Public Act 099-0473
 
HB3219 EnrolledLRB099 05820 HAF 25864 b


  
    AN ACT concerning 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 9, 9.5, and 11 and  by adding Section 16c as follows:
 


    (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    (Section scheduled to be repealed on January 1, 2018)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 high school equivalency certificate, 
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, 2017 January 1, 2010, within 2 
years after initial registration as a registered pharmacy 
technician, the registrant must meet the requirements 
described in Section 9.5 of this Act and register as a 
registered certified pharmacy technician. If the registrant 
has not yet attained the age of 18, then upon the next renewal 
as a registered pharmacy technician, the registrant must meet 
the requirements described in Section 9.5 of this Act and 
register as a registered certified pharmacy 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 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"
and entitled to use the title "student 
pharmacist". A student pharmacist 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 registered certified 
pharmacy technicians while completing their Board approved 
clinical training, but must become licensed as a pharmacist or 
become a registered 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 as a registered 
certified pharmacy technician. 
    The Department may
take any action set forth in Section 30 
of this Act with regard to registrations
 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. 98-718, eff. 1-1-15.)

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    (Section scheduled to be repealed on January 1, 2018)

    Sec. 9.5. Registered certified Certified pharmacy 
technician.
    (a) An individual  registered as a registered pharmacy 
technician under this Act may be registered as a registered 
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.
        (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.
        (5) He or she has successfully passed an examination 
    accredited by the National Commission for Certifying 
    Agencies 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 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 
registered certified pharmacy technician without first 
registering as a pharmacy technician. 
    (e) As a condition for the renewal of a certificate of 
registration as a registered certified pharmacy technician, 
the registrant shall provide evidence to the Department of 
completion of a total of 20 hours of continuing pharmacy 
education during the 24 months preceding the expiration date of 
the certificate. One hour of continuing pharmacy education must 
be in the subject of pharmacy law. One hour of continuing 
pharmacy education must be in the subject of patient safety. 
The continuing education shall be approved by the Accreditation 
Council on Pharmacy Education.
    The Department shall establish by rule a means for the 
verification of completion of the continuing education 
required by this subsection (e). This verification may be 
accomplished through audits of records maintained by 
registrants, by requiring the filing of continuing education 
certificates with the Department or a qualified organization 
selected by the Department to maintain such records, or by 
other means established by the Department.
    Rules developed under this subsection (e) may provide for a 
reasonable annual fee, not to exceed $20, to fund the cost of 
such recordkeeping. The Department shall, by rule, further 
provide an orderly process for the reinstatement of a 
registration that has not been renewed due to the failure to 
meet the continuing pharmacy education requirements of this 
subsection (e). The Department may waive the requirements of 
continuing pharmacy education, in whole or in part, in cases of 
extreme hardship as defined by rule of the Department. The 
waivers shall be granted for not more than one of any 3 
consecutive renewal periods. 
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
 



    (225 ILCS 85/11)  (from Ch. 111, par. 4131)


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

    Sec. 11. Duties of the Department. The Department shall 
exercise the
powers and duties prescribed by
the Civil 
Administrative Code of Illinois for the administration of 
Licensing
Acts and shall exercise such other powers and duties 
necessary for effectuating
the purpose of this Act.  However, 
the following powers and duties shall be
exercised only upon 
review
 of the Board of
Pharmacy to take such action:

    (a) Formulate such rules, not inconsistent with law and 
subject to
the Illinois Administrative Procedure Act, as may be 
necessary to carry
out the purposes and enforce the provisions 
of this Act.  The Director
may grant variances from any such 
rules as provided for in this Section;

    (b) The suspension, revocation, placing on probationary

status, reprimand, and refusing to issue or restore any license 
or
certificate of registration issued under the provisions of 
this Act
for the reasons set forth in Section 30 of this Act.

    (c) The issuance, renewal, restoration or reissuance of any 
license
or certificate which has been previously refused to be 
issued or renewed,
or has been revoked, suspended or placed on 
probationary status.

    The granting of variances from rules promulgated pursuant 
to this Section in
individual cases where there is a finding 
that:


        (1) the provision from which the variance is granted is 
    not statutorily
mandated;


        (2) no party will be injured by the granting of the 
    variance; and


        (3) the rule from which the variance is granted would, 
    in the particular
case, be unreasonable or unnecessarily 
    burdensome.

    The Director shall notify the State Board of Pharmacy of 
the granting
of such variance and the reasons therefor, at the 
next meeting of the Board.

    (d) The Secretary shall appoint a chief pharmacy 
coordinator and at least 2 deputy pharmacy coordinators, all of 
whom shall be registered pharmacists in good standing in this 
State, shall be graduates of an accredited college of pharmacy 
or hold, at a minimum, a bachelor of science degree in 
pharmacy, and shall have at least 5 years of experience in the 
practice of pharmacy immediately prior to his or her 
appointment. The chief pharmacy coordinator shall be the 
executive administrator and the chief enforcement officer of 
this Act. The deputy pharmacy coordinators shall report to the 
chief pharmacy coordinator. The Secretary shall assign at least 
one deputy pharmacy coordinator to a region composed of Cook 
County and such other counties as the Secretary may deem 
appropriate, and such deputy pharmacy coordinator shall have 
his or her primary office in Chicago. The Secretary shall 
assign at least one deputy pharmacy coordinator to a region 
composed of the balance of counties in the State, and such 
deputy pharmacy coordinator shall have his or her primary 
office in Springfield.
    (e) The Secretary shall, in conformity with the Personnel 
Code, employ not less than 4 pharmacy investigators who shall 
report to the pharmacy coordinator or a deputy pharmacy 
coordinator. Each pharmacy investigator shall be a graduate of 
a 4-year college or university and shall (i) have at least 2 
years of investigative experience; (ii) have 2 years of 
responsible pharmacy experience; or (iii) be a licensed 
pharmacist unless employed as a pharmacy investigator on or 
before the effective date of this amendatory Act of the 99th 
General Assembly. The Department shall also employ at least one 
attorney to prosecute violations of this Act and its rules. The 
Department may, in conformity with the Personnel Code, employ 
such clerical and other employees as are necessary to carry out 
the duties of the Board and Department.
    The duly authorized pharmacy investigators of the 
Department shall have the right to enter and inspect, during 
business hours, any pharmacy or any other place in this State 
holding itself out to be a pharmacy where medicines, drugs or 
drug products, or proprietary medicines are sold, offered for 
sale, exposed for sale, or kept for sale.

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

 
    (225 ILCS 85/16c new)
    Sec. 16c. Medicine locking closure package.
    (a) As used in this Section: 
    "Medicine locking closure package" means any alphanumeric 
combination locking closure mechanism that can only be unlocked 
with a user-generated, resettable alphanumeric code in 
combination with an amber prescription container that forms a 
package that allows only the person with a prescription access 
to the medicine.
    "Schedule II controlled substance" means a Schedule II 
controlled substance under the United States Controlled 
Substances Act and 21 CFR 1308. 
    (b) Subject to appropriation, effective January 1, 2016, 
the Department shall by rule implement a pilot project 
requiring that every new or refilled prescription for a 
Schedule II controlled substance containing hydrocodone 
dispensed by a pharmacy that voluntarily decides to participate 
in the pilot program shall only be dispensed in a non-reusable 
medicine locking closure package. The Department shall not 
expend more than $150,000 on this pilot program. The Department 
may contract with third parties to implement the pilot program 
in whole or in part.
    (c) The medicine locking closure package must be dispensed 
by the pharmacy with instructions for patient use unless the 
prescriber indicates orally, in writing, or electronically 
that a medicine locking closure package shall not be used.
    (d) The manufacturer of the medicine locking closure 
package must make available assistance online or through a 
toll-free number for patient use.
    (e) Prescriptions reimbursed via the Medicare Part D and 
Medicaid programs, including Medicaid managed care plans, are 
exempt from the provisions of this Section.
    (f) Prescriptions for individuals residing in facilities 
licensed under the Nursing Home Care Act are exempt from the 
provisions of this Section.
    (g) This Section is repealed on January 1, 2017. 
 

    Section 99. Effective date. This Act takes effect upon 
becoming law, except that the changes to Sections 9 and 9.5 of 
the Pharmacy Practice Act take effect January 1, 2017.