093_SB0109

 
                                     LRB093 03409 AMC 03429 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
 5    by 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 7        (Section scheduled to be repealed on January 1, 2008)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
13    graduate  of  an  accredited  college  of  pharmacy or hold a
14    Bachelor of Science degree in Pharmacy and have  at  least  5
15    years'  practical  experience  in  the  practice  of pharmacy
16    subsequent to  the  date  of  his  licensure  as  a  licensed
17    pharmacist in the State of Illinois.  There shall be 2 public
18    members,  who  shall  be  voting  members,  who  shall not be
19    licensed pharmacists in this State or any other state.
20        Each member shall be appointed by the Governor.
21        The terms of all members serving as  of  March  31,  1999
22    shall  expire  on  that  date.   The Governor shall appoint 3
23    persons to serve one-year terms, 3 persons  to  serve  3-year
24    terms,  and 3 persons to serve 5-year terms to begin April 1,
25    1999.  Otherwise, members shall be appointed to 5 year terms.
26    No 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
30    the  members  of  the   profession   of   pharmacy   and   by
31    pharmaceutical  organizations  therein.   The  Governor shall
 
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 1    notify  the  pharmaceutical  organizations  promptly  of  any
 2    vacancy of members on the Board  and  in  appointing  members
 3    shall  give consideration to individuals engaged in all types
 4    and settings of pharmacy practice.
 5        The Governor may remove  any  member  of  the  Board  for
 6    misconduct, incapacity or neglect of duty and he shall be the
 7    sole judge of the sufficiency of the cause for removal.
 8        Every  person  appointed a member of the Board shall take
 9    and subscribe the constitutional oath of office and  file  it
10    with  the Secretary of State.  Each member of the Board shall
11    be reimbursed for such actual and legitimate expenses  as  he
12    may  incur  in  going  to  and  from the place of meeting and
13    remaining thereat during sessions of the Board.  In addition,
14    each member of the Board shall receive a per diem payment  in
15    an  amount  determined  from time to time by the Director for
16    attendance at meetings of  the  Board  and  conducting  other
17    official business of the Board.
18        The  Board  shall  hold  quarterly meetings and an annual
19    meeting in January of each year and such  other  meetings  at
20    such  times  and places and upon such notice as the Board may
21    determine and as its business may require.  Five  members  of
22    the  Board  shall  constitute a quorum for the transaction of
23    business.  The Director shall appoint a pharmacy coordinator,
24    who shall be someone other than a member of the  Board.   The
25    pharmacy coordinator shall be a registered pharmacist in good
26    standing  in this State, shall be a graduate of an accredited
27    college of pharmacy, or hold  at  a  minimum  a  Bachelor  of
28    Science  degree  in Pharmacy and shall have at least 5 years'
29    experience in the practice of pharmacy immediately  prior  to
30    his  appointment.   The  pharmacy  coordinator  shall  be the
31    executive administrator and the chief enforcement officer  of
32    the Pharmacy Practice Act of 1987.
33        The  Board  shall  exercise the rights, powers and duties
34    which have been vested in the Board under this Act,  and  any
 
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 1    other duties conferred upon the Board by law.
 2        The  Director  shall,  in  conformity  with the Personnel
 3    Code, employ not less than 7  pharmacy  investigators  and  2
 4    pharmacy  supervisors.   Each  pharmacy investigator and each
 5    supervisor shall be a registered pharmacist in good  standing
 6    in  this  State,  and  shall  be  a graduate of an accredited
 7    college of pharmacy and have at least 5 years  of  experience
 8    in  the  practice  of  pharmacy.    The Department shall also
 9    employ at least one attorney who is a pharmacist to prosecute
10    violations of this Act and its rules.  The Department may, in
11    conformity with the Personnel Code, employ such clerical  and
12    other  employees  as are necessary to carry out the duties of
13    the Board.
14        The  duly  authorized  pharmacy  investigators   of   the
15    Department  shall  have the right to enter and inspect during
16    business hours any pharmacy or any other place in  the  State
17    of  Illinois  holding  itself  out  to  be  a  pharmacy where
18    medicines or drugs or drug products or proprietary  medicines
19    are  sold,  offered  for  sale, exposed for sale, or kept for
20    sale.   The  pharmacy  investigators  shall   be   the   only
21    Department  investigators authorized to inspect, investigate,
22    and  monitor  probation   compliance   of   pharmacists   and
23    pharmacies.
24    (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)