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92_HB2463enr HB2463 Enrolled LRB9206282LBmg 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Pharmacy Practice Act of 1987 is amended 5 by changing Sections 3, 10, 14, 15, 18, 19, 22, 27, and 30 6 and adding Section 17.1 as follows: 7 (225 ILCS 85/3) (from Ch. 111, par. 4123) 8 (Section scheduled to be repealed on January 1, 2008) 9 Sec. 3. Definitions. For the purpose of this Act, except 10 where otherwise limited therein: 11 (a) "Pharmacy" or "drugstore" means and includes every 12 store, shop, pharmacy department, or other place where 13 pharmaceutical care is provided by a pharmacist (1) where 14 drugs, medicines, or poisons are dispensed, sold or offered 15 for sale at retail, or displayed for sale at retail; or (2) 16 where prescriptions of physicians, dentists, veterinarians, 17 podiatrists, or therapeutically certified optometrists, 18 within the limits of their licenses, are compounded, filled, 19 or dispensed; or (3) which has upon it or displayed within 20 it, or affixed to or used in connection with it, a sign 21 bearing the word or words "Pharmacist", "Druggist", 22 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore", 23 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or 24 any word or words of similar or like import, either in the 25 English language or any other language; or (4) where the 26 characteristic prescription sign (Rx) or similar design is 27 exhibited; or (5) any store, or shop, or other place with 28 respect to which any of the above words, objects, signs or 29 designs are used in any advertisement. 30 (b) "Drugs" means and includes (l) articles recognized 31 in the official United States Pharmacopoeia/National HB2463 Enrolled -2- LRB9206282LBmg 1 Formulary (USP/NF), or any supplement thereto and being 2 intended for and having for their main use the diagnosis, 3 cure, mitigation, treatment or prevention of disease in man 4 or other animals, as approved by the United States Food and 5 Drug Administration, but does not include devices or their 6 components, parts, or accessories; and (2) all other articles 7 intended for and having for their main use the diagnosis, 8 cure, mitigation, treatment or prevention of disease in man 9 or other animals, as approved by the United States Food and 10 Drug Administration, but does not include devices or their 11 components, parts, or accessories; and (3) articles (other 12 than food) having for their main use and intended to affect 13 the structure or any function of the body of man or other 14 animals; and (4) articles having for their main use and 15 intended for use as a component or any articles specified in 16 clause (l), (2) or (3); but does not include devices or their 17 components, parts or accessories. 18 (c) "Medicines" means and includes all drugs intended 19 for human or veterinary use approved by the United States 20 Food and Drug Administration. 21 (d) "Practice of pharmacy" means the provision of 22 pharmaceutical care to patients as determined by the 23 pharmacist's professional judgment in the following areas, 24 which may include but are not limited to (1) patient 25 counseling, (2) interpretation and assisting in the 26 monitoring of appropriate drug use and prospective drug 27 utilization review, (3) providing information on the 28 therapeutic values, reactions, drug interactions, side 29 effects, uses, selection of medications and medical devices, 30 and outcome of drug therapy, (4) participation in drug 31 selection, drug monitoring, drug utilization review, 32 evaluation, administration, interpretation, application of 33 pharmacokinetic and laboratory data to design safe and 34 effective drug regimens, (5) drug research (clinical and HB2463 Enrolled -3- LRB9206282LBmg 1 scientific), and (6) compounding and dispensing of drugs and 2 medical devices. 3 (e) "Prescription" means and includes any written, oral, 4 facsimile, or electronically transmitted order for drugs or 5 medical devices, issued by a physician licensed to practice 6 medicine in all its branches, dentist, veterinarian, or 7 podiatrist, or therapeutically certified optometrist, within 8 the limits of their licenses, by a physician assistant in 9 accordance with subsection (f) of Section 4, or by an 10 advanced practice nurse in accordance with subsection (g) of 11 Section 4, containing the following: (l) name of the patient; 12 (2) date when prescription was issued; (3) name and strength 13 of drug or description of the medical device prescribed; and 14 (4) quantity, (5) directions for use, (6) prescriber's name, 15 address and signature, and (7) DEA number where required, for 16 controlled substances. DEA numbers shall not be required on 17 inpatient drug orders. 18 (f) "Person" means and includes a natural person, 19 copartnership, association, corporation, government entity, 20 or any other legal entity. 21 (g) "Department" means the Department of Professional 22 Regulation. 23 (h) "Board of Pharmacy" or "Board" means the State Board 24 of Pharmacy of the Department of Professional Regulation. 25 (i) "Director" means the Director of Professional 26 Regulation. 27 (j) "Drug product selection" means the interchange for a 28 prescribed pharmaceutical product in accordance with Section 29 25 of this Act and Section 3.14 of the Illinois Food, Drug 30 and Cosmetic Act. 31 (k) "Inpatient drug order" means an order issued by an 32 authorized prescriber for a resident or patient of a facility 33 licensed under the Nursing Home Care Act or the Hospital 34 Licensing Act, or "An Act in relation to the founding and HB2463 Enrolled -4- LRB9206282LBmg 1 operation of the University of Illinois Hospital and the 2 conduct of University of Illinois health care programs", 3 approved July 3, 1931, as amended, or a facility which is 4 operated by the Department of Human Services (as successor to 5 the Department of Mental Health and Developmental 6 Disabilities) or the Department of Corrections. 7 (k-5) "Pharmacist" means an individual currently 8 licensed by this State to engage in the practice of pharmacy. 9 (l) "Pharmacist in charge" means the licensed pharmacist 10 whose name appears on a pharmacy license and who is 11 responsible for all aspects of the operation related to the 12 practice of pharmacy. 13 (m) "Dispense" means the delivery of drugs and medical 14 devices, in accordance with applicable State and federal laws 15 and regulations, to the patient or the patient's 16 representative authorized to receive these products, 17 including the compounding, packaging, and labeling necessary 18 for delivery, and any recommending or advising concerning the 19 contents and therapeutic values and uses thereof. "Dispense" 20 does not mean the physical delivery to a patient or a 21 patient's representative in a home or institution by a 22 designee of a pharmacist or by common carrier. "Dispense" 23 also does not mean the physical delivery of a drug or medical 24 device to a patient or patient's representative by a 25 pharmacist's designee within a pharmacy or drugstore while 26 the pharmacist is on duty and the pharmacy is open. 27 (n) "Mail-order pharmacy" means a pharmacy that is 28 located in a state of the United States, other than Illinois, 29 that delivers, dispenses or distributes, through the United 30 States Postal Service or other common carrier, to Illinois 31 residents, any substance which requires a prescription. 32 (o) "Compounding" means the preparation, mixing, 33 assembling, packaging, or labeling of a drug or medical 34 device: (1) as the result of a practitioner's prescription HB2463 Enrolled -5- LRB9206282LBmg 1 drug order or initiative that is dispensed pursuant to a 2 prescription in the course of professional practice; or (2) 3 for the purpose of, or incident to, research, teaching, or 4 chemical analysis; or (3) in anticipation of prescription 5 drug orders based on routine, regularly observed prescribing 6 patterns. 7 (p) "Confidential information" means information, 8 maintained by the pharmacist in the patient's records, 9 released only (i) to the patient or, as the patient directs, 10 to other practitioners and other pharmacists or (ii) to any 11 other person authorized by law to receive the information. 12 (q) "Prospective drug review" or "drug utilization 13 evaluation" means a screening for potential drug therapy 14 problems due to therapeutic duplication, drug-disease 15 contraindications, drug-drug interactions (including serious 16 interactions with nonprescription or over-the-counter drugs), 17 drug-food interactions, incorrect drug dosage or duration of 18 drug treatment, drug-allergy interactions, and clinical abuse 19 or misuse. 20 (r) "Patient counseling" means the communication between 21 a pharmacist or a student pharmacist under the direct 22 supervision of a pharmacist and a patient or the patient's 23 representative about the patient's medication or device for 24 the purpose of optimizing proper use of prescription 25 medications or devices. The offer to counsel by the 26 pharmacist or the pharmacist's designee, and subsequent 27 patient counseling by the pharmacist or student pharmacist, 28 shall be made in a face-to-face communication with the 29 patient or patient's representative unless, in the 30 professional judgment of the pharmacist, a face-to-face 31 communication is deemed inappropriate or unnecessary. In 32 that instance, the offer to counsel or patient counseling may 33 be made in a written communication, by telephone, or in a 34 manner determined by the pharmacist to be appropriate. HB2463 Enrolled -6- LRB9206282LBmg 1 (s) "Patient profiles" or "patient drug therapy record" 2 means the obtaining, recording, and maintenance of patient 3 prescription and personal information. 4 (t) "Pharmaceutical care" includes, but is not limited 5 to, the act of monitoring drug use and other patient care 6 services intended to achieve outcomes that improve the 7 patient's quality of life but shall not include the sale of 8 over-the-counter drugs by a seller of goods and services who 9 does not dispense prescription drugs. 10 (u) "Medical device" means an instrument, apparatus, 11 implement, machine, contrivance, implant, in vitro reagent, 12 or other similar or related article, including any component 13 part or accessory, required under federal law to bear the 14 label "Caution: Federal law requires dispensing by or on the 15 order of a physician". A seller of goods and services who, 16 only for the purpose of retail sales, compounds, sells, 17 rents, or leases medical devices shall not, by reasons 18 thereof, be required to be a licensed pharmacy. 19 (v) "Unique identifier" means an electronic signature, 20 handwritten signature or initials, thumb print, or other 21 acceptable individual biometric or electronic identification 22 process as approved by the Department. 23 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 24 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 25 7-30-98; 90-742, eff. 8-13-98.) 26 (225 ILCS 85/10) (from Ch. 111, par. 4130) 27 (Section scheduled to be repealed on January 1, 2008) 28 Sec. 10. State Board of Pharmacy. There is created in the 29 Department the State Board of Pharmacy. It shall consist of 30 9 members, 7 of whom shall be licensed pharmacists. Each of 31 those 7 members must be a licensed pharmacist in good 32 standing in this State, a graduate of an accredited college 33 of pharmacy or hold a Bachelor of Science degree in Pharmacy HB2463 Enrolled -7- LRB9206282LBmg 1 and have at least 5 years' practical experience in the 2 practice of pharmacy subsequent to the date of his licensure 3 as a licensed pharmacist in the State of Illinois. There 4 shall be 2 public members, who shall be voting members, who 5 shall not be licensed pharmacists in this State or any other 6 state. 7 Each member shall be appointed by the Governor. 8 The terms of all members serving as of March 31, 1999 9 shall expire on that date. The Governor shall appoint 3 10 persons to serve one-year terms, 3 persons to serve 3-year 11 terms, and 3 persons to serve 5-year terms to begin April 1, 12 1999. Otherwise, members shall be appointed to 5 year terms. 13 No member shall be eligible to serve more than 12 consecutive 14 years. 15 In making the appointment of members on the Board, the 16 Governor shall give due consideration to recommendations by 17 the members of the profession of pharmacy and by 18 pharmaceutical organizations therein. The Governor shall 19 notify the pharmaceutical organizations promptly of any 20 vacancy of members on the Board and in appointing members 21 shall give consideration to individuals engaged in all types 22 and settings of pharmacy practice. 23 The Governor may remove any member of the Board for 24 misconduct, incapacity or neglect of duty and he shall be the 25 sole judge of the sufficiency of the cause for removal. 26 Every person appointed a member of the Board shall take 27 and subscribe the constitutional oath of office and file it 28 with the Secretary of State. Each member of the Board shall 29 be reimbursed for such actual and legitimate expenses as he 30 may incur in going to and from the place of meeting and 31 remaining thereat during sessions of the Board. In addition, 32 each member of the Board shall receive a per diem payment in 33 an amount determined from time to time by the Director for 34 attendance at meetings of the Board and conducting other HB2463 Enrolled -8- LRB9206282LBmg 1 official business of the Board. 2 The Board shall hold quarterly meetings and an annual 3 meeting in January of each year and such other meetings at 4 such times and places and upon such notice as the Board may 5 determine and as its business may require. Five members of 6 the Board shall constitute a quorum for the transaction of 7 business. The Director shall appoint a pharmacy coordinator, 8 who shall be someone other than a member of the Board. The 9 pharmacy coordinator shall be a registered pharmacist in good 10 standing in this State, shall be a graduate of an accredited 11 college of pharmacy, or hold at a minimum a Bachelor of 12 Science degree in Pharmacy and shall have at least 5 years' 13 experience in the practice of pharmacy immediately prior to 14 his appointment. The pharmacy coordinator shall be the 15 executive administrator and the chief enforcement officer of 16 the Pharmacy Practice Act of 1987. 17 The Board shall exercise the rights, powers and duties 18 which have been vested in the Board under this Act, and any 19 other duties conferred upon the Board by law. 20 The Director shall, in conformity with the Personnel 21 Code, employ not less than 7 pharmacy investigators and 2 22 pharmacy supervisors. Each pharmacy investigator and each 23 supervisor shall be a registered pharmacist in good standing 24 in this State, and shall be a graduate of an accredited 25 college of pharmacy and have at least 5 years of experience 26 in the practice of pharmacy. The Department shall also 27 employ at least one attorney who is a pharmacist to prosecute 28 violations of this Act and its rules. The Department may, in 29 conformity with the Personnel Code, employ such clerical and 30 other employees as are necessary to carry out the duties of 31 the Board. 32 The duly authorized pharmacy investigators of the 33 Department shall have the right to enter and inspect during 34 business hours any pharmacy or any other place in the State HB2463 Enrolled -9- LRB9206282LBmg 1 of Illinois holding itself out to be a pharmacy where 2 medicines or drugs or drug products or proprietary medicines 3 are sold, offered for sale, exposed for sale, or kept for 4 sale. The pharmacy investigators shall be the only 5 Department investigators authorized to inspect, investigate, 6 and monitor probation compliance of pharmacists,and7 pharmacies, and pharmacy technicians. 8 (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.) 9 (225 ILCS 85/14) (from Ch. 111, par. 4134) 10 (Section scheduled to be repealed on January 1, 2008) 11 Sec. 14. Structural and equipment requirements. No person 12 shall establish or move to a new location any pharmacy unless 13 the pharmacy is licensed with the Department and has on file 14 with the Department a verified statement that: 15 (1) such pharmacy is or will be engaged in the 16 practice of pharmacy; and 17 (2) such pharmacy will have in stock and shall 18 maintain sufficient drugs and materials as to protect the 19 public it serves within 30 days after the issuance of the 20 registration of the pharmacy. 21 Division I, II, III, IV, or V pharmacies shall be in a 22 suitable, well-lighted and well-ventilated area with at least 23 300 square feet of clean and sanitary contiguous space and 24 shall be suitably equipped for compounding prescriptions, 25 storage of drugs and sale of drugs and to otherwise conduct 26 the practice of pharmacy. The space occupied shall be 27 equipped with a sink with hot and cold water or facilities 28 for heating water, proper sewage outlet, refrigeration 29 storage equipment, and such fixtures, facilities, drugs, 30 equipment and material, which shall include the current 31 editions of the United States Pharmacopoeia/DI, Facts and 32 Comparisons, or any other current compendium approved by the 33 Department, and other such reference works, as will enable a HB2463 Enrolled -10- LRB9206282LBmg 1 pharmacist to practice pharmacy, including this Act and the 2 rules promulgated under this Act. Such pharmacy shall have 3 the following items: accurate weights of 0.5 gr. to 4 oz. and 4 20 mg to 100 Gm; and a prescription balance equipped with 5 balance indicator and with mechanical means of arresting the 6 oscillations of the mechanism and which balance shall be 7 sensitive to 0.5 grain (32 mg) or less or an alternative 8 weighing device as approved by the Department, and such other 9 measuring devices as may be necessary for the conduct of the 10 practice of pharmacy. 11 The provisions of this Section with regard to 300 square 12 feet of space shall apply to any pharmacy which is opened 13 after the effective date of this Act. Nothing shall require 14 a pharmacy in existence on the effective date of this Act 15 which is comprised of less than 300 square feet to provide 16 additional space to meet these requirements. 17 (Source: P.A. 90-253, eff. 7-29-97.) 18 (225 ILCS 85/15) (from Ch. 111, par. 4135) 19 (Section scheduled to be repealed on January 1, 2008) 20 Sec. 15. Pharmacy requirements. It shall be unlawful for 21 the owner of any pharmacy, as defined in this Act, to operate 22 or conduct the same, or to allow the same to be operated or 23 conducted, unless: 24 (a) It has a licensed pharmacist, authorized to practice 25 pharmacy in this State under the provisions of this Act, on 26 duty whenever the practice of pharmacy is conducted; 27 (b) Security provisions for all drugs and devices, as 28 determined by rule of the Department, are provided during the 29 absence from the licensed pharmacy of all licensed 30 pharmacists. Maintenance of security provisions is the 31 responsibility of the licensed registered pharmacist in 32 charge; and 33 (c) The pharmacy is licensed under this Act to do HB2463 Enrolled -11- LRB9206282LBmg 1 business. 2 The Department shall, by rule, provide requirements for 3 each division of pharmacy license and shall, as well provide 4 guidelines for the designation of a registered pharmacist in 5 charge for each division. 6 Division I. Retail Licenses for pharmacies which are 7 open to, or offer pharmacy services to, the general public. 8 Division II. Licenses for pharmacies whose primary 9 pharmacy service is provided to patients or residents of 10 facilities licensed under the Nursing Home Care Act or the 11 Hospital Licensing Act, or "An Act in relation to the 12 founding and operation of the University of Illinois Hospital 13 and the conduct of University of Illinois health care 14 programs", approved July 3, 1931, as amended, and which are 15 not located in the facilities they serve. 16 Division III. Licenses for pharmacies which are located 17 in a facility licensed under the Nursing Home Care Act or the 18 Hospital Licensing Act, or "An Act in relation to the 19 founding and operation of the University of Illinois Hospital 20 and the conduct of University of Illinois health care 21 programs", approved July 3, 1931, as amended, or a facility 22 which is operated by the Department of Human Services (as 23 successor to the Department of Mental Health and 24 Developmental Disabilities) or the Department of Corrections, 25 and which provide pharmacy services to residents or patients 26 of the facility, as well as employees, prescribers and 27 students of the facility. 28 Division IV. Licenses for pharmacies which provide or 29 offer for sale radioactive materials. 30 Division V. Licenses for pharmacies which hold licenses 31 in Division II or Division III which also provide pharmacy 32 services to the general public, or pharmacies which are 33 located in or whose primary pharmacy service is to ambulatory 34 care facilities or schools of veterinary medicine or other HB2463 Enrolled -12- LRB9206282LBmg 1 such institution or facility. 2 The Director may waive the requirement for a pharmacist 3 to be on duty at all times for State facilities not treating 4 human ailments. 5 It shall be unlawful for any person, who is not a 6 licensed pharmacy or health care facility, to purport to be 7 such or to use in name, title, or sign designating, or in 8 connection with that place of business, any of the words: 9 "pharmacy", "pharmacist", "pharmacy department", 10 "apothecary", "druggist", "drug", "drugs", "medicines", 11 "medicine store", "drug sundries", "prescriptions filled", or 12 any list of words indicating that drugs are compounded or 13 sold to the lay public, or prescriptions are dispensed 14 therein. Each day during which, or a part which, such 15 representation is made or appears or such a sign is allowed 16 to remain upon or in such a place of business shall 17 constitute a separate offense under this Act. 18 The holder of any license or certificate of registration 19 shall conspicuously display it in the pharmacy in which he is 20 engaged in the practice of pharmacy. The registered 21 pharmacist in charge shall conspicuously display his name in 22 such pharmacy. The pharmacy license shall also be 23 conspicuously displayed. 24 (Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.) 25 (225 ILCS 85/17.1 new) 26 (Section scheduled to be repealed on January 1, 2008) 27 Sec. 17.1. Pharmacy technician training. 28 (a) Beginning January 1, 2004, it shall be the joint 29 responsibility of a pharmacy and its pharmacist in charge to 30 have trained all of its pharmacy technicians or obtain proof 31 of prior training in all of the following topics as they 32 relate to the practice site: 33 (1) The duties and responsibilities of the HB2463 Enrolled -13- LRB9206282LBmg 1 technicians and pharmacists. 2 (2) Tasks and technical skills, policies, and 3 procedures. 4 (3) Compounding, packaging, labeling, and storage. 5 (4) Pharmaceutical and medical terminology. 6 (5) Record keeping requirements. 7 (6) The ability to perform and apply arithmetic 8 calculations. 9 (b) Within 6 months after initial employment or changing 10 the duties and responsibilities of a pharmacy technician, it 11 shall be the joint responsibility of the pharmacy and the 12 pharmacist in charge to train the pharmacy technician or 13 obtain proof of prior training in the areas listed in 14 subsection (a) of this Section as they relate to the practice 15 site. 16 (c) All divisions of pharmacies shall maintain an 17 up-to-date training program describing the duties and 18 responsibilities of a pharmacy technician. 19 (d) All divisions of pharmacies shall create and 20 maintain retrievable records of training or proof of training 21 as required in this Section. 22 (225 ILCS 85/18) (from Ch. 111, par. 4138) 23 (Section scheduled to be repealed on January 1, 2008) 24 Sec. 18. Record retention. There shall be kept in every 25 drugstore or pharmacy a suitable book, file, or electronic 26 record keeping system in which shall be preserved for a 27 period of not less than 5 years the original of every written 28 prescription and the original transcript or copy of every 29 verbal prescription filled, compounded, or dispensed, in such 30 pharmacy; and such book or file of prescriptions shall at all 31 reasonable times be open to inspection to the pharmacy 32 coordinator and the duly authorized agents or employees of 33 the Department. HB2463 Enrolled -14- LRB9206282LBmg 1 Every prescription filled or refilled shall contain the 2 unique identifier of the person authorized to practice 3 pharmacy under the provision of this Act who fills or refills 4 the prescription. 5 Records kept pursuant to this Section may be maintained 6 in an alternative data retention system, such as a direct 7 digital imaging system, provided that: 8 (1) the records maintained in the alternative data 9 retention system contain all of the information required 10 in a manual record; 11 (2) the data processing system is capable of 12 producing a hard copy of the electronic record on the 13 request of the Board, its representative, or other 14 authorized local, State, or federal law enforcement or 15 regulatory agency; and 16 (3) the digital images are recorded and stored only 17 by means of a technology that does not allow subsequent 18 revision or replacement of the images. 19 As used in this Section, "digital imaging system" means a 20 system, including people, machines, methods of organization, 21 and procedures, that provides input, storage, processing, 22 communications, output, and control functions for digitized 23 representations of original prescription records. 24 Inpatient drug orders may be maintained within an 25 institution in a manner approved by the Department. 26 (Source: P.A. 90-253, eff. 7-29-97.) 27 (225 ILCS 85/19) (from Ch. 111, par. 4139) 28 (Section scheduled to be repealed on January 1, 2008) 29 Sec. 19. Nothing contained in this Act shall be 30 construed to prohibit a pharmacist licensed in this State 31 from filling or refilling a valid prescription for 32 prescription drugs which is on file in a pharmacy licensed in 33 any state and has been transferred from one pharmacy to HB2463 Enrolled -15- LRB9206282LBmg 1 another by any means, including by way of electronic data 2 processing equipment upon the following conditions and 3 exceptions: 4 (1) Prior to dispensing pursuant to any such 5 prescription, the dispensing pharmacist shall: 6 (a) Advise the patient that the prescription on 7 file at such other pharmacy must be canceled before he 8 will be able to fill or refill it. 9 (b) Determine that the prescription is valid and on 10 file at such other pharmacy and that such prescription 11 may be filled or refilled, as requested, in accordance 12 with the prescriber's intent expressed on such 13 prescription. 14 (c) Notify the pharmacy where the prescription is 15 on file that the prescription must be canceled. 16 (d) Record in writing the prescription order, the 17 name of the pharmacy at which the prescription was on 18 file, the prescription number, the name of the drug and 19 the original amount dispensed, the date of original 20 dispensing, and the number of remaining authorized 21 refills. 22 (e) Obtain the consent of the prescriber to the 23 refilling of the prescription when the prescription, in 24 the professional judgment of the dispensing pharmacist, 25 so requires.Any interference with the professional26judgment of the dispensing pharmacist by any other27registered pharmacist, his agents, or employees shall be28grounds for revocation or suspension of the permit issued29to the pharmacy.30 (2) Upon receipt of a request for prescription 31 information set forth in subparagraph (d) of paragraph (1) of 32 this Section, if the requested pharmacist is satisfied in his 33 professional judgment that such request is valid and legal, 34 the requested pharmacist shall: HB2463 Enrolled -16- LRB9206282LBmg 1 (a) Provide such information accurately and 2 completely. 3 (b) Record on the face of the prescription the name 4 of the requesting pharmacy and pharmacist and the date of 5 request. 6 (c) Cancel the prescription on file by writing the 7 word "void" on its face. No further prescription 8 information shall be given or medication dispensed 9 pursuant to such original prescription. 10 (3) In the event that, after the information set forth 11 in subparagraph (d) of paragraph (1) of this Section has been 12 provided, a prescription is not dispensed by the requesting 13 pharmacist, then such pharmacist shall provide notice of this 14 fact to the pharmacy from which such information was 15 obtained; such notice shall then cancel the prescription in 16 the same manner as set forth in subparagraph (c) of paragraph 17 (2) of this Section. 18 (4) When filling or refilling a valid prescription on 19 file in another state, the dispensing pharmacist shall be 20 required to follow all the requirements of Illinois law which 21 apply to the dispensing of prescription drugs. If anything 22 in Illinois law prevents the filling or refilling of the 23 original prescription it shall be unlawful to dispense 24 pursuant to this Section. 25 (5) Prescriptions for drugs in Schedules III, IV, and V 26 of the Illinois Controlled Substances Act may be transferred 27 only once and may not be further transferred. 28 (Source: P.A. 88-428.) 29 (225 ILCS 85/22) (from Ch. 111, par. 4142) 30 (Section scheduled to be repealed on January 1, 2008) 31 Sec. 22. Except only in the case of a drug, medicine or 32 poison which is lawfully sold or dispensed, at retail, in the 33 original and unbroken package of the manufacturer, packer, or HB2463 Enrolled -17- LRB9206282LBmg 1 distributor thereof, and which package bears the original 2 label thereon showing the name and address of the 3 manufacturer, packer, or distributor thereof, and the name of 4 the drug, medicine, or poison therein contained, and the 5 directions for its use, no person shall sell or dispense, at 6 retail, any drug, medicine, or poison, without affixing to 7 the box, bottle, vessel, or package containing the same, a 8 label bearing the name of the article distinctly shown, and 9 the directions for its use, with the name and address of the 10 pharmacy wherein the same is sold or dispensed. However, in 11 the case of a drug, medicine, or poison which is sold or 12 dispensed pursuant to a prescription of a physician licensed 13 to practice medicine in all of its branches, licensed 14 dentist, licensed veterinarian, licensed podiatrist, or 15 therapeutically or diagnostically certified optometrist 16 authorized by law to prescribe drugs or medicines or poisons, 17 the label affixed to the box, bottle, vessel, or package 18 containing the same shall show: (a) the name and address of 19 the pharmacy wherein the same is sold or dispensed; (b) the 20 name or initials of the person, authorized to practice 21 pharmacy under the provisions of this Act, selling or 22 dispensing the same, (c) the date on which such prescription 23 was filled; (d) the name of the patient; (e) the serial 24 number of such prescription as filed in the prescription 25 files; (f) the last name of the practitioner who prescribed 26 such prescriptions; (g) the directions for use thereof as 27 contained in such prescription; and (h) the proprietary name 28 or names or the established name or names of the drugs, the 29 dosage and quantity, except as otherwise authorized by 30 regulation of the Department.Any person who sells or31dispenses any drug, medicine or poison shall sell or dispense32such drug, medicine or poison in good faith. "Good faith",33for purposes of this Section, has the meaning ascribed to it34in subsection (u) of Section 102 of the "Illinois ControlledHB2463 Enrolled -18- LRB9206282LBmg 1Substances Act", approved August 16, 1971, as amended.The 2 Department shall establish rules governing labeling in 3 Division II and Division III pharmacies. 4 (Source: P.A. 90-253, eff. 7-29-97.) 5 (225 ILCS 85/27) (from Ch. 111, par. 4147) 6 (Section scheduled to be repealed on January 1, 2008) 7 Sec. 27. Fees. The following fees are not refundable. 8 (A) Certificate of pharmacy technician. 9 (1) The fee for application for a certificate of 10 registration as a pharmacy technician is $40. 11 (2) The fee for the renewal of a certificate of 12 registration as a pharmacy technician shall be calculated 13 at the rate of $25 per year. 14 (B) License as a pharmacist. 15 (1) The fee for application for a license is $75. 16 (2) In addition, applicants for any examination as 17 a registered pharmacist shall be required to pay, either 18 to the Department or to the designated testing service, a 19 fee covering the cost of determining an applicant's 20 eligibility and providing the examination. Failure to 21 appear for the examination on the scheduled date, at the 22 time and place specified, after the applicant's 23 application for examination has been received and 24 acknowledged by the Department or the designated testing 25 service, shall result in the forfeiture of the 26 examination fee. 27 (3) The fee for a license as a registered 28 pharmacist registered or licensed under the laws of 29 another state or territory of the United States is $200. 30 (4) The fee upon the renewal of a license shall be 31 calculated at the rate of $75 per year. 32 (5) The fee for the restoration of a certificate 33 other than from inactive status is $10 plus all lapsed HB2463 Enrolled -19- LRB9206282LBmg 1 renewal fees. 2 (6) Applicants for the preliminary diagnostic 3 examination shall be required to pay, either to the 4 Department or to the designated testing service, a fee 5 covering the cost of determining an applicant's 6 eligibility and providing the examination. Failure to 7 appear for the examination on the scheduled date, at the 8 time and place specified, after the application for 9 examination has been received and acknowledged by the 10 Department or the designated testing service, shall 11 result in the forfeiture of the examination fee. 12 (7) The fee to have the scoring of an examination 13 authorized by the Department reviewed and verified is $20 14 plus any fee charged by the applicable testing service. 15 (C) License as a pharmacy. 16 (1) The fee for application for a license for a 17 pharmacy under this Act is $100. 18 (2) The fee for the renewal of a license for a 19 pharmacy under this Act shall be calculated at the rate 20 of $100 per year. 21 (3) The fee for the change of a 22 pharmacist-in-charge is $25. 23 (D) General Fees. 24 (1) The fee for the issuance of a duplicate 25 license, for the issuance of a replacement license for a 26 license that has been lost or destroyed or for the 27 issuance of a license with a change of name or address 28 other than during the renewal period is $20. No fee is 29 required for name and address changes on Department 30 records when no duplicate certification is issued. 31 (2) The fee for a certification of a registrant's 32 record for any purpose is $20. 33 (3) The fee to have the scoring of an examination 34 administered by the Department reviewed and verified is HB2463 Enrolled -20- LRB9206282LBmg 1 $20. 2 (4) The fee for a wall certificate showing 3 licensure or registration shall be the actual cost of 4 producing the certificate. 5 (5) The fee for a roster of persons registered as 6 pharmacists or registered pharmacies in this State shall 7 be the actual cost of producing the roster. 8 (6) The fee for pharmacy licensing, disciplinary or 9 investigative records obtained pursuant to a subpoena is 10 $1 per page. 11 (E) Except as provided in subsection (F), all moneys 12 received by the Department under this Act shall be deposited 13 in the Illinois State Pharmacy Disciplinary Fund hereby 14 created in the State Treasury and shall be used only for the 15 following purposes: (a) by the State Board of Pharmacy in the 16 exercise of its powers and performance of its duties, as such 17 use is made by the Department upon the recommendations of the 18 State Board of Pharmacy, (b) for costs directly related to 19 license renewal of persons licensed under this Act, and (c) 20 for direct and allocable indirect costs related to the public 21 purposes of the Department of Professional Regulation. 22 Moneys in the Fund may be transferred to the Professions 23 Indirect Cost Fund as authorized under Section 2105-300 of 24 the Department of Professional Regulation Law (20 ILCS 25 2105/2105-300). 26 The moneys deposited in the Illinois State Pharmacy 27 Disciplinary Fund shall be invested to earn interest which 28 shall accrue to the Fund. The Department shall present to the 29 Board for its review and comment all appropriation requests 30 from the Illinois State Pharmacy Disciplinary Fund. The 31 Department shall give due consideration to any comments of 32 the Board in making appropriation requests. 33 (F) From the money received for license renewal fees, $5 34 from each pharmacist fee, and $2.50 from each pharmacy HB2463 Enrolled -21- LRB9206282LBmg 1 technician fee, shall be set aside within the Illinois State 2 Pharmacy Disciplinary Fund for the purpose of supporting a 3 substance abuse program for pharmacists and pharmacy 4 technicians. The State Board of Pharmacy shall, pursuant to 5 all provisions of the Illinois Procurement Code, determine 6 how and to whom the money set aside under this subsection is 7 disbursed. 8 (G) (Blank). 9 (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.) 10 (225 ILCS 85/30) (from Ch. 111, par. 4150) 11 (Section scheduled to be repealed on January 1, 2008) 12 Sec. 30. (a) In accordance with Section 11 of this Act, 13 the Department may refuse to issue, restore, or renew, or may 14 revoke, suspend, place on probation, reprimand or take other 15 disciplinary action as the Department may deem proper with 16 regard to any license or certificate of registration for any 17 one or combination of the following causes: 18 1. Material misstatement in furnishing information 19 to the Department. 20 2. Violations of this Act, or the rules promulgated 21 hereunder. 22 3. Making any misrepresentation for the purpose of 23 obtaining licenses. 24 4. A pattern of conduct which demonstrates 25 incompetence or unfitness to practice. 26 5. Aiding or assisting another person in violating 27 any provision of this Act or rules. 28 6. Failing, within 60 days, to respond to a written 29 request made by the Department for information. 30 7. Engaging in dishonorable, unethical or 31 unprofessional conduct of a character likely to deceive, 32 defraud or harm the public. 33 8. Discipline by another U.S. jurisdiction or HB2463 Enrolled -22- LRB9206282LBmg 1 foreign nation, if at least one of the grounds for the 2 discipline is the same or substantially equivalent to 3 those set forth herein. 4 9. Directly or indirectly giving to or receiving 5 from any person, firm, corporation, partnership or 6 association any fee, commission, rebate or other form of 7 compensation for any professional services not actually 8 or personally rendered. 9 10. A finding by the Department that the licensee, 10 after having his license placed on probationary status 11 has violated the terms of probation. 12 11. Selling or engaging in the sale of drug samples 13 provided at no cost by drug manufacturers. 14 12. Physical illness, including but not limited to, 15 deterioration through the aging process, or loss of motor 16 skill which results in the inability to practice the 17 profession with reasonable judgment, skill or safety. 18 13. A finding that licensure or registration has 19 been applied for or obtained by fraudulent means. 20 14. The applicant, or licensee has been convicted 21 in state or federal court of any crime which is a felony 22 or any misdemeanor related to the practice of pharmacy, 23 of which an essential element is dishonesty. 24 15. Habitual or excessive use or addiction to 25 alcohol, narcotics, stimulants or any other chemical 26 agent or drug which results in the inability to practice 27 with reasonable judgment, skill or safety. 28 16. Willfully making or filing false records or 29 reports in the practice of pharmacy, including, but not 30 limited to false records to support claims against the 31 medical assistance program of the Department of Public 32 Aid under the Public Aid Code. 33 17. Gross and willful overcharging for professional 34 services including filing false statements for collection HB2463 Enrolled -23- LRB9206282LBmg 1 of fees for which services are not rendered, including, 2 but not limited to, filing false statements for 3 collection of monies for services not rendered from the 4 medical assistance program of the Department of Public 5 Aid under the Public Aid Code. 6 18. Repetitiously dispensing prescription drugs 7 without receiving a written or oral prescription. 8 19. Upon a finding of a substantial discrepancy in 9 a Department audit of a prescription drug, including 10 controlled substances, as that term is defined in this 11 Act or in the Illinois Controlled Substances Act. 12 20. Physical illness which results in the inability 13 to practice with reasonable judgment, skill or safety, or 14 mental incompetency as declared by a court of competent 15 jurisdiction. 16 21. Violation of the Health Care Worker 17 Self-Referral Act. 18 22. Failing to sell or dispense any drug, medicine, 19 or poison in good faith. "Good faith", for the purposes 20 of this Section, has the meaning ascribed to it in 21 subsection (u) of Section 102 of the Illinois Controlled 22 Substances Act. 23 23. Interfering with the professional judgment of a 24 pharmacist by any registrant under this Act, or his or 25 her agents or employees. 26 (b) The Department may refuse to issue or may suspend 27 the license or registration of any person who fails to file a 28 return, or to pay the tax, penalty or interest shown in a 29 filed return, or to pay any final assessment of tax, penalty 30 or interest, as required by any tax Act administered by the 31 Illinois Department of Revenue, until such time as the 32 requirements of any such tax Act are satisfied. 33 (c) The Department shall revoke the license or 34 certificate of registration issued under the provisions of HB2463 Enrolled -24- LRB9206282LBmg 1 this Act or any prior Act of this State of any person who has 2 been convicted a second time of committing any felony under 3 the Illinois Controlled Substances Act, or who has been 4 convicted a second time of committing a Class 1 felony under 5 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A 6 person whose license or certificate of registration issued 7 under the provisions of this Act or any prior Act of this 8 State is revoked under this subsection (c) shall be 9 prohibited from engaging in the practice of pharmacy in this 10 State. 11 (d) In any order issued in resolution of a disciplinary 12 proceeding, the Board may request any licensee found guilty 13 of a charge involving a significant violation of subsection 14 (a) of Section 5, or paragraph 19 of Section 30 as it 15 pertains to controlled substances, to pay to the Department a 16 fine not to exceed $2,000. 17 (e) In any order issued in resolution of a disciplinary 18 proceeding, in addition to any other disciplinary action, the 19 Board may request any licensee found guilty of noncompliance 20 with the continuing education requirements of Section 12 to 21 pay the Department a fine not to exceed $1000. 22 (f) The Department shall issue quarterly to the Board a 23 status of all complaints related to the profession received 24 by the Department. 25 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)