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92_HB2463sam003
LRB9206282ACacam01
1 AMENDMENT TO HOUSE BILL 2463
2 AMENDMENT NO. . Amend House Bill 2463, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Sections 3, 10, 14, 15, 18, 19, 22, 27, and 30
7 and adding Section 17.1 as follows:
8 (225 ILCS 85/3) (from Ch. 111, par. 4123)
9 (Section scheduled to be repealed on January 1, 2008)
10 Sec. 3. Definitions. For the purpose of this Act, except
11 where otherwise limited therein:
12 (a) "Pharmacy" or "drugstore" means and includes every
13 store, shop, pharmacy department, or other place where
14 pharmaceutical care is provided by a pharmacist (1) where
15 drugs, medicines, or poisons are dispensed, sold or offered
16 for sale at retail, or displayed for sale at retail; or (2)
17 where prescriptions of physicians, dentists, veterinarians,
18 podiatrists, or therapeutically certified optometrists,
19 within the limits of their licenses, are compounded, filled,
20 or dispensed; or (3) which has upon it or displayed within
21 it, or affixed to or used in connection with it, a sign
22 bearing the word or words "Pharmacist", "Druggist",
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1 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
2 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
3 any word or words of similar or like import, either in the
4 English language or any other language; or (4) where the
5 characteristic prescription sign (Rx) or similar design is
6 exhibited; or (5) any store, or shop, or other place with
7 respect to which any of the above words, objects, signs or
8 designs are used in any advertisement.
9 (b) "Drugs" means and includes (l) articles recognized
10 in the official United States Pharmacopoeia/National
11 Formulary (USP/NF), or any supplement thereto and being
12 intended for and having for their main use the diagnosis,
13 cure, mitigation, treatment or prevention of disease in man
14 or other animals, as approved by the United States Food and
15 Drug Administration, but does not include devices or their
16 components, parts, or accessories; and (2) all other articles
17 intended for and having for their main use the diagnosis,
18 cure, mitigation, treatment or prevention of disease in man
19 or other animals, as approved by the United States Food and
20 Drug Administration, but does not include devices or their
21 components, parts, or accessories; and (3) articles (other
22 than food) having for their main use and intended to affect
23 the structure or any function of the body of man or other
24 animals; and (4) articles having for their main use and
25 intended for use as a component or any articles specified in
26 clause (l), (2) or (3); but does not include devices or their
27 components, parts or accessories.
28 (c) "Medicines" means and includes all drugs intended
29 for human or veterinary use approved by the United States
30 Food and Drug Administration.
31 (d) "Practice of pharmacy" means the provision of
32 pharmaceutical care to patients as determined by the
33 pharmacist's professional judgment in the following areas,
34 which may include but are not limited to (1) patient
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1 counseling, (2) interpretation and assisting in the
2 monitoring of appropriate drug use and prospective drug
3 utilization review, (3) providing information on the
4 therapeutic values, reactions, drug interactions, side
5 effects, uses, selection of medications and medical devices,
6 and outcome of drug therapy, (4) participation in drug
7 selection, drug monitoring, drug utilization review,
8 evaluation, administration, interpretation, application of
9 pharmacokinetic and laboratory data to design safe and
10 effective drug regimens, (5) drug research (clinical and
11 scientific), and (6) compounding and dispensing of drugs and
12 medical devices.
13 (e) "Prescription" means and includes any written, oral,
14 facsimile, or electronically transmitted order for drugs or
15 medical devices, issued by a physician licensed to practice
16 medicine in all its branches, dentist, veterinarian, or
17 podiatrist, or therapeutically certified optometrist, within
18 the limits of their licenses, by a physician assistant in
19 accordance with subsection (f) of Section 4, or by an
20 advanced practice nurse in accordance with subsection (g) of
21 Section 4, containing the following: (l) name of the patient;
22 (2) date when prescription was issued; (3) name and strength
23 of drug or description of the medical device prescribed; and
24 (4) quantity, (5) directions for use, (6) prescriber's name,
25 address and signature, and (7) DEA number where required, for
26 controlled substances. DEA numbers shall not be required on
27 inpatient drug orders.
28 (f) "Person" means and includes a natural person,
29 copartnership, association, corporation, government entity,
30 or any other legal entity.
31 (g) "Department" means the Department of Professional
32 Regulation.
33 (h) "Board of Pharmacy" or "Board" means the State Board
34 of Pharmacy of the Department of Professional Regulation.
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1 (i) "Director" means the Director of Professional
2 Regulation.
3 (j) "Drug product selection" means the interchange for a
4 prescribed pharmaceutical product in accordance with Section
5 25 of this Act and Section 3.14 of the Illinois Food, Drug
6 and Cosmetic Act.
7 (k) "Inpatient drug order" means an order issued by an
8 authorized prescriber for a resident or patient of a facility
9 licensed under the Nursing Home Care Act or the Hospital
10 Licensing Act, or "An Act in relation to the founding and
11 operation of the University of Illinois Hospital and the
12 conduct of University of Illinois health care programs",
13 approved July 3, 1931, as amended, or a facility which is
14 operated by the Department of Human Services (as successor to
15 the Department of Mental Health and Developmental
16 Disabilities) or the Department of Corrections.
17 (k-5) "Pharmacist" means an individual currently
18 licensed by this State to engage in the practice of pharmacy.
19 (l) "Pharmacist in charge" means the licensed pharmacist
20 whose name appears on a pharmacy license and who is
21 responsible for all aspects of the operation related to the
22 practice of pharmacy.
23 (m) "Dispense" means the delivery of drugs and medical
24 devices, in accordance with applicable State and federal laws
25 and regulations, to the patient or the patient's
26 representative authorized to receive these products,
27 including the compounding, packaging, and labeling necessary
28 for delivery, and any recommending or advising concerning the
29 contents and therapeutic values and uses thereof. "Dispense"
30 does not mean the physical delivery to a patient or a
31 patient's representative in a home or institution by a
32 designee of a pharmacist or by common carrier. "Dispense"
33 also does not mean the physical delivery of a drug or medical
34 device to a patient or patient's representative by a
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1 pharmacist's designee within a pharmacy or drugstore while
2 the pharmacist is on duty and the pharmacy is open.
3 (n) "Mail-order pharmacy" means a pharmacy that is
4 located in a state of the United States, other than Illinois,
5 that delivers, dispenses or distributes, through the United
6 States Postal Service or other common carrier, to Illinois
7 residents, any substance which requires a prescription.
8 (o) "Compounding" means the preparation, mixing,
9 assembling, packaging, or labeling of a drug or medical
10 device: (1) as the result of a practitioner's prescription
11 drug order or initiative that is dispensed pursuant to a
12 prescription in the course of professional practice; or (2)
13 for the purpose of, or incident to, research, teaching, or
14 chemical analysis; or (3) in anticipation of prescription
15 drug orders based on routine, regularly observed prescribing
16 patterns.
17 (p) "Confidential information" means information,
18 maintained by the pharmacist in the patient's records,
19 released only (i) to the patient or, as the patient directs,
20 to other practitioners and other pharmacists or (ii) to any
21 other person authorized by law to receive the information.
22 (q) "Prospective drug review" or "drug utilization
23 evaluation" means a screening for potential drug therapy
24 problems due to therapeutic duplication, drug-disease
25 contraindications, drug-drug interactions (including serious
26 interactions with nonprescription or over-the-counter drugs),
27 drug-food interactions, incorrect drug dosage or duration of
28 drug treatment, drug-allergy interactions, and clinical abuse
29 or misuse.
30 (r) "Patient counseling" means the communication between
31 a pharmacist or a student pharmacist under the direct
32 supervision of a pharmacist and a patient or the patient's
33 representative about the patient's medication or device for
34 the purpose of optimizing proper use of prescription
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1 medications or devices. The offer to counsel by the
2 pharmacist or the pharmacist's designee, and subsequent
3 patient counseling by the pharmacist or student pharmacist,
4 shall be made in a face-to-face communication with the
5 patient or patient's representative unless, in the
6 professional judgment of the pharmacist, a face-to-face
7 communication is deemed inappropriate or unnecessary. In
8 that instance, the offer to counsel or patient counseling may
9 be made in a written communication, by telephone, or in a
10 manner determined by the pharmacist to be appropriate.
11 (s) "Patient profiles" or "patient drug therapy record"
12 means the obtaining, recording, and maintenance of patient
13 prescription and personal information.
14 (t) "Pharmaceutical care" includes, but is not limited
15 to, the act of monitoring drug use and other patient care
16 services intended to achieve outcomes that improve the
17 patient's quality of life but shall not include the sale of
18 over-the-counter drugs by a seller of goods and services who
19 does not dispense prescription drugs.
20 (u) "Medical device" means an instrument, apparatus,
21 implement, machine, contrivance, implant, in vitro reagent,
22 or other similar or related article, including any component
23 part or accessory, required under federal law to bear the
24 label "Caution: Federal law requires dispensing by or on the
25 order of a physician". A seller of goods and services who,
26 only for the purpose of retail sales, compounds, sells,
27 rents, or leases medical devices shall not, by reasons
28 thereof, be required to be a licensed pharmacy.
29 (v) "Unique identifier" means an electronic signature,
30 handwritten signature or initials, thumb print, or other
31 acceptable individual biometric or electronic identification
32 process as approved by the Department.
33 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
34 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
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1 7-30-98; 90-742, eff. 8-13-98.)
2 (225 ILCS 85/10) (from Ch. 111, par. 4130)
3 (Section scheduled to be repealed on January 1, 2008)
4 Sec. 10. State Board of Pharmacy. There is created in the
5 Department the State Board of Pharmacy. It shall consist of
6 9 members, 7 of whom shall be licensed pharmacists. Each of
7 those 7 members must be a licensed pharmacist in good
8 standing in this State, a graduate of an accredited college
9 of pharmacy or hold a Bachelor of Science degree in Pharmacy
10 and have at least 5 years' practical experience in the
11 practice of pharmacy subsequent to the date of his licensure
12 as a licensed pharmacist in the State of Illinois. There
13 shall be 2 public members, who shall be voting members, who
14 shall not be licensed pharmacists in this State or any other
15 state.
16 Each member shall be appointed by the Governor.
17 The terms of all members serving as of March 31, 1999
18 shall expire on that date. The Governor shall appoint 3
19 persons to serve one-year terms, 3 persons to serve 3-year
20 terms, and 3 persons to serve 5-year terms to begin April 1,
21 1999. Otherwise, members shall be appointed to 5 year terms.
22 No member shall be eligible to serve more than 12 consecutive
23 years.
24 In making the appointment of members on the Board, the
25 Governor shall give due consideration to recommendations by
26 the members of the profession of pharmacy and by
27 pharmaceutical organizations therein. The Governor shall
28 notify the pharmaceutical organizations promptly of any
29 vacancy of members on the Board and in appointing members
30 shall give consideration to individuals engaged in all types
31 and settings of pharmacy practice.
32 The Governor may remove any member of the Board for
33 misconduct, incapacity or neglect of duty and he shall be the
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1 sole judge of the sufficiency of the cause for removal.
2 Every person appointed a member of the Board shall take
3 and subscribe the constitutional oath of office and file it
4 with the Secretary of State. Each member of the Board shall
5 be reimbursed for such actual and legitimate expenses as he
6 may incur in going to and from the place of meeting and
7 remaining thereat during sessions of the Board. In addition,
8 each member of the Board shall receive a per diem payment in
9 an amount determined from time to time by the Director for
10 attendance at meetings of the Board and conducting other
11 official business of the Board.
12 The Board shall hold quarterly meetings and an annual
13 meeting in January of each year and such other meetings at
14 such times and places and upon such notice as the Board may
15 determine and as its business may require. Five members of
16 the Board shall constitute a quorum for the transaction of
17 business. The Director shall appoint a pharmacy coordinator,
18 who shall be someone other than a member of the Board. The
19 pharmacy coordinator shall be a registered pharmacist in good
20 standing in this State, shall be a graduate of an accredited
21 college of pharmacy, or hold at a minimum a Bachelor of
22 Science degree in Pharmacy and shall have at least 5 years'
23 experience in the practice of pharmacy immediately prior to
24 his appointment. The pharmacy coordinator shall be the
25 executive administrator and the chief enforcement officer of
26 the Pharmacy Practice Act of 1987.
27 The Board shall exercise the rights, powers and duties
28 which have been vested in the Board under this Act, and any
29 other duties conferred upon the Board by law.
30 The Director shall, in conformity with the Personnel
31 Code, employ not less than 7 pharmacy investigators and 2
32 pharmacy supervisors. Each pharmacy investigator and each
33 supervisor shall be a registered pharmacist in good standing
34 in this State, and shall be a graduate of an accredited
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1 college of pharmacy and have at least 5 years of experience
2 in the practice of pharmacy. The Department shall also
3 employ at least one attorney who is a pharmacist to prosecute
4 violations of this Act and its rules. The Department may, in
5 conformity with the Personnel Code, employ such clerical and
6 other employees as are necessary to carry out the duties of
7 the Board.
8 The duly authorized pharmacy investigators of the
9 Department shall have the right to enter and inspect during
10 business hours any pharmacy or any other place in the State
11 of Illinois holding itself out to be a pharmacy where
12 medicines or drugs or drug products or proprietary medicines
13 are sold, offered for sale, exposed for sale, or kept for
14 sale. The pharmacy investigators shall be the only
15 Department investigators authorized to inspect, investigate,
16 and monitor probation compliance of pharmacists, and
17 pharmacies, and pharmacy technicians.
18 (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)
19 (225 ILCS 85/14) (from Ch. 111, par. 4134)
20 (Section scheduled to be repealed on January 1, 2008)
21 Sec. 14. Structural and equipment requirements. No person
22 shall establish or move to a new location any pharmacy unless
23 the pharmacy is licensed with the Department and has on file
24 with the Department a verified statement that:
25 (1) such pharmacy is or will be engaged in the
26 practice of pharmacy; and
27 (2) such pharmacy will have in stock and shall
28 maintain sufficient drugs or and materials as to protect
29 the public it serves within 30 days after the issuance of
30 the registration of the pharmacy.
31 Division I, II, III, IV, or V pharmacies shall be in a
32 suitable, well-lighted and well-ventilated area with at least
33 300 square feet of clean and sanitary contiguous space and
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1 shall be suitably equipped for compounding prescriptions,
2 storage of drugs and sale of drugs and to otherwise conduct
3 the practice of pharmacy. The space occupied shall be
4 equipped with a sink with hot and cold water or facilities
5 for heating water, proper sewage outlet, refrigeration
6 storage equipment, and such fixtures, facilities, drugs,
7 equipment and material, which shall include the current
8 editions of the United States Pharmacopoeia/DI, Facts and
9 Comparisons, or any other current compendium approved by the
10 Department, and other such reference works, as will enable a
11 pharmacist to practice pharmacy, including this Act and the
12 rules promulgated under this Act. Such pharmacy shall have
13 the following items: accurate weights of 0.5 gr. to 4 oz. and
14 20 mg to 100 Gm; and a prescription balance equipped with
15 balance indicator and with mechanical means of arresting the
16 oscillations of the mechanism and which balance shall be
17 sensitive to 0.5 grain (32 mg) or less or an alternative
18 weighing device as approved by the Department, and such other
19 measuring devices as may be necessary for the conduct of the
20 practice of pharmacy.
21 The provisions of this Section with regard to 300 square
22 feet of space shall apply to any pharmacy which is opened
23 after the effective date of this Act. Nothing shall require
24 a pharmacy in existence on the effective date of this Act
25 which is comprised of less than 300 square feet to provide
26 additional space to meet these requirements.
27 (Source: P.A. 90-253, eff. 7-29-97.)
28 (225 ILCS 85/15) (from Ch. 111, par. 4135)
29 (Section scheduled to be repealed on January 1, 2008)
30 Sec. 15. Pharmacy requirements. It shall be unlawful for
31 the owner of any pharmacy, as defined in this Act, to operate
32 or conduct the same, or to allow the same to be operated or
33 conducted, unless:
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1 (a) It has a licensed pharmacist, authorized to practice
2 pharmacy in this State under the provisions of this Act, on
3 duty whenever the practice of pharmacy is conducted;
4 (b) Security provisions for all drugs and devices, as
5 determined by rule of the Department, are provided during the
6 absence from the licensed pharmacy of all licensed
7 pharmacists. Maintenance of security provisions is the
8 responsibility of the licensed registered pharmacist in
9 charge; and
10 (c) The pharmacy is licensed under this Act to do
11 business.
12 The Department shall, by rule, provide requirements for
13 each division of pharmacy license and shall, as well provide
14 guidelines for the designation of a registered pharmacist in
15 charge for each division.
16 Division I. Retail Licenses for pharmacies which are
17 open to, or offer pharmacy services to, the general public.
18 Division II. Licenses for pharmacies whose primary
19 pharmacy service is provided to patients or residents of
20 facilities licensed under the Nursing Home Care Act or the
21 Hospital Licensing Act, or "An Act in relation to the
22 founding and operation of the University of Illinois Hospital
23 and the conduct of University of Illinois health care
24 programs", approved July 3, 1931, as amended, and which are
25 not located in the facilities they serve.
26 Division III. Licenses for pharmacies which are located
27 in a facility licensed under the Nursing Home Care Act or the
28 Hospital Licensing Act, or "An Act in relation to the
29 founding and operation of the University of Illinois Hospital
30 and the conduct of University of Illinois health care
31 programs", approved July 3, 1931, as amended, or a facility
32 which is operated by the Department of Human Services (as
33 successor to the Department of Mental Health and
34 Developmental Disabilities) or the Department of Corrections,
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1 and which provide pharmacy services to residents or patients
2 of the facility, as well as employees, prescribers and
3 students of the facility.
4 Division IV. Licenses for pharmacies which provide or
5 offer for sale radioactive materials.
6 Division V. Licenses for pharmacies which hold licenses
7 in Division II or Division III which also provide pharmacy
8 services to the general public, or pharmacies which are
9 located in or whose primary pharmacy service is to ambulatory
10 care facilities or schools of veterinary medicine or other
11 such institution or facility.
12 The Director may waive the requirement for a pharmacist
13 to be on duty at all times for State facilities not treating
14 human ailments.
15 It shall be unlawful for any person, who is not a
16 licensed pharmacy or health care facility, to purport to be
17 such or to use in name, title, or sign designating, or in
18 connection with that place of business, any of the words:
19 "pharmacy", "pharmacist", "pharmacy department",
20 "apothecary", "druggist", "drug", "drugs", "medicines",
21 "medicine store", "drug sundries", "prescriptions filled", or
22 any list of words indicating that drugs are compounded or
23 sold to the lay public, or prescriptions are dispensed
24 therein. Each day during which, or a part which, such
25 representation is made or appears or such a sign is allowed
26 to remain upon or in such a place of business shall
27 constitute a separate offense under this Act.
28 The holder of any license or certificate of registration
29 shall conspicuously display it in the pharmacy in which he is
30 engaged in the practice of pharmacy. The registered
31 pharmacist in charge shall conspicuously display his name in
32 such pharmacy. The pharmacy license shall also be
33 conspicuously displayed.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.)
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1 (225 ILCS 85/17.1 new)
2 (Section scheduled to be repealed on January 1, 2008)
3 Sec. 17.1. Pharmacy technician training.
4 (a) Beginning January 1, 2004, it shall be the joint
5 responsibility of a pharmacy and its pharmacist in charge to
6 have trained all of its pharmacy technicians or obtain proof
7 of prior training in all of the following topics as they
8 relate to the practice site:
9 (1) The duties and responsibilities of the
10 technicians and pharmacists.
11 (2) Tasks and technical skills, policies, and
12 procedures.
13 (3) Compounding, packaging, labeling, and storage.
14 (4) Pharmaceutical and medical terminology.
15 (5) Record keeping requirements.
16 (6) The ability to perform and apply arithmetic
17 calculations.
18 (b) Within 6 months after initial employment or changing
19 the duties and responsibilities of a pharmacy technician, it
20 shall be the joint responsibility of the pharmacy and the
21 pharmacist in charge to train the pharmacy technician or
22 obtain proof of prior training in the areas listed in
23 subsection (a) of this Section as they relate to the practice
24 site.
25 (c) All divisions of pharmacies shall maintain an
26 up-to-date training program describing the duties and
27 responsibilities of a pharmacy technician.
28 (d) All divisions of pharmacies shall create and
29 maintain retrievable records of training or proof of training
30 as required in this Section.
31 (225 ILCS 85/18) (from Ch. 111, par. 4138)
32 (Section scheduled to be repealed on January 1, 2008)
33 Sec. 18. Record retention. There shall be kept in every
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1 drugstore or pharmacy a suitable book, file, or electronic
2 record keeping system in which shall be preserved for a
3 period of not less than 5 years the original of every written
4 prescription and the original transcript or copy of every
5 verbal prescription filled, compounded, or dispensed, in such
6 pharmacy; and such book or file of prescriptions shall at all
7 reasonable times be open to inspection to the pharmacy
8 coordinator and the duly authorized agents or employees of
9 the Department.
10 Every prescription filled or refilled shall contain the
11 unique identifier of the person authorized to practice
12 pharmacy under the provision of this Act who fills or refills
13 the prescription.
14 Records kept pursuant to this Section may be maintained
15 in an alternative data retention system, such as a direct
16 digital imaging system, provided that:
17 (1) the records maintained in the alternative data
18 retention system contain all of the information required
19 in a manual record;
20 (2) the data processing system is capable of
21 producing a hard copy of the electronic record on the
22 request of the Board, its representative, or other
23 authorized local, State, or federal law enforcement or
24 regulatory agency; and
25 (3) the digital images are recorded and stored only
26 by means of a technology that does not allow subsequent
27 revision or replacement of the images.
28 As used in this Section, "digital imaging system" means a
29 system, including people, machines, methods of organization,
30 and procedures, that provides input, storage, processing,
31 communications, output, and control functions for digitized
32 representations of original prescription records.
33 Inpatient drug orders may be maintained within an
34 institution in a manner approved by the Department.
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1 (Source: P.A. 90-253, eff. 7-29-97.)
2 (225 ILCS 85/19) (from Ch. 111, par. 4139)
3 (Section scheduled to be repealed on January 1, 2008)
4 Sec. 19. Nothing contained in this Act shall be
5 construed to prohibit a pharmacist licensed in this State
6 from filling or refilling a valid prescription for
7 prescription drugs which is on file in a pharmacy licensed in
8 any state and has been transferred from one pharmacy to
9 another by any means, including by way of electronic data
10 processing equipment upon the following conditions and
11 exceptions:
12 (1) Prior to dispensing pursuant to any such
13 prescription, the dispensing pharmacist shall:
14 (a) Advise the patient that the prescription on
15 file at such other pharmacy must be canceled before he
16 will be able to fill or refill it.
17 (b) Determine that the prescription is valid and on
18 file at such other pharmacy and that such prescription
19 may be filled or refilled, as requested, in accordance
20 with the prescriber's intent expressed on such
21 prescription.
22 (c) Notify the pharmacy where the prescription is
23 on file that the prescription must be canceled.
24 (d) Record in writing the prescription order, the
25 name of the pharmacy at which the prescription was on
26 file, the prescription number, the name of the drug and
27 the original amount dispensed, the date of original
28 dispensing, and the number of remaining authorized
29 refills.
30 (e) Obtain the consent of the prescriber to the
31 refilling of the prescription when the prescription, in
32 the professional judgment of the dispensing pharmacist,
33 so requires. Any interference with the professional
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1 judgment of the dispensing pharmacist by any other
2 registered pharmacist, his agents, or employees shall be
3 grounds for revocation or suspension of the permit issued
4 to the pharmacy.
5 (2) Upon receipt of a request for prescription
6 information set forth in subparagraph (d) of paragraph (1) of
7 this Section, if the requested pharmacist is satisfied in his
8 professional judgment that such request is valid and legal,
9 the requested pharmacist shall:
10 (a) Provide such information accurately and
11 completely.
12 (b) Record on the face of the prescription the name
13 of the requesting pharmacy and pharmacist and the date of
14 request.
15 (c) Cancel the prescription on file by writing the
16 word "void" on its face. No further prescription
17 information shall be given or medication dispensed
18 pursuant to such original prescription.
19 (3) In the event that, after the information set forth
20 in subparagraph (d) of paragraph (1) of this Section has been
21 provided, a prescription is not dispensed by the requesting
22 pharmacist, then such pharmacist shall provide notice of this
23 fact to the pharmacy from which such information was
24 obtained; such notice shall then cancel the prescription in
25 the same manner as set forth in subparagraph (c) of paragraph
26 (2) of this Section.
27 (4) When filling or refilling a valid prescription on
28 file in another state, the dispensing pharmacist shall be
29 required to follow all the requirements of Illinois law which
30 apply to the dispensing of prescription drugs. If anything
31 in Illinois law prevents the filling or refilling of the
32 original prescription it shall be unlawful to dispense
33 pursuant to this Section.
34 (5) Prescriptions for drugs in Schedules III, IV, and V
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1 of the Illinois Controlled Substances Act may be transferred
2 only once and may not be further transferred.
3 (Source: P.A. 88-428.)
4 (225 ILCS 85/22) (from Ch. 111, par. 4142)
5 (Section scheduled to be repealed on January 1, 2008)
6 Sec. 22. Except only in the case of a drug, medicine or
7 poison which is lawfully sold or dispensed, at retail, in the
8 original and unbroken package of the manufacturer, packer, or
9 distributor thereof, and which package bears the original
10 label thereon showing the name and address of the
11 manufacturer, packer, or distributor thereof, and the name of
12 the drug, medicine, or poison therein contained, and the
13 directions for its use, no person shall sell or dispense, at
14 retail, any drug, medicine, or poison, without affixing to
15 the box, bottle, vessel, or package containing the same, a
16 label bearing the name of the article distinctly shown, and
17 the directions for its use, with the name and address of the
18 pharmacy wherein the same is sold or dispensed. However, in
19 the case of a drug, medicine, or poison which is sold or
20 dispensed pursuant to a prescription of a physician licensed
21 to practice medicine in all of its branches, licensed
22 dentist, licensed veterinarian, licensed podiatrist, or
23 therapeutically or diagnostically certified optometrist
24 authorized by law to prescribe drugs or medicines or poisons,
25 the label affixed to the box, bottle, vessel, or package
26 containing the same shall show: (a) the name and address of
27 the pharmacy wherein the same is sold or dispensed; (b) the
28 name or initials of the person, authorized to practice
29 pharmacy under the provisions of this Act, selling or
30 dispensing the same, (c) the date on which such prescription
31 was filled; (d) the name of the patient; (e) the serial
32 number of such prescription as filed in the prescription
33 files; (f) the last name of the practitioner who prescribed
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1 such prescriptions; (g) the directions for use thereof as
2 contained in such prescription; and (h) the proprietary name
3 or names or the established name or names of the drugs, the
4 dosage and quantity, except as otherwise authorized by
5 regulation of the Department. Any person who sells or
6 dispenses any drug, medicine or poison shall sell or dispense
7 such drug, medicine or poison in good faith. "Good faith",
8 for purposes of this Section, has the meaning ascribed to it
9 in subsection (u) of Section 102 of the "Illinois Controlled
10 Substances Act", approved August 16, 1971, as amended. The
11 Department shall establish rules governing labeling in
12 Division II and Division III pharmacies.
13 (Source: P.A. 90-253, eff. 7-29-97.)
14 (225 ILCS 85/27) (from Ch. 111, par. 4147)
15 (Section scheduled to be repealed on January 1, 2008)
16 Sec. 27. Fees. The following fees are not refundable.
17 (A) Certificate of pharmacy technician.
18 (1) The fee for application for a certificate of
19 registration as a pharmacy technician is $40.
20 (2) The fee for the renewal of a certificate of
21 registration as a pharmacy technician shall be calculated
22 at the rate of $25 per year.
23 (B) License as a pharmacist.
24 (1) The fee for application for a license is $75.
25 (2) In addition, applicants for any examination as
26 a registered pharmacist shall be required to pay, either
27 to the Department or to the designated testing service, a
28 fee covering the cost of determining an applicant's
29 eligibility and providing the examination. Failure to
30 appear for the examination on the scheduled date, at the
31 time and place specified, after the applicant's
32 application for examination has been received and
33 acknowledged by the Department or the designated testing
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1 service, shall result in the forfeiture of the
2 examination fee.
3 (3) The fee for a license as a registered
4 pharmacist registered or licensed under the laws of
5 another state or territory of the United States is $200.
6 (4) The fee upon the renewal of a license shall be
7 calculated at the rate of $75 per year.
8 (5) The fee for the restoration of a certificate
9 other than from inactive status is $10 plus all lapsed
10 renewal fees.
11 (6) Applicants for the preliminary diagnostic
12 examination shall be required to pay, either to the
13 Department or to the designated testing service, a fee
14 covering the cost of determining an applicant's
15 eligibility and providing the examination. Failure to
16 appear for the examination on the scheduled date, at the
17 time and place specified, after the application for
18 examination has been received and acknowledged by the
19 Department or the designated testing service, shall
20 result in the forfeiture of the examination fee.
21 (7) The fee to have the scoring of an examination
22 authorized by the Department reviewed and verified is $20
23 plus any fee charged by the applicable testing service.
24 (C) License as a pharmacy.
25 (1) The fee for application for a license for a
26 pharmacy under this Act is $100.
27 (2) The fee for the renewal of a license for a
28 pharmacy under this Act shall be calculated at the rate
29 of $100 per year.
30 (3) The fee for the change of a
31 pharmacist-in-charge is $25.
32 (D) General Fees.
33 (1) The fee for the issuance of a duplicate
34 license, for the issuance of a replacement license for a
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1 license that has been lost or destroyed or for the
2 issuance of a license with a change of name or address
3 other than during the renewal period is $20. No fee is
4 required for name and address changes on Department
5 records when no duplicate certification is issued.
6 (2) The fee for a certification of a registrant's
7 record for any purpose is $20.
8 (3) The fee to have the scoring of an examination
9 administered by the Department reviewed and verified is
10 $20.
11 (4) The fee for a wall certificate showing
12 licensure or registration shall be the actual cost of
13 producing the certificate.
14 (5) The fee for a roster of persons registered as
15 pharmacists or registered pharmacies in this State shall
16 be the actual cost of producing the roster.
17 (6) The fee for pharmacy licensing, disciplinary or
18 investigative records obtained pursuant to a subpoena is
19 $1 per page.
20 (E) Except as provided in subsection (F), all moneys
21 received by the Department under this Act shall be deposited
22 in the Illinois State Pharmacy Disciplinary Fund hereby
23 created in the State Treasury and shall be used only for the
24 following purposes: (a) by the State Board of Pharmacy in the
25 exercise of its powers and performance of its duties, as such
26 use is made by the Department upon the recommendations of the
27 State Board of Pharmacy, (b) for costs directly related to
28 license renewal of persons licensed under this Act, and (c)
29 for direct and allocable indirect costs related to the public
30 purposes of the Department of Professional Regulation.
31 Moneys in the Fund may be transferred to the Professions
32 Indirect Cost Fund as authorized under Section 2105-300 of
33 the Department of Professional Regulation Law (20 ILCS
34 2105/2105-300).
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1 The moneys deposited in the Illinois State Pharmacy
2 Disciplinary Fund shall be invested to earn interest which
3 shall accrue to the Fund. The Department shall present to the
4 Board for its review and comment all appropriation requests
5 from the Illinois State Pharmacy Disciplinary Fund. The
6 Department shall give due consideration to any comments of
7 the Board in making appropriation requests.
8 (F) From the money received for license renewal fees, $5
9 from each pharmacist fee, and $2.50 from each pharmacy
10 technician fee, shall be set aside within the Illinois State
11 Pharmacy Disciplinary Fund for the purpose of supporting a
12 substance abuse program for pharmacists and pharmacy
13 technicians. The State Board of Pharmacy shall, pursuant to
14 all provisions of the Illinois Procurement Code, determine
15 how and to whom the money set aside under this subsection is
16 disbursed.
17 (G) (Blank).
18 (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
19 (225 ILCS 85/30) (from Ch. 111, par. 4150)
20 (Section scheduled to be repealed on January 1, 2008)
21 Sec. 30. (a) In accordance with Section 11 of this Act,
22 the Department may refuse to issue, restore, or renew, or may
23 revoke, suspend, place on probation, reprimand or take other
24 disciplinary action as the Department may deem proper with
25 regard to any license or certificate of registration for any
26 one or combination of the following causes:
27 1. Material misstatement in furnishing information
28 to the Department.
29 2. Violations of this Act, or the rules promulgated
30 hereunder.
31 3. Making any misrepresentation for the purpose of
32 obtaining licenses.
33 4. A pattern of conduct which demonstrates
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1 incompetence or unfitness to practice.
2 5. Aiding or assisting another person in violating
3 any provision of this Act or rules.
4 6. Failing, within 60 days, to respond to a written
5 request made by the Department for information.
6 7. Engaging in dishonorable, unethical or
7 unprofessional conduct of a character likely to deceive,
8 defraud or harm the public.
9 8. Discipline by another U.S. jurisdiction or
10 foreign nation, if at least one of the grounds for the
11 discipline is the same or substantially equivalent to
12 those set forth herein.
13 9. Directly or indirectly giving to or receiving
14 from any person, firm, corporation, partnership or
15 association any fee, commission, rebate or other form of
16 compensation for any professional services not actually
17 or personally rendered.
18 10. A finding by the Department that the licensee,
19 after having his license placed on probationary status
20 has violated the terms of probation.
21 11. Selling or engaging in the sale of drug samples
22 provided at no cost by drug manufacturers.
23 12. Physical illness, including but not limited to,
24 deterioration through the aging process, or loss of motor
25 skill which results in the inability to practice the
26 profession with reasonable judgment, skill or safety.
27 13. A finding that licensure or registration has
28 been applied for or obtained by fraudulent means.
29 14. The applicant, or licensee has been convicted
30 in state or federal court of any crime which is a felony
31 or any misdemeanor related to the practice of pharmacy,
32 of which an essential element is dishonesty.
33 15. Habitual or excessive use or addiction to
34 alcohol, narcotics, stimulants or any other chemical
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1 agent or drug which results in the inability to practice
2 with reasonable judgment, skill or safety.
3 16. Willfully making or filing false records or
4 reports in the practice of pharmacy, including, but not
5 limited to false records to support claims against the
6 medical assistance program of the Department of Public
7 Aid under the Public Aid Code.
8 17. Gross and willful overcharging for professional
9 services including filing false statements for collection
10 of fees for which services are not rendered, including,
11 but not limited to, filing false statements for
12 collection of monies for services not rendered from the
13 medical assistance program of the Department of Public
14 Aid under the Public Aid Code.
15 18. Repetitiously dispensing prescription drugs
16 without receiving a written or oral prescription.
17 19. Upon a finding of a substantial discrepancy in
18 a Department audit of a prescription drug, including
19 controlled substances, as that term is defined in this
20 Act or in the Illinois Controlled Substances Act.
21 20. Physical illness which results in the inability
22 to practice with reasonable judgment, skill or safety, or
23 mental incompetency as declared by a court of competent
24 jurisdiction.
25 21. Violation of the Health Care Worker
26 Self-Referral Act.
27 22. Failing to sell or dispense any drug, medicine,
28 or poison in good faith. "Good faith", for the purposes
29 of this Section, has the meaning ascribed to it in
30 subsection (u) of Section 102 of the Illinois Controlled
31 Substances Act.
32 23. Interfering with the professional judgment of a
33 pharmacist by any registrant under this Act, or his or
34 her agents or employees.
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1 (b) The Department may refuse to issue or may suspend
2 the license or registration of any person who fails to file a
3 return, or to pay the tax, penalty or interest shown in a
4 filed return, or to pay any final assessment of tax, penalty
5 or interest, as required by any tax Act administered by the
6 Illinois Department of Revenue, until such time as the
7 requirements of any such tax Act are satisfied.
8 (c) The Department shall revoke the license or
9 certificate of registration issued under the provisions of
10 this Act or any prior Act of this State of any person who has
11 been convicted a second time of committing any felony under
12 the Illinois Controlled Substances Act, or who has been
13 convicted a second time of committing a Class 1 felony under
14 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
15 person whose license or certificate of registration issued
16 under the provisions of this Act or any prior Act of this
17 State is revoked under this subsection (c) shall be
18 prohibited from engaging in the practice of pharmacy in this
19 State.
20 (d) In any order issued in resolution of a disciplinary
21 proceeding, the Board may request any licensee found guilty
22 of a charge involving a significant violation of subsection
23 (a) of Section 5, or paragraph 19 of Section 30 as it
24 pertains to controlled substances, to pay to the Department a
25 fine not to exceed $2,000.
26 (e) In any order issued in resolution of a disciplinary
27 proceeding, in addition to any other disciplinary action, the
28 Board may request any licensee found guilty of noncompliance
29 with the continuing education requirements of Section 12 to
30 pay the Department a fine not to exceed $1000.
31 (f) The Department shall issue quarterly to the Board a
32 status of all complaints related to the profession received
33 by the Department.
34 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)".