93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2254


 
Introduced 1/15/2004, by Emil Jones Jr.
 
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.



















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A BILL FOR









 














SB2254

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    AN ACT concerning professional regulation. 

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


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


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

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    (Section scheduled to be repealed on January 1, 2008)


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


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    Each member shall be appointed by the Governor.


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


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


 









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


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


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

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the Board.


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

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


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


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


 









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

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


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


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