Public Act 102-1051
 
HB4430 EnrolledLRB102 22176 SPS 31305 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Clinical Laboratory and Blood Bank 
Act is amended by changing Sections 7-101 and  7-102 as 
follows:
 


    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)


    Sec. 7-101. Examination of specimens. A clinical 
laboratory shall examine
specimens only at the request of (i) 
a licensed physician, (ii) a
licensed dentist, (iii) a 
licensed podiatric physician, (iv) a licensed
optometrist,
 (v) 
a licensed
physician assistant,
(v-A) a licensed advanced 
practice registered nurse,

(vi) an authorized law enforcement 
agency or, in the case of blood
alcohol, at the request of the 
individual for whom the test is to be performed
in compliance 
with Sections 11-501 and 11-501.1 of the Illinois Vehicle 
Code, or (vii) a genetic counselor with the specific authority 
from a referral to order a test or tests pursuant to subsection 
(b) of Section 20 of the Genetic Counselor Licensing Act, or 
(viii) a pharmacist in accordance with Section 43.5 of the 
Pharmacy Practice Act.
If the request to a laboratory is oral, 
the physician or other authorized
person shall submit a 
written request to the laboratory within 48 hours.  If
the 
laboratory does not receive the written request within that 
period, it
shall note that fact in its records.  For purposes of 
this Section, a request
made by electronic mail or fax 
constitutes a written request.

(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)

 


    (210 ILCS 25/7-102)  (from Ch. 111 1/2, par. 627-102)




    Sec. 7-102. Reports of test results.  
    (a) Clinical laboratory test results may be reported or 
transmitted to:
        (1) the licensed physician or other authorized person 
    who requested the test, their designee, or both;
        (2) any health care provider who is providing 
    treatment to the patient;
        (3) an electronic health information exchange for the 
    purposes of transmitting, using, or disclosing clinical 
    laboratory test results in any manner required or 
    permitted by HIPAA; and .

        (4)    a pharmacist in accordance with Section 43.5 of 
    the Pharmacy Practice Act. 
    (b) No interpretation, diagnosis, or prognosis or 
suggested treatment shall appear
on the laboratory report 
form, except that a report made by a physician licensed
to 
practice medicine in Illinois, a dentist licensed in Illinois, 
or an optometrist licensed in Illinois may
include such 
information.
    (c) Nothing in this Act prohibits the sharing of 
information as authorized in Section 2.1 of the Department of 
Public Health Act.


(Source: P.A. 98-185, eff. 1-1-14; 98-1046, eff. 1-1-15.)

 
    Section 10. The Illinois Insurance Code is amended by 
adding Section 356z.45 as follows:
 
 

    (215 ILCS 5/356z.45)

 
    Sec. 356z.45 356z.43. Coverage for patient care services 
provided by a pharmacist. A group or individual policy of 
accident and health insurance or a managed care plan that is 
amended, delivered, issued, or renewed on or after January 1, 
2023 shall provide coverage for health care or patient care 
services provided by a pharmacist if:
        (1)   the pharmacist meets the requirements and scope of 
    practice as set forth in Section 43 or Section 43.5 of the 
    Pharmacy Practice Act;
        (2)   the health plan provides coverage for the same 
    service provided by a licensed physician, an advanced 
    practice registered nurse, or a physician assistant;
        (3)   the pharmacist is included in the health benefit 
    plan's network of participating providers; and
        (4)   a reimbursement has been successfully negotiated 
    in good faith between the pharmacist and the health plan. 

(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
  
 
    Section 15. The Pharmacy Practice Act is amended  by 
changing Sections 3 and 9  and by adding Section 43.5 as 
follows:
 

    (225 ILCS 85/3)

  
    (Section scheduled to be repealed on January 1, 2023)

    Sec. 3. Definitions. For the purpose of this Act, except 
where otherwise
limited therein:

    (a) "Pharmacy" or "drugstore" means and includes every 
store, shop,
pharmacy department, or other place where 
pharmacist
 care is
provided
by a pharmacist (1) where drugs, 
medicines, or poisons are
dispensed, sold or
offered for sale 
at retail, or displayed for sale at retail; or
(2)
where

prescriptions of physicians, dentists, advanced practice 
registered nurses, physician assistants, veterinarians, 
podiatric physicians, or
 optometrists, within the limits of 
their
licenses, are
compounded, filled, or dispensed; or (3) 
which has upon it or
displayed within
it, or affixed to or used 
in connection with it, a sign bearing the word or
words 
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", 
"Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", 
"Drugs", "Dispensary", "Medicines", or any word
or words of 
similar or like import, either in the English language
or any 
other language; or (4) where the characteristic prescription

sign (Rx) or similar design is exhibited; or (5) any store, or

shop,
or other place with respect to which any of the above 
words, objects,
signs or designs are used in any 
advertisement.

    (b) "Drugs" means and includes (1) articles recognized
in 
the official United States Pharmacopoeia/National Formulary 
(USP/NF),
or any supplement thereto and being intended for and 
having for their
main use the diagnosis, cure, mitigation, 
treatment or prevention of
disease in man or other animals, as 
approved by the United States Food and
Drug Administration, 
but does not include devices or their components, parts,
or 
accessories; and (2) all other articles intended
for and 
having for their main use the diagnosis, cure, mitigation,

treatment or prevention of disease in man or other animals, as 
approved
by the United States Food and Drug Administration, 
but does not include
devices or their components, parts, or 
accessories; and (3) articles
(other than food) having for 
their main use and intended
to affect the structure or any 
function of the body of man or other
animals; and (4) articles 
having for their main use and intended
for use as a component 
or any articles specified in clause (1), (2)
or (3); but does 
not include devices or their components, parts or
accessories.

    (c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and 
Drug
Administration.

    (d) "Practice of pharmacy" means:
        (1) the interpretation and the provision of assistance 
    in the monitoring, evaluation, and implementation of 
    prescription drug orders; 
        (2) the dispensing of prescription drug orders; 
        (3) participation in drug and device selection; 
        (4) drug administration limited to the administration 
    of oral, topical, injectable, and inhalation as follows:  
            (A) in the context of patient education on the 
        proper use or delivery of medications; 
            (B) vaccination of patients 7 years of age and 
        older pursuant to a valid prescription or standing 
        order, by a physician licensed to practice medicine in 
        all its branches, upon completion of appropriate 
        training, including how to address contraindications 
        and adverse reactions set forth by rule, with 
        notification to the patient's physician and 
        appropriate record retention, or pursuant to hospital 
        pharmacy and therapeutics committee policies and 
        procedures. Eligible vaccines are those listed on the 
        U.S. Centers for Disease Control and Prevention (CDC) 
        Recommended Immunization Schedule, the CDC's Health 
        Information for International Travel, or the U.S. Food 
        and Drug Administration's Vaccines Licensed and 
        Authorized for Use in the United States. As applicable 
        to the State's Medicaid program and other payers, 
        vaccines ordered and administered in accordance with 
        this subsection shall be covered and reimbursed at no 
        less than the rate that the vaccine is reimbursed when 
        ordered and administered by a physician; 
            (B-5) following the initial administration of 
        long-acting or extended-release form opioid 
        antagonists by a physician licensed to practice 
        medicine in all its branches, administration of 
        injections of long-acting or extended-release form 
        opioid antagonists for the treatment of substance use 
        disorder, pursuant to a valid prescription by a 
        physician licensed to practice medicine in all its 
        branches, upon completion of appropriate training, 
        including how to address contraindications and adverse 
        reactions, including, but not limited to, respiratory 
        depression and the performance of cardiopulmonary 
        resuscitation, set forth by rule, with notification to 
        the patient's physician and appropriate record 
        retention, or pursuant to hospital pharmacy and 
        therapeutics committee policies and procedures; 
            (C) administration of injections of 
        alpha-hydroxyprogesterone caproate, pursuant to a 
        valid prescription, by a physician licensed to 
        practice medicine in all its branches, upon completion 
        of appropriate training, including how to address 
        contraindications and adverse reactions set forth by 
        rule, with notification to the patient's physician and 
        appropriate record retention, or pursuant to hospital 
        pharmacy and therapeutics committee policies and 
        procedures; and 
            (D) administration of injections of long-term 
        antipsychotic medications pursuant to a valid 
        prescription by a physician licensed to practice 
        medicine in all its branches, upon completion of 
        appropriate training conducted by an Accreditation 
        Council of Pharmaceutical Education accredited 
        provider, including how to address contraindications 
        and adverse reactions set forth by rule, with 
        notification to the patient's physician and 
        appropriate record retention, or pursuant to hospital 
        pharmacy and therapeutics committee policies and 
        procedures. 
        (5) (blank); 
        (6) drug regimen review; 
        (7) drug or drug-related research; 
        (8) the provision of patient counseling; 
        (9) the practice of telepharmacy; 
        (10) the provision of those acts or services necessary 
    to provide pharmacist care; 
        (11) medication therapy management;
        (12) the responsibility for compounding and labeling 
    of drugs and devices (except labeling by a manufacturer, 
    repackager, or distributor of non-prescription drugs and 
    commercially packaged legend drugs and devices), proper 
    and safe storage of drugs and devices, and maintenance of 
    required records; and 
        (13) the assessment and consultation of patients and 
    dispensing of hormonal contraceptives; and . 
        (14)      the initiation, dispensing, or administration of

    drugs, laboratory tests, assessments, referrals, and

    consultations for human immunodeficiency virus 
    pre-exposure prophylaxis and human immunodeficiency virus

    post-exposure prophylaxis under Section 43.5.
    A pharmacist  who performs any of the acts defined as the 
practice of pharmacy in this State must be actively licensed 
as a pharmacist under this Act.


    (e) "Prescription" means and includes any written, oral, 
facsimile, or
electronically transmitted order for drugs
or 
medical devices, issued by a physician licensed to practice 
medicine in
all its branches, dentist, veterinarian, podiatric 
physician,  or
optometrist, within the
limits of his or her 
license, by a physician assistant in accordance with

subsection (f) of Section 4, or by an advanced practice 
registered nurse in
accordance with subsection (g) of Section 
4, containing the
following: (1) name
of the patient; (2) date 
when prescription was issued; (3) name
and strength of drug or 
description of the medical device prescribed;
and (4) 
quantity; (5) directions for use; (6) prescriber's name,

address,
and signature; and (7) DEA registration number where 
required, for controlled
substances.
The prescription may, but 
is not required to, list the illness, disease, or condition 
for which the drug or device is being prescribed. DEA 
registration numbers shall not be required on inpatient drug 
orders. A prescription for medication other than controlled 
substances shall be valid for up to 15 months from the date 
issued for the purpose of refills, unless the prescription 
states otherwise. 

    (f) "Person" means and includes a natural person, 
partnership,
association, corporation, government entity, or 
any other legal
entity.

    (g) "Department" means the  Department of Financial and

Professional Regulation.

    (h) "Board of Pharmacy" or "Board" means the State Board

of Pharmacy of the Department of Financial and Professional 
Regulation.

    (i) "Secretary"
means the Secretary
 of Financial and 
Professional Regulation.

    (j) "Drug product selection" means the interchange for a

prescribed pharmaceutical product in accordance with Section 
25 of
this Act and Section 3.14 of the Illinois Food, Drug and 
Cosmetic Act.

    (k) "Inpatient drug order" means an order issued by an 
authorized
prescriber for a resident or patient of a facility 
licensed under the
Nursing Home Care Act, the ID/DD Community 
Care Act, the MC/DD Act, the Specialized Mental Health 
Rehabilitation Act of 2013, the Hospital Licensing Act, or the 
University of Illinois Hospital Act, or a facility which is 
operated by the Department of Human
Services (as successor to 
the Department of Mental Health
and Developmental 
Disabilities) or the Department of Corrections.

    (k-5) "Pharmacist" means an individual health care 
professional and
provider currently licensed by this State to 
engage in the practice of
pharmacy.

    (l) "Pharmacist in charge" means the licensed pharmacist 
whose name appears
on a pharmacy license and who is 
responsible for all aspects of the
operation related to the 
practice of pharmacy.

    (m) "Dispense" or "dispensing" means the interpretation, 
evaluation, and implementation of a prescription drug order, 
including the preparation and delivery of a drug or device to a 
patient or patient's agent in a suitable container 
appropriately labeled for subsequent administration to or use 
by a patient in accordance with applicable State and federal 
laws and regulations.
  "Dispense" or "dispensing" does not mean 
the physical delivery to a patient or a
patient's 
representative in a home or institution by a designee of a 
pharmacist
or by common carrier.  "Dispense" or "dispensing" 
also does not mean the physical delivery
of a drug or medical 
device to a patient or patient's representative by a

pharmacist's designee within a pharmacy or drugstore while the 
pharmacist is
on duty and the pharmacy is open.

    (n) "Nonresident pharmacy"
means a pharmacy that is 
located in a state, commonwealth, or territory
of the United 
States, other than Illinois, that delivers, dispenses, or

distributes, through the United States Postal Service, 
commercially acceptable parcel delivery service, or other 
common
carrier, to Illinois residents, any substance which 
requires a prescription.

    (o) "Compounding" means the preparation and mixing of 
components, excluding flavorings, (1) as the result of a 
prescriber's prescription drug order or initiative based on 
the prescriber-patient-pharmacist relationship in the course 
of professional practice or (2) for the purpose of, or 
incident to, research, teaching, or chemical analysis and not 
for sale or dispensing. "Compounding" includes the preparation 
of drugs or devices in anticipation of receiving prescription 
drug orders based on routine, regularly observed dispensing 
patterns. Commercially available products may be compounded 
for dispensing to individual patients only if all of the 
following conditions are met:  (i) the commercial product is 
not reasonably available from normal distribution channels in 
a timely manner to meet the patient's needs and (ii) the 
prescribing practitioner has requested that the drug be 
compounded.

    (p) (Blank).


    (q) (Blank).


    (r) "Patient counseling" means the communication between a 
pharmacist or a student pharmacist under the supervision of a 
pharmacist and a patient or the patient's representative about 
the patient's medication or device for the purpose of 
optimizing proper use of prescription medications or devices.  
"Patient counseling" may include without limitation (1) 
obtaining a medication history; (2) acquiring a patient's 
allergies and health conditions; (3) facilitation of the 
patient's understanding of  the intended  use of the medication; 
(4) proper directions for use; (5) significant potential 
adverse events; (6) potential food-drug interactions;  and (7) 
the need to be compliant with the medication therapy.  A 
pharmacy technician may only participate in the following 
aspects of patient counseling under the  supervision of a 
pharmacist: (1) obtaining medication history; (2) providing 
the offer for counseling by a pharmacist or student 
pharmacist;  and (3) acquiring a patient's allergies and health 
conditions.


    (s) "Patient profiles" or "patient drug therapy record" 
means the
obtaining, recording, and maintenance of patient 
prescription
information, including prescriptions for 
controlled substances, and
personal information.

    (t) (Blank).


    (u) "Medical device" or "device"  means an instrument, 
apparatus, implement, machine,
contrivance, implant, in vitro 
reagent, or other similar or related article,
including any 
component part or accessory, required under federal law to

bear the label "Caution: Federal law requires dispensing by or 
on the order
of a physician". A seller of goods and services 
who, only for the purpose of
retail sales, compounds, sells, 
rents, or leases medical devices shall not,
by reasons 
thereof, be required to be a licensed pharmacy.

    (v) "Unique identifier" means an electronic signature, 
handwritten
signature or initials, thumb print, or other 
acceptable biometric
or electronic identification process as 
approved by the Department.

    (w) "Current usual and customary retail price" means the 
price that a pharmacy charges to a non-third-party payor.


    (x) "Automated pharmacy system" means a mechanical system 
located within the confines of the pharmacy or remote location 
that performs operations or activities, other than compounding 
or administration, relative to storage, packaging, dispensing, 
or distribution of medication, and which collects, controls, 
and maintains all transaction information.
    (y) "Drug regimen review" means and includes the 
evaluation of prescription drug orders and patient records for 
(1)
known allergies; (2) drug or potential therapy 
contraindications;
(3) reasonable dose, duration of use, and 
route of administration, taking into consideration factors 
such as age, gender, and contraindications; (4) reasonable 
directions for use; (5) potential or actual adverse drug 
reactions; (6) drug-drug interactions; (7) drug-food 
interactions; (8) drug-disease contraindications; (9) 
therapeutic duplication; (10) patient laboratory values when 
authorized and available; (11) proper utilization (including 
over or under utilization) and optimum therapeutic outcomes; 
and (12) abuse and misuse.

    (z) "Electronically transmitted prescription" means a 
prescription that is created, recorded, or stored by 
electronic means; issued and validated with an electronic 
signature; and transmitted by electronic means directly from 
the prescriber to a pharmacy. An electronic prescription is 
not an image of a physical prescription that is transferred by 
electronic means from computer to computer, facsimile to 
facsimile, or facsimile to computer.

    (aa) "Medication therapy management services" means a 
distinct service or group of services offered by licensed 
pharmacists, physicians licensed to practice medicine in all 
its branches, advanced practice registered nurses authorized 
in a written agreement with a physician licensed to practice 
medicine in all its branches, or physician assistants 
authorized in guidelines by a supervising physician that 
optimize therapeutic outcomes for individual patients through 
improved medication use. In a retail or other non-hospital 
pharmacy, medication therapy management services shall consist 
of the evaluation of prescription drug orders and patient 
medication records to resolve conflicts with the following:
        (1) known allergies;
        (2) drug or potential  therapy contraindications;
        (3) reasonable dose, duration of use, and route of 
    administration, taking into consideration factors such as 
    age, gender, and contraindications;
        (4) reasonable directions for use;
        (5) potential or actual adverse drug reactions;
        (6) drug-drug interactions;
        (7) drug-food interactions;
        (8) drug-disease contraindications;
        (9) identification of therapeutic duplication;
        (10) patient laboratory values when authorized and 
    available;
        (11) proper utilization (including over or under 
    utilization) and optimum therapeutic outcomes; and
        (12) drug abuse and misuse.
    "Medication therapy management services" includes the 
following:
        (1) documenting the services delivered and 
    communicating the information provided to patients' 
    prescribers  within an appropriate time frame, not to 
    exceed 48 hours;
        (2) providing patient counseling designed to enhance a 
    patient's understanding and the appropriate use of his or 
    her medications; and
        (3) providing information, support services, and 
    resources designed to enhance a patient's adherence with 
    his or her prescribed therapeutic regimens.
    "Medication therapy management services" may also include 
patient care functions authorized by a physician licensed to 
practice medicine in all its branches for his or her 
identified patient or groups of patients under specified 
conditions or limitations in a standing order from the 
physician.
    "Medication therapy management services" in a licensed 
hospital  may also include the following:
        (1) reviewing assessments of the patient's health 
    status; and
        (2) following protocols of a hospital pharmacy and 
    therapeutics committee with respect to the fulfillment of 
    medication orders.

    (bb) "Pharmacist care" means the provision by a pharmacist 
of medication therapy management services, with or without the 
dispensing of drugs or devices, intended to achieve outcomes 
that improve patient health, quality of life, and comfort and 
enhance patient safety.

    (cc) "Protected health information" means individually 
identifiable health information that, except as otherwise 
provided, is:

        (1) transmitted by electronic media;
        (2) maintained in any medium set forth in the 
    definition of "electronic media" in the federal Health 
    Insurance Portability and Accountability Act; or
        (3) transmitted or maintained in any other form or 
    medium.
    "Protected health information" does not include 
individually identifiable health information found in:
        (1) education records covered by the federal Family 
    Educational Right and Privacy Act; or
        (2) employment records held by a licensee in its role 
    as an employer.
    (dd) "Standing order" means a specific order for a patient 
or group of patients issued by a physician licensed to 
practice medicine in all its branches in Illinois.
    (ee) "Address of record" means the designated address 
recorded by the Department in the applicant's application file 
or licensee's license file maintained by the Department's 
licensure maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's 
primary operations.

    (gg) "Email address of record" means the designated email 
address recorded by the Department in the applicant's 
application file or the licensee's license file, as maintained 
by the Department's licensure maintenance unit. 
(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; 
102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised 
10-26-21.)
 


    (225 ILCS 85/9)  (from Ch. 111, par. 4129)


    (Section scheduled to be repealed on January 1, 2023)

    Sec. 9. Licensure as registered pharmacy technician. 
    (a) Any person shall be entitled
to licensure as a 
registered pharmacy technician who is of the age of 16
or over, 
has not engaged in conduct or behavior determined to be 
grounds for
discipline under this Act, is attending or has

graduated from an accredited high school or comparable school 
or educational
institution or received a high school 
equivalency certificate, and has filed a written or electronic 
application for licensure on a form
to be prescribed and 
furnished by the Department for that purpose.  The
Department 
shall issue a license as a registered pharmacy technician to 
any applicant who has
qualified as aforesaid, and such license 
shall be the sole authority
required to assist licensed 
pharmacists in the practice of pharmacy, under
the supervision 
of a licensed pharmacist.  A registered pharmacy technician may 
be delegated to perform any task within the practice of 
pharmacy if specifically trained for that task, except for  
patient counseling, drug regimen review, or  clinical conflict 
resolution, or providing patients prophylaxis drugs for human 
immunodeficiency virus pre-exposure prophylaxis or 
post-exposure prophylaxis.
    (b) Beginning on January 1, 2017, within 2 years after 
initial licensure as a registered pharmacy technician, the 
licensee must meet the requirements described in Section 9.5 
of this Act and become licensed as a registered certified 
pharmacy technician. If the licensee has not yet attained the 
age of 18, then upon the next renewal as a registered pharmacy 
technician, the licensee must meet the requirements described 
in Section 9.5 of this Act and become licensed as a registered 
certified pharmacy technician.  This requirement does not apply 
to pharmacy  technicians registered prior to January 1, 2008.

    (c) Any person registered
as a pharmacy technician who is 
also enrolled in a first professional
degree program in 
pharmacy in a school or college of pharmacy or a
department of 
pharmacy of a university approved by the Department or has 
graduated from such a program within the last 18 months, shall 
be
considered a "student pharmacist"
and entitled to use the 
title "student pharmacist". A student pharmacist must meet all 
of the requirements for licensure as a registered pharmacy 
technician set forth in this Section excluding the requirement 
of certification prior to the second license renewal and pay 
the required registered pharmacy technician license fees.  A 
student pharmacist may, under the supervision of a pharmacist, 
assist in the practice of pharmacy and perform any and all 
functions delegated to him or her by the pharmacist. 
    (d) Any person seeking licensure as a pharmacist who has 
graduated from a pharmacy program outside the United States 
must register as a pharmacy technician and shall be considered 
a "student pharmacist" and be entitled to use the title 
"student pharmacist" while completing the 1,200 clinical hours 
of training approved by the Board of Pharmacy described and 
for no more than 18 months after completion of these hours.  
These individuals are not required to become registered 
certified pharmacy technicians while completing their Board 
approved clinical training, but must become licensed as a 
pharmacist or become licensed as a registered certified 
pharmacy technician before the second pharmacy technician 
license renewal following completion of the Board approved 
clinical training. 
    (e) The Department shall not renew the registered pharmacy 
technician license of any person who has been licensed as a 
registered pharmacy technician with the designation "student 
pharmacist" who: (1) has dropped out of or been expelled from 
an ACPE accredited college of pharmacy; (2) has failed to 
complete his or her 1,200 hours of Board approved clinical 
training within 24 months; or (3) has failed the pharmacist 
licensure examination 3 times. The Department shall require 
these individuals to meet the requirements of and become 
licensed as a registered certified pharmacy technician. 
    (f) The Department may
take any action set forth in 
Section 30 of this Act with regard to a license
 pursuant to 
this Section.

    (g) Any person who is enrolled in a non-traditional 
Pharm.D.
program at an ACPE accredited college of pharmacy and 
is licensed as a registered pharmacist
under the laws of 
another United States jurisdiction shall be permitted to

engage in the program of practice experience required in the 
academic program
by virtue of such license.  Such person shall 
be exempt from the requirement
of licensure as a registered 
pharmacy technician or registered certified pharmacy 
technician while engaged in the
program of practice experience 
required in the academic program.

    An applicant for licensure as a registered pharmacy 
technician may assist a
 pharmacist in the practice of pharmacy 
for a period of up to
60 days prior to the issuance of a 
license if the
applicant has submitted the required fee and an 
application for licensure
to the Department.  The applicant 
shall keep a copy of the submitted
application on the premises 
where the applicant is assisting in the
practice of pharmacy. 
The Department shall forward confirmation of receipt of the 
application with start and expiration dates of practice 
pending licensure.


(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)

 
    (225 ILCS 85/43.5 new)
    Sec. 43.5. HIV prophylaxis. In accordance with a standing 
order by a physician licensed to practice medicine in all its 
branches or  the medical director of a county or local health 
department, a pharmacist may provide patients with prophylaxis 
drugs for human immunodeficiency virus pre-exposure 
prophylaxis or post-exposure prophylaxis.
    A pharmacist may provide initial assessment and dispensing 
of prophylaxis drugs for human immunodeficiency virus 
pre-exposure prophylaxis or post-exposure prophylaxis.  If a 
patient's HIV test results are reactive, the pharmacist shall 
refer the patient to an appropriate health care professional 
or clinic.  If the patient's HIV test results are nonreactive, 
the pharmacist may initiate human immunodeficiency virus 
pre-exposure prophylaxis or post-exposure prophylaxis to 
eligible patients.
    The standing order must be consistent with the current 
version of the guidelines of the Centers for Disease Control 
and Prevention, guidelines of the United States Preventive 
Services Task Force, or generally recognized evidence-based 
clinical guidelines.
    A pharmacist must communicate the services provided under 
this Section to the patient and the patient's primary health 
care provider or other health care professional or clinic,  if 
known.  If there is no primary health care provider provided by 
the patient, then the pharmacist shall give the patient a list 
of primary health care providers, other health care 
professionals, and clinics in the area.
    The services provided under this Section shall be 
appropriately documented and retained in a confidential manner 
consistent with State HIV confidentiality requirements.
    The services provided under this Section shall take place 
in a private manner. 
    A pharmacist shall complete an educational training  
program accredited by the Accreditation Council for Pharmacy 
Education and approved by the Department that is related to 
the initiation, dispensing, or administration of  drugs, 
laboratory tests, assessments, referrals, and consultations 
for human immunodeficiency virus pre-exposure prophylaxis and 
human immunodeficiency virus post-exposure prophylaxis. 
 
    Section 20. The Illinois Public Aid Code is amended  by 
changing Section 5-5.12d as follows:
 
    (305 ILCS 5/5-5.12d)
    Sec. 5-5.12d. Coverage for patient care services for 
hormonal contraceptives, human immunodeficiency virus 
pre-exposure prophylaxis, and human immunodeficiency virus 
post-exposure prophylaxis provided by a pharmacist.
    (a) Subject to approval by the federal Centers for 
Medicare and Medicaid Services, the medical assistance 
program, including both the fee-for-service and managed care 
medical assistance programs established under this Article, 
shall cover patient care services provided by a pharmacist for 
hormonal contraceptives, human immunodeficiency virus 
pre-exposure prophylaxis, and human immunodeficiency virus 
post-exposure prophylaxis assessment and consultation.
    (b) The Department shall establish a fee schedule for 
patient care services provided by a pharmacist under Sections 
43 and 43.5 of the Pharmacy Practice Act and shall be covered 
and reimbursed at no less than 85% of the rate that the 
services are reimbursed when provided by a physician for 
hormonal contraceptives assessment and consultation.
    (c) The rate of reimbursement for patient care services 
provided by a pharmacist for hormonal contraceptives, human 
immunodeficiency virus pre-exposure prophylaxis, and human 
immunodeficiency virus post-exposure prophylaxis assessment 
and consultation shall be at 85% of the fee schedule for 
physician services by the medical assistance program.
    (d) A pharmacist must be enrolled in the medical 
assistance program as an ordering and referring provider prior 
to providing patient care services for hormonal 
contraceptives, human immunodeficiency virus pre-exposure 
prophylaxis, and human immunodeficiency virus post-exposure 
prophylaxis assessment and consultation that is submitted by a 
pharmacy or pharmacist provider for reimbursement pursuant to 
this Section.
    (e) The Department shall apply for any necessary federal 
waivers or approvals to implement this Section by January 1, 
2023 2022.
    (f) This Section does not restrict or prohibit any 
services currently provided by pharmacists as authorized by 
law, including, but not limited to, pharmacist services 
provided under this Code or authorized under the Illinois 
Title XIX State Plan.
    (g) The Department shall submit to the Joint Committee on 
Administrative Rules administrative rules for this Section as 
soon as practicable but no later than 6 months after federal 
approval is received.

(Source: P.A. 102-103, eff. 1-1-22.)
 
 
    Section 99. Effective date. This Act takes effect January 
1, 2023.