Public Act 096-0673
 		





HB1293 Enrolled
LRB096 09536 ASK 19695 b






    AN ACT concerning professional regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Pharmacy Practice Act is amended  by changing 
Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as follows:
 



    (225 ILCS 85/3)  (from Ch. 111, par. 4123)


    (Section scheduled to be repealed on January 1, 2018)

    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 
nurses, physician assistants, veterinarians, podiatrists, 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 (l) 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 (l), (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:  in the context of patient education on the proper use 
or delivery of medications; vaccination of patients 14 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; (5) drug 
regimen review; (6) drug or drug-related research; (7) the 
provision of patient counseling; (8) the practice of 
telepharmacy; (9) the provision of those acts or services 
necessary to provide pharmacist care; (10) medication therapy 
management; and (11) 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. 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, or 
podiatrist,  or
optometrist, within the
limits of their 
licenses, by a physician assistant in accordance with

subsection (f) of Section 4, or by an advanced practice nurse 
in
accordance with subsection (g) of Section 4, containing the

following: (l) 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 
number where required, for controlled
substances.
DEA numbers 
shall not be required on inpatient drug orders.

    (f) "Person" means and includes a natural person, 
copartnership,
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 or the Hospital 
Licensing Act, or "An Act in relation to
the founding and 
operation of the University of Illinois Hospital and the

conduct of University of Illinois health care programs", 
approved July 3, 1931,
as amended, 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 pharmacy intern 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 
intern;  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" 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) "Electronic transmission prescription" means any 
prescription order for which a facsimile  or electronic image of 
the order is electronically transmitted from a licensed 
prescriber to a pharmacy. "Electronic transmission 
prescription" includes both data and image prescriptions.

    (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 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 address recorded by the 
Department in the applicant's or licensee's application file or 
license file, as maintained by the Department's licensure 
maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's 
primary operations.

(Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)

 



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


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 9. Registration as pharmacy technician. Any person 
shall be entitled
to registration 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 GED, and has filed a written 
application for registration on a form
to be prescribed and 
furnished by the Department for that purpose.  The
Department 
shall issue a certificate of
registration as a registered 
pharmacy technician to any applicant who has
qualified as 
aforesaid, and such registration 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, under the supervision of a 
pharmacist, assist in the practice of pharmacy and perform such 
functions as assisting in the dispensing process, offering 
counseling, receiving new verbal prescription orders, and 
having prescriber contact concerning prescription drug order 
clarification.  A registered pharmacy technician may not engage 
in  patient counseling, drug regimen review, or  clinical 
conflict resolution.
    Beginning on January 1, 2010, within 2 years after initial 
registration being employed as a registered technician, a 
pharmacy technician must become certified by successfully 
passing the Pharmacy Technician Certification Board (PTCB) 
examination or another Board-approved pharmacy technician 
examination and register as a certified pharmacy technician 
with the Department  in order to continue to perform pharmacy 
technician's duties.  This requirement does not apply to 
pharmacy  technicians registered hired prior to January 1, 2008.

    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 pharmacy intern"
and entitled to use the 
title "student pharmacist" pharmacy intern". A student 
pharmacist pharmacy intern must meet all of the requirements 
for registration as a pharmacy technician set forth in this 
Section excluding the requirement of certification prior to the 
second registration renewal and pay the required pharmacy 
technician registration 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. 
    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 certified pharmacy 
technicians while completing their Board approved clinical 
training, but must become licensed as a pharmacist or become a 
certified pharmacy technician before the second pharmacy 
technician registration renewal following completion of the 
Board approved clinical training. 
    The Department shall not renew the pharmacy technician 
license of any person who has been registered as a "student 
pharmacist" and has dropped out of or been expelled from an 
ACPE accredited college of pharmacy, who has failed to complete 
his or her 1,200 hours of Board approved clinical training 
within 24 months or who has failed the pharmacist licensure 
examination 3 times and shall require these individuals to meet 
the requirements of and become registered a certified pharmacy 
technician. 
    The Department, upon the recommendation of the Board, may

take any action set forth in Section 30 of this Act with regard 
to registrations
certificates pursuant to this Section.

    Any person who is enrolled in a non-traditional Pharm.D.

program at an ACPE accredited college of pharmacy and is a 
licensed 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 registration as a registered pharmacy 
technician while engaged in the
program of practice experience 
required in the academic program.

    An applicant for registration as a 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 certificate of 
registration if the
applicant has submitted the required fee 
and an application for registration
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 registration.


(Source: P.A. 95-689, eff. 10-29-07.)

 
    (225 ILCS 85/9.5)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 9.5. Certified pharmacy technician.
    (a) An individual  registered as a pharmacy technician under 
this Act may be registered receive certification as a certified 
pharmacy technician, if he or she meets all of the following 
requirements:
        (1) He or she has submitted a written application in 
    the form and manner prescribed by the Department Board.
        (2) He or she has attained the age of 18.
        (3) He or she is of good moral character, as determined 
    by the Department.
        (4) He or she has (i) graduated from pharmacy 
    technician training meeting the requirements set forth in 
    subsection (a) of Section 17.1 of this Act or (ii) obtained 
    documentation from the pharmacist-in-charge of the 
    pharmacy where the applicant is employed verifying that he 
    or she has successfully completed a training program and 
    has successfully completed an objective assessment 
    mechanism prepared in accordance with rules established by 
    the Department Board.
        (5) He or she has successfully passed an examination 
    accredited by the National Organization of Certifying 
    Agencies, as approved and required by the Board.
        (6) He or she has paid the required certification fees.
    (b) No pharmacist whose license has been denied, revoked, 
suspended, or restricted for disciplinary purposes may be 
eligible to be registered as a certified pharmacy technician.
    (c) The Department Board may, by rule, establish any 
additional requirements for certification under this Section.


    (d) A person who is not a registered pharmacy technician 
and meets the requirements of this Section may register as a 
certified pharmacy technician without first registering as a 
pharmacy technician. 
(Source: P.A. 95-689, eff. 10-29-07.)
 



    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 16a. (a) The Department shall establish rules and 
regulations,
consistent with the provisions of this Act, 
governing nonresident
 pharmacies,
including pharmacies 
providing services via the Internet,
which sell, or offer for 
sale, drugs, medicines, or other pharmaceutical
services in 
this State.

    (b) The Department Board shall require and provide for an 
annual nonresident
special pharmacy registration for all 
pharmacies located outside of this
State that dispense 
medications for Illinois residents and mail, ship, or
deliver 
prescription medications into this State. Nonresident special

pharmacy registration shall be granted by the Department Board 
upon the disclosure and
certification by a pharmacy:


        (1) that it is licensed in the state in which the 
    dispensing facility
is located and from which the drugs are 
    dispensed;


        (2) of the location, names, and titles of all principal 
    corporate
officers and all pharmacists who are dispensing 
    drugs to residents of this
State;


        (3) that it complies with all lawful directions and 
    requests for
information from the board of pharmacy of each 
    state in which it is
licensed or registered, except that it 
    shall respond directly to all
communications from the Board 
    or Department concerning any emergency circumstances 
    arising
from the dispensing of drugs to residents of this 
    State;


        (4) that it maintains its records of drugs dispensed to 
    residents of
this State so that the records are readily 
    retrievable from the records of
other drugs dispensed;


        (5) that it cooperates with the Board or Department in 
    providing information to the
board of pharmacy of the state 
    in which it is licensed concerning matters
related to the 
    dispensing of drugs to residents of this State; and


        (6) that during its regular hours of operation, but not 
    less than 6
days per week, for a minimum of 40 hours per 
    week, a toll-free telephone
service is provided to 
    facilitate communication between patients in this
State 
    and a pharmacist at the pharmacy who has access to the 
    patients'
records. The toll-free number must be disclosed 
    on the label affixed to
each container of drugs dispensed 
    to residents of this State.

(Source: P.A. 95-689, eff. 10-29-07.)

 
    (225 ILCS 85/25.15)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 25.15. Telepharmacy.

    (a) In this Section, "telepharmacy" means the provision of 
pharmacist care by a pharmacist that is accomplished through

the use of telecommunications or other technologies to patients

or their agents who are at a distance and are located within 
the
United States, and which follows all federal and State 
laws, rules,
and regulations with regard to privacy and 
security.
    (b) Any pharmacy engaged in the practice of telepharmacy 
must meet all of the following conditions:

        (1) All events involving the contents of an
automated 
    pharmacy system must be stored in a secure location
and may 
    be recorded electronically.
        (2) An automated pharmacy or prescription dispensing 
    machine system may be used in
conjunction with the 
    pharmacy's practice of telepharmacy after inspection and 
    approval by the Department.
        (3) The pharmacist in charge shall:
            (A) be responsible for the practice of 
        telepharmacy
performed at a remote pharmacy, including 
        the supervision of any
prescription dispensing machine 
        or automated medication system;
            (B) ensure that the home pharmacy has
sufficient 
        pharmacists on duty for the safe operation and

        supervision of all remote pharmacies;
            (C) ensure, through the use of a video and auditory

        communication system, that a certified pharmacy 
        technician at the remote
pharmacy has accurately and 
        correctly prepared any prescription for
dispensing 
        according to the prescription;
            (D) be responsible for the supervision and 
        training of
certified pharmacy technicians at remote 
        pharmacies who shall be subject to
all rules and 
        regulations; and
            (E) ensure that patient counseling at the remote 
        pharmacy is
performed by a pharmacist or student 
        pharmacist pharmacist intern.

(Source: P.A. 95-689, eff. 10-29-07.)
 



    (225 ILCS 85/30)  (from Ch. 111, par. 4150)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 30. Refusal, revocation, or suspension.  
    (a) The Department may refuse to issue or renew, or may 
revoke a license or registration, or may suspend, place on 
probation, fine, or take any disciplinary or non-disciplinary 
action as the Department may deem proper, including fines not 
to exceed $10,000 for each violation, with regard to any 
licensee or registrant In accordance with Section 11 of this 
Act, the Department
may refuse to issue, restore, or renew, or 
may revoke, suspend, place on
probation, or reprimand as the 
Department
may deem proper with regard to any license or 
certificate of registration
or may impose a fine upon a 
licensee or registrant not to exceed $10,000 per violation for 
any one or combination of the following causes:


        1. Material misstatement in furnishing information to 
    the Department.


        2. Violations of this Act, or the rules promulgated 
    hereunder.


        3. Making any misrepresentation for the purpose of 
    obtaining licenses.


        4. A pattern of conduct which demonstrates 
    incompetence or unfitness
to practice.


        5. Aiding or assisting another person in violating any 
    provision of
this Act or rules.


        6. Failing, within 60 days, to respond to a written 
    request made by
the Department for information.


        7. Engaging in unprofessional, dishonorable, or 
    unethical conduct of
a character likely to deceive, defraud 
    or harm the public.


        8. Discipline by another U.S. jurisdiction or foreign 
    nation, if at
least one of the grounds for the discipline 
    is the same or substantially
equivalent to those set forth 
    herein.


        9. Directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership or association 
    any fee, commission, rebate
or other form of compensation 
    for any professional services not actually
or personally 
    rendered.


        10. A finding by the Department that the licensee, 
    after having his
license placed on probationary status has 
    violated the terms of probation.


        11. Selling or engaging in the sale of drug samples 
    provided at no
cost by drug manufacturers.


        12. Physical illness, including but not limited to, 
    deterioration through
the aging process, or loss of motor 
    skill which results in the inability
to practice the 
    profession with reasonable judgment, skill or safety.


        13. A finding that licensure or registration has been 
    applied for or
obtained by fraudulent means.


        14. The applicant or licensee has been convicted in 
    state or federal
court of or entered a plea of guilty, nolo 
    contendere, or the equivalent in a state or federal court 
    to any crime which is a felony or any misdemeanor related 
    to
the practice of pharmacy or , of which an essential 
    element is dishonesty.


        15. Habitual or excessive use or addiction to alcohol, 
    narcotics, stimulants
or any other chemical agent or drug 
    which results in the inability
to practice with reasonable 
    judgment, skill or safety.


        16. Willfully making or filing false records or reports 
    in the practice
of pharmacy, including, but not limited to 
    false records to support
claims against the medical 
    assistance program of the Department of Healthcare and 
    Family Services (formerly Department of
Public Aid) under 
    the Public Aid Code.


        17. Gross and willful overcharging for professional 
    services including
filing false statements for collection 
    of fees for which services are
not rendered, including, but 
    not limited to, filing false statements
for collection of 
    monies for services not rendered from the medical

    assistance program of the Department of Healthcare and 
    Family Services (formerly Department of Public Aid) under 
    the Public Aid Code.


        18. Dispensing Repetitiously dispensing prescription 
    drugs without receiving a
written or oral prescription in 
    violation of law.


        19. Upon a finding of a substantial discrepancy in a 
    Department audit
of a prescription drug, including 
    controlled substances, as that term
is defined in this Act 
    or in the Illinois Controlled Substances Act.


        20. Physical or mental illness or any other impairment 
    or disability, including without limitation deterioration 
    through the aging process or loss of motor skills that
 
    results in the inability to practice with
reasonable 
    judgment, skill or safety, or mental incompetence,
 as 
    declared
by a court of competent jurisdiction.


        21. Violation of the Health Care Worker Self-Referral 
    Act.


        22. Failing to sell or dispense any drug, medicine, or 
    poison in good
faith.  "Good faith", for the purposes of 
    this Section, has the meaning
ascribed
to it in subsection 
    (u) of Section 102 of the Illinois Controlled Substances

    Act. "Good faith", as used in this item (22), shall not be 
    limited to the sale or dispensing of controlled substances, 
    but shall apply to all prescription drugs. 


        23. Interfering with the professional judgment of a 
    pharmacist by
any registrant under this Act, or his or her 
    agents or employees.

        24. Failing to report within 60 days to the Department


    any adverse final action taken against a pharmacist, 
    pharmacist technician, or certified pharmacist technician 
    by another licensing jurisdiction in any other state or any 
    territory of the United States or any foreign jurisdiction, 
    any governmental agency, any law enforcement agency, or any 
    court for acts or conduct similar to acts or conduct that 
    would constitute grounds for discipline as defined in this 
    Section.
        25. Failing to comply with a subpoena issued in 
    accordance with Section 35.5 of this Act.

        26. Disclosing protected health information in 
    violation of any State or federal law. 
    (b) The Department may refuse to issue or may suspend the 
license or
registration of any person who fails to file a 
return, or to pay the tax,
penalty or interest shown in a filed 
return, or to pay any final assessment
of tax, penalty or 
interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the 
requirements of any
such tax Act are satisfied.

    (c) The Department shall revoke the license or certificate 
of
registration issued under the provisions of this Act or any 
prior Act of
this State of any person who has been convicted a 
second time of committing
any felony under the Illinois 
Controlled Substances Act, or who
has been convicted a second 
time of committing a Class 1 felony under
Sections 8A-3 and 
8A-6 of the Illinois Public Aid Code.  A
person whose license or 
certificate of registration issued under the
provisions of this 
Act or any prior Act of this State is revoked under this

subsection (c) shall be prohibited from engaging in the 
practice of
pharmacy in this State.

    (d) The Department may adopt rules for the imposition of 
fines in disciplinary cases, not to exceed $10,000 for each 
violation of this Act. Fines may be imposed in conjunction with 
other forms of disciplinary action, but shall not be the 
exclusive disposition of any disciplinary action arising out of 
conduct resulting in death or injury to a patient. Fines shall 
be paid within 60 days or as otherwise agreed to by the 
Department. Any funds collected from such fines shall be 
deposited in the Illinois State Pharmacy Disciplinary Fund.


    (e) The entry of an order or judgment by any circuit court 
establishing that any person holding a license or certificate 
under this Act is a person in need of mental treatment operates 
as a suspension of that license. A licensee may resume his or 
her practice only upon the entry of an order of the Department 
based upon a finding by the Board that he or she has been 
determined to be recovered from mental illness by the court and 
upon the Board's recommendation that the licensee be permitted 
to resume his or her practice.


    (f) The Department shall issue quarterly to the Board a 
status of all
complaints related to the profession received by 
the Department.

    (g) In enforcing this Section, the Board or the Department, 
upon a showing of a possible violation, may compel any licensee 
or applicant for licensure under this Act to submit to a mental 
or physical examination  or both, as required by and at the 
expense of the Department. The examining physician, or 
multidisciplinary team involved in providing physical and 
mental examinations led by a physician consisting of one or a 
combination of licensed physicians, licensed clinical 
psychologists, licensed clinical social workers, licensed 
clinical professional counselors, and other professional and 
administrative staff, shall be those specifically designated 
by the Department. The Board or the Department may order the 
examining physician or any member of the multidisciplinary team 
to present testimony concerning this mental or physical 
examination of the licensee or applicant. No information, 
report, or other documents in any way related to the 
examination shall be excluded by reason of any common law or 
statutory privilege relating to communication between the 
licensee or applicant and the examining physician or any member 
of the multidisciplinary team. The individual to be examined 
may have, at his or her own expense, another physician of his 
or her choice present during all aspects of the examination. 
Failure of any individual to submit to a mental or physical 
examination when directed shall be grounds for suspension of 
his or her license until such time as the individual submits to 
the examination if the Board finds, after notice and hearing, 
that the refusal to submit to the examination was without 
reasonable cause. If the Board finds a pharmacist, certified 
pharmacy technician, or pharmacy technician unable to practice 
because of the reasons set forth in this Section, the Board 
shall require such pharmacist, certified pharmacy technician, 
or pharmacy technician to submit to care, counseling, or 
treatment by physicians or other appropriate health care 
providers approved or designated by the Board as a condition 
for continued, reinstated, or renewed licensure to practice. 
Any pharmacist, certified pharmacy technician, or pharmacy 
technician whose license was granted, continued, reinstated, 
renewed, disciplined, or supervised, subject to such terms, 
conditions, or restrictions, and who fails to comply with such 
terms, conditions, or restrictions or to complete a required 
program of care, counseling, or treatment, as determined by the 
chief pharmacy coordinator or a deputy pharmacy coordinator, 
shall be referred to the Secretary for a determination as to 
whether the licensee shall have his or her license suspended 
immediately, pending a hearing by the Board. In instances in 
which the Secretary immediately suspends a license under this 
subsection (g), a hearing upon such person's license must be 
convened by the Board within 15 days after such suspension and 
completed without appreciable delay. The Board shall have the 
authority to review the subject pharmacist's, certified 
pharmacy technician's, or pharmacy technician's record of 
treatment and counseling regarding the impairment.

(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.16. The Secretary Director may
temporarily suspend 
the license of a pharmacist or pharmacy, or the registration of 
a , pharmacy technician
or certified pharmacy technician 
registration as a distributor, without a hearing, 
simultaneously
with the institution of proceedings for a 
hearing provided for in Section
35.2 of this Act, if the 
Secretary Director finds that evidence in his possession

indicates that a continuation in practice would constitute an 
imminent
danger to the public.  In the event that the Secretary 
Director suspends, temporarily,
this license or registration 
certificate without a hearing, a hearing by the Department
must 
be held within 15
 days after such suspension has occurred, and

be concluded without appreciable delay.

(Source: P.A. 95-689, eff. 10-29-07.)