HB3670 104TH GENERAL ASSEMBLY

LRB104 10855 BAB 20937 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3670

Introduced 2/18/2025, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Pharmacy Accountability and Access Act. Requires any owner of a pharmacy licensed under the Pharmacy Practice Act to provide written notice to specified governmental authorities no later than 180 calendar days before any pharmacy may be closed. Provides that the notice shall be physically posted at the affected location and prominently posted on the company's website for the entire 180-day period. Requires a report detailing the justification for closure, including any documentation of financial losses, operational inefficiencies, or how closure would otherwise align with the social responsibility commitments of the corporation. Sets forth provisions concerning public meetings, community transition plans, and repayment of tax incentives, subsidies, and other financial benefits provided to that pharmacy. Requires the Department of Public Health to review closures of pharmacies in medically underserved areas. Imposes penalties for failure to comply with the Act.

A BILL FOR

AN ACT concerning regulation.

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

Section 1. Short title. This Act may be cited as the Pharmacy Accountability and Access Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Public Health.

"Pharmacy" means every store, shop, pharmacy department, or other place where pharmacist care is provided by a pharmacist and (1) where drugs, medicines, or poisons are dispensed, sold, or offered for sale at retail or displayed for sale at retail; (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; (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; (4) where the characteristic prescription sign (Rx) or similar design is exhibited; or (5) any store, shop, or other place with respect to which any of the described words, objects, signs, or designs are used in any advertisement.

Section 10. Applicability. This Act applies only to companies operating pharmacies in the State of Illinois that:

(1) operate more than 10 locations statewide; or

(2) have annual gross revenues of $50,000,000 or more.

Section 15. Advance notice requirements.

(a) Any owner of a pharmacy licensed under the Pharmacy Practice Act must provide written notice no later than 180 calendar days before any pharmacy may be closed.

(b) The notice required by this Section must be sent to the Department of Financial and Professional Regulation, the Department of Public Health, the government of the municipality in which the pharmacy is located, the government of the county in which the pharmacy is located, and any local community leaders requesting to receive the notice.

(c) The notice required by this Section must be physically posted at the affected location and prominently posted on the company's website for the entire 180-day period.

Section 20. Reporting of closures. Any corporation owning or operating pharmacies in the State must, prior to closing any pharmacy, submit to the Department of Financial and Professional Regulation and the Department of Public Health a report detailing the justification for closure, including any documentation of financial losses, operational inefficiencies, or how closure would otherwise align with the social responsibility commitments of the corporation.

Section 25. Public meetings.

(a) Any owner of a pharmacy licensed under the Pharmacy Practice Act seeking to close a pharmacy must, during the 180-day notice period required by Section 10 of this Act, hold at least 2 public meetings in the community at the location that is closing.

(b) The public meetings required by this Section must:

(1) be held in person at an accessible community venue;

(2) be scheduled during the evening or on the weekend, to accommodate maximum attendance; and

(3) include a virtual participation option for those unable to attend in person.

(c) At the public meeting, the company owning or operating the location to be closed must present the following information:

(1) the reasons for closure, including relevant financial or operational data;

(2) a community transition plan, outlining any needed mitigation measures; and

(3) options for how residents will be able to access prescriptions and other health care services post-closure.

(d) Public meetings required by this Section must include time for community feedback and a question-and-answer session.

(e) Public meetings required by this Section must be attended by representatives of the Department of Public Health or local government officials, who will be responsible for moderating discussions and ensuring community concerns are heard and addressed.

(f) After any public meeting required by this Section, the company owning or operating the pharmacy location to be closed must submit a summary of community feedback and proposed adjustments to the transition plan to the Department of Financial and Professional Regulation and the Department of Public Health.

Section 30. Community transition plan.

(a) Before any pharmacy may be closed, the company owning or operating the pharmacy must submit a community transition plan to the Department of Public Health, including, at minimum, the following information:

(1) options for nearby pharmacies, transportation support, or partnerships with local health care providers that will ensure local residents continue to have access to medications and other health care services; and

(2) options for repurposing the physical space of the location to be closed for health care-related uses, such as telehealth kiosks or prescription lockers.

(b) The Department shall review all community transition plans submitted pursuant to this Section, and send back to the submitting entity a report detailing the effects on health care access and outcomes for the community with regard to the closure, and any economic impacts of the closure. This report shall also include proposed mitigation strategies to address problems, including collaboration with local governments or nonprofits to fill service gaps.

(c) Department responses pursuant to subsection (b) shall also be posted to a publicly accessible part of the Department's website.

Section 35. Repayment of tax incentives. Any company that receives tax incentives, subsidies, or other financial benefits from public funds to operate a pharmacy in the community shall, if the requirements of this Act are not met, pay to the public entity from which the benefits were received an amount equal to the total benefits received.

Section 40. Medically underserved communities. The Department must review the closure and confirm that suitable alternative options for access to medication and other health care services are available when any proposed pharmacy closure pursuant to this Act is located within a medically underserved community. As used in this Section, "medically underserved community" means a community where greater than 50% of households do not exceed 80% of the State median income for the current State fiscal year.

Section 45. Penalties. Any entity operating a pharmacy subject to this Act that fails to comply with any of the requirements of this Act shall be ineligible for State or local tax incentives for a period of 5 years following the date the violation occurred and shall pay community restitution to fund health care access initiatives in any area affected by the violation or violations. These payments shall be in an amount equal to the assessed property value of the property where the closing pharmacy was located.