093_HB3948
LRB093 12958 AMC 18168 b
1 AN ACT concerning health care.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Use
5 and Sale of Retractable Needles Act.
6 Section 10. Use and sale of retractable needles.
7 Hospitals licensed under the Hospital Licensing Act may use
8 and pharmacies licensed under the Pharmacy Practice Act of
9 1987 may sell only retractable needles.
10 Section 15. Penalties. A violation of this Act is a
11 ground for discipline under the appropriate licensing Act.
12 Section 90. The Hospital Licensing Act is amended by
13 changing Section 7 as follows:
14 (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
15 Sec. 7. (a) The Director after notice and opportunity
16 for hearing to the applicant or licensee may deny, suspend,
17 or revoke a permit to establish a hospital or deny, suspend,
18 or revoke a license to open, conduct, operate, and maintain a
19 hospital in any case in which he finds that there has been a
20 substantial failure to comply with the provisions of this
21 Act, or the Hospital Report Card Act, the Use and Sale of
22 Retractable Needles Act, or the standards, rules, and
23 regulations established by virtue of either of those Acts.
24 (b) Such notice shall be effected by registered mail or
25 by personal service setting forth the particular reasons for
26 the proposed action and fixing a date, not less than 15 days
27 from the date of such mailing or service, at which time the
28 applicant or licensee shall be given an opportunity for a
-2- LRB093 12958 AMC 18168 b
1 hearing. Such hearing shall be conducted by the Director or
2 by an employee of the Department designated in writing by the
3 Director as Hearing Officer to conduct the hearing. On the
4 basis of any such hearing, or upon default of the applicant
5 or licensee, the Director shall make a determination
6 specifying his findings and conclusions. In case of a denial
7 to an applicant of a permit to establish a hospital, such
8 determination shall specify the subsection of Section 6 under
9 which the permit was denied and shall contain findings of
10 fact forming the basis of such denial. A copy of such
11 determination shall be sent by registered mail or served
12 personally upon the applicant or licensee. The decision
13 denying, suspending, or revoking a permit or a license shall
14 become final 35 days after it is so mailed or served, unless
15 the applicant or licensee, within such 35 day period,
16 petitions for review pursuant to Section 13.
17 (c) The procedure governing hearings authorized by this
18 Section shall be in accordance with rules promulgated by the
19 Department and approved by the Hospital Licensing Board. A
20 full and complete record shall be kept of all proceedings,
21 including the notice of hearing, complaint, and all other
22 documents in the nature of pleadings, written motions filed
23 in the proceedings, and the report and orders of the Director
24 and Hearing Officer. All testimony shall be reported but need
25 not be transcribed unless the decision is appealed pursuant
26 to Section 13. A copy or copies of the transcript may be
27 obtained by any interested party on payment of the cost of
28 preparing such copy or copies.
29 (d) The Director or Hearing Officer shall upon his own
30 motion, or on the written request of any party to the
31 proceeding, issue subpoenas requiring the attendance and the
32 giving of testimony by witnesses, and subpoenas duces tecum
33 requiring the production of books, papers, records, or
34 memoranda. All subpoenas and subpoenas duces tecum issued
-3- LRB093 12958 AMC 18168 b
1 under the terms of this Act may be served by any person of
2 full age. The fees of witnesses for attendance and travel
3 shall be the same as the fees of witnesses before the Circuit
4 Court of this State, such fees to be paid when the witness is
5 excused from further attendance. When the witness is
6 subpoenaed at the instance of the Director, or Hearing
7 Officer, such fees shall be paid in the same manner as other
8 expenses of the Department, and when the witness is
9 subpoenaed at the instance of any other party to any such
10 proceeding the Department may require that the cost of
11 service of the subpoena or subpoena duces tecum and the fee
12 of the witness be borne by the party at whose instance the
13 witness is summoned. In such case, the Department in its
14 discretion, may require a deposit to cover the cost of such
15 service and witness fees. A subpoena or subpoena duces tecum
16 issued as aforesaid shall be served in the same manner as a
17 subpoena issued out of a court.
18 (e) Any Circuit Court of this State upon the application
19 of the Director, or upon the application of any other party
20 to the proceeding, may, in its discretion, compel the
21 attendance of witnesses, the production of books, papers,
22 records, or memoranda and the giving of testimony before the
23 Director or Hearing Officer conducting an investigation or
24 holding a hearing authorized by this Act, by an attachment
25 for contempt, or otherwise, in the same manner as production
26 of evidence may be compelled before the court.
27 (f) The Director or Hearing Officer, or any party in an
28 investigation or hearing before the Department, may cause the
29 depositions of witnesses within the State to be taken in the
30 manner prescribed by law for like depositions in civil
31 actions in courts of this State, and to that end compel the
32 attendance of witnesses and the production of books, papers,
33 records, or memoranda.
34 (Source: P.A. 93-563, eff. 1-1-04.)
-4- LRB093 12958 AMC 18168 b
1 Section 95. The Pharmacy Practice Act of 1987 is amended
2 by changing Section 30 as follows:
3 (225 ILCS 85/30) (from Ch. 111, par. 4150)
4 (Section scheduled to be repealed on January 1, 2008)
5 Sec. 30. (a) In accordance with Section 11 of this Act,
6 the Department may refuse to issue, restore, or renew, or may
7 revoke, suspend, place on probation, reprimand or take other
8 disciplinary action as the Department may deem proper with
9 regard to any license or certificate of registration for any
10 one or combination of the following causes:
11 1. Material misstatement in furnishing information
12 to the Department.
13 2. Violations of this Act, or the rules promulgated
14 hereunder.
15 3. Making any misrepresentation for the purpose of
16 obtaining licenses.
17 4. A pattern of conduct which demonstrates
18 incompetence or unfitness to practice.
19 5. Aiding or assisting another person in violating
20 any provision of this Act or rules.
21 6. Failing, within 60 days, to respond to a written
22 request made by the Department for information.
23 7. Engaging in dishonorable, unethical or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public.
26 8. Discipline by another U.S. jurisdiction or
27 foreign nation, if at least one of the grounds for the
28 discipline is the same or substantially equivalent to
29 those set forth herein.
30 9. Directly or indirectly giving to or receiving
31 from any person, firm, corporation, partnership or
32 association any fee, commission, rebate or other form of
33 compensation for any professional services not actually
-5- LRB093 12958 AMC 18168 b
1 or personally rendered.
2 10. A finding by the Department that the licensee,
3 after having his license placed on probationary status
4 has violated the terms of probation.
5 11. Selling or engaging in the sale of drug samples
6 provided at no cost by drug manufacturers.
7 12. Physical illness, including but not limited to,
8 deterioration through the aging process, or loss of motor
9 skill which results in the inability to practice the
10 profession with reasonable judgment, skill or safety.
11 13. A finding that licensure or registration has
12 been applied for or obtained by fraudulent means.
13 14. The applicant, or licensee has been convicted
14 in state or federal court of any crime which is a felony
15 or any misdemeanor related to the practice of pharmacy,
16 of which an essential element is dishonesty.
17 15. Habitual or excessive use or addiction to
18 alcohol, narcotics, stimulants or any other chemical
19 agent or drug which results in the inability to practice
20 with reasonable judgment, skill or safety.
21 16. Willfully making or filing false records or
22 reports in the practice of pharmacy, including, but not
23 limited to false records to support claims against the
24 medical assistance program of the Department of Public
25 Aid under the Public Aid Code.
26 17. Gross and willful overcharging for professional
27 services including filing false statements for collection
28 of fees for which services are not rendered, including,
29 but not limited to, filing false statements for
30 collection of monies for services not rendered from the
31 medical assistance program of the Department of Public
32 Aid under the Public Aid Code.
33 18. Repetitiously dispensing prescription drugs
34 without receiving a written or oral prescription.
-6- LRB093 12958 AMC 18168 b
1 19. Upon a finding of a substantial discrepancy in
2 a Department audit of a prescription drug, including
3 controlled substances, as that term is defined in this
4 Act or in the Illinois Controlled Substances Act.
5 20. Physical illness which results in the inability
6 to practice with reasonable judgment, skill or safety, or
7 mental incompetency as declared by a court of competent
8 jurisdiction.
9 21. Violation of the Health Care Worker
10 Self-Referral Act.
11 22. Failing to sell or dispense any drug, medicine,
12 or poison in good faith. "Good faith", for the purposes
13 of this Section, has the meaning ascribed to it in
14 subsection (u) of Section 102 of the Illinois Controlled
15 Substances Act.
16 23. Interfering with the professional judgment of a
17 pharmacist by any registrant under this Act, or his or
18 her agents or employees.
19 24. Violation of the Use and Sale of Retractable
20 Needles Act.
21 (b) The Department may refuse to issue or may suspend
22 the license or registration of any person who fails to file a
23 return, or to pay the tax, penalty or interest shown in a
24 filed return, or to pay any final assessment of tax, penalty
25 or interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the
27 requirements of any such tax Act are satisfied.
28 (c) The Department shall revoke the license or
29 certificate of registration issued under the provisions of
30 this Act or any prior Act of this State of any person who has
31 been convicted a second time of committing any felony under
32 the Illinois Controlled Substances Act, or who has been
33 convicted a second time of committing a Class 1 felony under
34 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
-7- LRB093 12958 AMC 18168 b
1 person whose license or certificate of registration issued
2 under the provisions of this Act or any prior Act of this
3 State is revoked under this subsection (c) shall be
4 prohibited from engaging in the practice of pharmacy in this
5 State.
6 (d) In any order issued in resolution of a disciplinary
7 proceeding, the Board may request any licensee found guilty
8 of a charge involving a significant violation of subsection
9 (a) of Section 5, or paragraph 19 of Section 30 as it
10 pertains to controlled substances, to pay to the Department a
11 fine not to exceed $2,000.
12 (e) In any order issued in resolution of a disciplinary
13 proceeding, in addition to any other disciplinary action, the
14 Board may request any licensee found guilty of noncompliance
15 with the continuing education requirements of Section 12 to
16 pay the Department a fine not to exceed $1000.
17 (f) The Department shall issue quarterly to the Board a
18 status of all complaints related to the profession received
19 by the Department.
20 (Source: P.A. 92-880, eff. 1-1-04.)