93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5597


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













225 ILCS 85/10
  from Ch. 111, par. 4130







    Amends the Pharmacy Practice Act of 1987.  Makes a technical change in a
Section concerning the State Board of Pharmacy.
















LRB093 17323 AMC 42989 b

















 


 


A BILL FOR









 











HB5597

LRB093 17323 AMC 42989 b






1
    AN ACT concerning professional regulation. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Pharmacy Practice Act of 1987 is amended by 
5
changing Section
10 as follows:


 
6
    (225 ILCS 85/10)  (from Ch. 111, par. 4130)

7
    (Section scheduled to be repealed on January 1, 2008)


8
    Sec. 10. State Board of Pharmacy.  There is created in the 
9
Department of
Professional Regulation the
State Board of 
10
Pharmacy.
It shall consist of 9 members, 7 of whom shall be 
11
licensed pharmacists.
Each of those 7 members must be a 
12
licensed pharmacist in good standing
in this State, a graduate 
13
of an accredited college of pharmacy or hold
a Bachelor of 
14
Science degree in Pharmacy and have at least 5 years'
practical 
15
experience in the practice of pharmacy subsequent to the
date 
16
of his licensure as a licensed pharmacist in the State of 
17
Illinois.
There shall be 2 public members, who shall be voting 
18
members, who
shall not be licensed pharmacists in this State or 
19
any other state.


20
    Each member shall be appointed by the Governor.


21
    The terms of all members serving as of March 31, 1999 shall 
22
expire on that
date.  The Governor shall appoint 3 persons to 
23
serve one-year terms, 3 persons
to serve 3-year terms, and 3 
24
persons to serve 5-year terms to begin April 1,
1999.  
25
Otherwise, members shall be appointed to 5 year terms.  No 
26
member shall
be eligible to serve more than 12 consecutive 
27
years.


28
    In making the appointment of members on the Board, the 
29
Governor shall
give due consideration to recommendations by the 
30
members of the profession
of pharmacy and by pharmaceutical 
31
organizations therein.  The Governor
shall notify the 
32
pharmaceutical organizations promptly of any vacancy
of 
 


 






HB5597
- 2 -
LRB093 17323 AMC 42989 b




1
members on the Board and in appointing members shall give 
2
consideration
to individuals engaged in all types and settings 
3
of pharmacy practice.


4
    The Governor may remove any member of the Board for 
5
misconduct, incapacity
or neglect of duty and he shall be the 
6
sole judge of the sufficiency of the
cause for removal.


7
    Every person appointed a member of the Board shall take and 
8
subscribe
the constitutional oath of office and file it with 
9
the Secretary of
State.  Each member of the Board shall be 
10
reimbursed for such actual
and legitimate expenses as he may 
11
incur in going to and from the place
of meeting and remaining 
12
thereat during sessions of the Board.  In
addition, each member 
13
of the Board shall receive a per diem payment
in an amount 
14
determined from time to time by the Director for attendance
at 
15
meetings of the Board and conducting other official business of

16
the Board.


17
    The Board shall hold quarterly meetings and an annual 
18
meeting in January
of each year and such other meetings at such 
19
times and places and upon
such notice as the Board may 
20
determine and as its business may require.
Five members of the 
21
Board shall constitute a quorum for the transaction
of 
22
business.  The Director shall appoint a pharmacy coordinator, 
23
who shall be
someone other than a member of the Board.  The 
24
pharmacy coordinator shall be a
registered pharmacist in good 
25
standing in this State, shall be a graduate of
an accredited 
26
college of pharmacy, or hold at a minimum a Bachelor of Science

27
degree in Pharmacy and shall have at least 5 years' experience 
28
in the practice
of pharmacy immediately prior to his 
29
appointment.  The pharmacy coordinator
shall be the executive 
30
administrator and the chief enforcement officer of the
Pharmacy 
31
Practice Act of 1987.


32
    The Board shall exercise the rights, powers and duties 
33
which have been
vested in the Board under this Act, and any 
34
other duties conferred
upon the Board by law.


35
    The Director shall, in conformity with the Personnel Code, 
36
employ not
less than 7 pharmacy investigators and 2 pharmacy 
 


 






HB5597
- 3 -
LRB093 17323 AMC 42989 b




1
supervisors.  Each pharmacy
investigator and each supervisor 
2
shall be a registered pharmacist in good
standing in this 
3
State, and shall be a graduate of an accredited college of

4
pharmacy and have at least 5 years of experience in the 
5
practice of pharmacy.
The Department shall also employ at least 
6
one attorney who is a pharmacist
to prosecute violations of 
7
this Act and its rules.  The Department may, in
conformity with 
8
the Personnel Code, employ such clerical and other employees
as 
9
are necessary to carry out the duties of the Board.


10
    The duly authorized pharmacy investigators of the 
11
Department shall have the
right to enter and inspect during 
12
business hours any pharmacy or any other
place in the State of 
13
Illinois holding itself out to be a pharmacy where
medicines or 
14
drugs or drug products or proprietary medicines are sold, 
15
offered
for sale, exposed for sale, or kept for sale.  The 
16
pharmacy investigators shall
be the only Department 
17
investigators authorized to inspect, investigate, and
monitor 
18
probation compliance of pharmacists, pharmacies, and
pharmacy 
19
technicians.


20
(Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02; 
21
92-880, eff. 1-1-04.)