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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||||
5 | changing Sections 14, 15, 18, and 30 as follows:
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6 | (225 ILCS 85/14) (from Ch. 111, par. 4134)
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7 | (Section scheduled to be repealed on January 1, 2008)
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8 | Sec. 14. Structural and equipment requirements. No person | ||||||||||||||||||||||||||||||
9 | shall establish
or move to a new location any
pharmacy unless | ||||||||||||||||||||||||||||||
10 | the pharmacy is licensed with the Department and has on
file | ||||||||||||||||||||||||||||||
11 | with the Department a verified statement that:
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12 | (1) such pharmacy is or will be engaged in the practice | ||||||||||||||||||||||||||||||
13 | of
pharmacy; and
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14 | (2) other than a Division VI pharmacy, such pharmacy | ||||||||||||||||||||||||||||||
15 | will have in stock and shall maintain
sufficient
drugs and | ||||||||||||||||||||||||||||||
16 | materials as to protect the public it serves within
30 days | ||||||||||||||||||||||||||||||
17 | after the
issuance of the registration of the pharmacy.
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18 | Division I, II, III, IV, or V pharmacies shall be in
a | ||||||||||||||||||||||||||||||
19 | suitable,
well-lighted and well-ventilated
area with at least | ||||||||||||||||||||||||||||||
20 | 300 square feet of clean and sanitary contiguous
space and | ||||||||||||||||||||||||||||||
21 | shall be suitably equipped for compounding prescriptions,
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22 | storage of drugs and sale of drugs and to otherwise conduct the | ||||||||||||||||||||||||||||||
23 | practice
of pharmacy. The space occupied shall be equipped with | ||||||||||||||||||||||||||||||
24 | a sink with
hot and cold water or facilities for heating water, | ||||||||||||||||||||||||||||||
25 | proper
sewage outlet,
refrigeration storage equipment, and | ||||||||||||||||||||||||||||||
26 | such fixtures, facilities, drugs,
equipment and material, | ||||||||||||||||||||||||||||||
27 | which shall include the current editions of the United
States | ||||||||||||||||||||||||||||||
28 | Pharmacopoeia/DI, Facts and Comparisons, or any other current | ||||||||||||||||||||||||||||||
29 | compendium
approved by the Department, and other such reference | ||||||||||||||||||||||||||||||
30 | works, as will enable a
pharmacist to practice pharmacy, | ||||||||||||||||||||||||||||||
31 | including this Act and the rules promulgated
under this Act. | ||||||||||||||||||||||||||||||
32 | Such pharmacy shall have the following items:
accurate weights |
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1 | of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription
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2 | balance equipped with balance indicator and with mechanical | ||||||
3 | means of arresting
the oscillations of the mechanism and which | ||||||
4 | balance shall be sensitive to 0.5
grain (32 mg) or less or an | ||||||
5 | alternative weighing device as approved by the
Department, and | ||||||
6 | such other measuring devices as may be necessary for
the | ||||||
7 | conduct of the practice of pharmacy.
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8 | The provisions of this Section with regard to 300 square | ||||||
9 | feet of space
shall apply to any pharmacy which is opened after | ||||||
10 | the effective date
of this Act. Nothing shall require a | ||||||
11 | pharmacy in existence on the
effective date of this Act which | ||||||
12 | is comprised of less than 300 square
feet to provide additional | ||||||
13 | space to meet these requirements.
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14 | The structural and equipment requirements for a Division VI | ||||||
15 | pharmacy shall be set by rule.
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16 | (Source: P.A. 92-880, eff. 1-1-04.)
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17 | (225 ILCS 85/15) (from Ch. 111, par. 4135)
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18 | (Section scheduled to be repealed on January 1, 2008)
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19 | Sec. 15. Pharmacy requirements. It shall be unlawful
for | ||||||
20 | the owner of any pharmacy, as defined in this Act, to operate | ||||||
21 | or conduct
the same, or to allow the same to be
operated or | ||||||
22 | conducted, unless:
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23 | (a) It has a licensed pharmacist, authorized to practice | ||||||
24 | pharmacy
in this State under the provisions of this Act, on | ||||||
25 | duty whenever the
practice of pharmacy is conducted;
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26 | (b) Security provisions for all drugs and devices, as | ||||||
27 | determined by
rule of the Department, are provided during the | ||||||
28 | absence from the licensed
pharmacy of all licensed pharmacists. | ||||||
29 | Maintenance of security provisions
is the responsibility of the | ||||||
30 | licensed registered pharmacist in charge;
and
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31 | (c) The pharmacy is licensed under this Act to do business.
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32 | The Department shall, by rule, provide requirements for | ||||||
33 | each division
of pharmacy license and shall, as well provide | ||||||
34 | guidelines for the designation
of a registered pharmacist in | ||||||
35 | charge for each division.
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1 | Division I. Retail Licenses for pharmacies which are open | ||||||
2 | to, or offer
pharmacy services to, the general public.
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3 | Division II. Licenses for pharmacies whose primary | ||||||
4 | pharmacy service
is provided to patients or residents of | ||||||
5 | facilities licensed under the
Nursing Home Care Act or the | ||||||
6 | Hospital Licensing Act,
or "An Act in relation to the
founding | ||||||
7 | and operation of the University of Illinois Hospital and the
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8 | conduct of University of Illinois health care programs", | ||||||
9 | approved July 3,
1931, as amended,
and which are not located in | ||||||
10 | the facilities they serve.
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11 | Division III. Licenses for pharmacies which are located in | ||||||
12 | a facility
licensed under the Nursing Home Care Act or the | ||||||
13 | Hospital
Licensing Act,
or "An Act in relation to the
founding | ||||||
14 | and operation of the University of Illinois Hospital and the
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15 | conduct of University of Illinois health care programs", | ||||||
16 | approved July 3,
1931, as amended,
or a facility which is | ||||||
17 | operated by the Department of Human
Services (as successor to | ||||||
18 | the Department of Mental Health
and Developmental | ||||||
19 | Disabilities) or the Department of Corrections,
and which | ||||||
20 | provide pharmacy services to residents or patients of the
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21 | facility, as well as employees, prescribers and students of the | ||||||
22 | facility.
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23 | Division IV. Licenses for pharmacies which provide or offer | ||||||
24 | for sale
radioactive materials.
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25 | Division V. Licenses for pharmacies which hold licenses in | ||||||
26 | Division
II or Division III which also provide pharmacy | ||||||
27 | services to the general
public, or pharmacies which are located | ||||||
28 | in or whose primary pharmacy
service is to ambulatory care | ||||||
29 | facilities or schools of veterinary medicine
or other such | ||||||
30 | institution or facility.
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31 | Division VI. Licenses for pharmacies located in Illinois | ||||||
32 | and providing pharmaceutical care to patients of institutions | ||||||
33 | maintaining a Division III pharmacy on its premises without | ||||||
34 | using its own stock of drugs. The pharmaceutical care shall | ||||||
35 | only be given in conjunction with the Division III pharmacy. No | ||||||
36 | services shall be provided to the public. Each Division VI |
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1 | pharmacy shall file with the Department a notarized statement | ||||||
2 | identifying the institutions to which it provides services | ||||||
3 | within 10 days of providing services. A pharmacy maintaining a | ||||||
4 | Division I, II, or IV license may not apply for a Division VI | ||||||
5 | license. Nothing in this paragraph shall constitute a change to | ||||||
6 | the practice of pharmacy as defined in Section 3.
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7 | The Director may waive the requirement for a pharmacist to | ||||||
8 | be on duty
at all times for State facilities not treating human | ||||||
9 | ailments.
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10 | It shall be unlawful for any person, who is not a licensed | ||||||
11 | pharmacy
or health care facility, to purport to be such or to | ||||||
12 | use in name, title,
or sign designating, or in connection with | ||||||
13 | that place of business,
any of the words: "pharmacy", | ||||||
14 | "pharmacist", "pharmacy department",
"apothecary", "druggist", | ||||||
15 | "drug", "drugs", "medicines", "medicine store",
"drug | ||||||
16 | sundries", "prescriptions filled", or any list of words | ||||||
17 | indicating
that drugs are compounded or sold to the lay public, | ||||||
18 | or prescriptions
are dispensed therein. Each day during which, | ||||||
19 | or a part which, such
representation is made or appears or such | ||||||
20 | a sign is allowed to remain
upon or in such a place of business | ||||||
21 | shall constitute a separate offense
under this Act.
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22 | The holder of any license or certificate of registration | ||||||
23 | shall conspicuously
display it in the pharmacy in which he is | ||||||
24 | engaged in the practice of
pharmacy. The registered pharmacist | ||||||
25 | in charge shall conspicuously
display his name in such | ||||||
26 | pharmacy. The pharmacy license shall also
be conspicuously | ||||||
27 | displayed.
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28 | (Source: P.A. 92-880, eff. 1-1-04.)
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29 | (225 ILCS 85/18) (from Ch. 111, par. 4138)
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30 | (Section scheduled to be repealed on January 1, 2008)
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31 | Sec. 18. Record retention.
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32 | (a) Except as provided in subsection (b), there shall be | ||||||
33 | kept in every drugstore or
pharmacy a suitable
book, file, or | ||||||
34 | electronic record keeping system in which shall be preserved
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35 | for a period of not less than 5 years the original of every |
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1 | written
prescription and the original transcript or copy of | ||||||
2 | every verbal prescription
filled, compounded, or dispensed, in | ||||||
3 | such pharmacy; and such book or
file of prescriptions shall at | ||||||
4 | all reasonable times be open to inspection
to the pharmacy | ||||||
5 | coordinator and the duly authorized agents or
employees of the | ||||||
6 | Department.
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7 | Every prescription filled or refilled shall contain the
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8 | unique identifier of the person authorized to practice
pharmacy | ||||||
9 | under the provision of this Act who fills or refills the
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10 | prescription.
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11 | Records kept pursuant to this Section may be maintained in | ||||||
12 | an alternative
data retention system, such as a direct digital | ||||||
13 | imaging system, provided that:
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14 | (1) the records maintained in the alternative data | ||||||
15 | retention system
contain all of the information required in | ||||||
16 | a manual record;
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17 | (2) the data processing system is capable of producing | ||||||
18 | a hard copy of the
electronic record on the request of the | ||||||
19 | Board, its representative, or other
authorized local, | ||||||
20 | State, or federal law enforcement or regulatory agency; and
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21 | (3) the digital images are recorded and stored only by | ||||||
22 | means of a
technology that does not allow subsequent | ||||||
23 | revision or replacement of the
images.
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24 | As used in this Section, "digital imaging system" means a | ||||||
25 | system, including
people, machines, methods of organization, | ||||||
26 | and procedures, that provides input,
storage, processing, | ||||||
27 | communications, output, and control functions for
digitized
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28 | representations of original prescription records.
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29 | Inpatient drug orders may be maintained
within an | ||||||
30 | institution in a manner approved by the Department.
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31 | (b) The record retention requirements for a Division VI | ||||||
32 | pharmacy shall be set by rule.
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33 | (Source: P.A. 92-880, eff. 1-1-04.)
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34 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
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35 | (Section scheduled to be repealed on January 1, 2008)
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1 | Sec. 30. (a) In accordance with Section 11 of this Act, the | ||||||
2 | Department
may refuse to issue, restore, or renew, or may | ||||||
3 | revoke, suspend, place on
probation, reprimand or take other | ||||||
4 | disciplinary action as the Department
may deem proper with | ||||||
5 | regard to any license or certificate of registration
for any | ||||||
6 | one or combination of the following causes:
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7 | 1. Material misstatement in furnishing information to | ||||||
8 | the Department.
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9 | 2. Violations of this Act, or the rules promulgated | ||||||
10 | hereunder.
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11 | 3. Making any misrepresentation for the purpose of | ||||||
12 | obtaining licenses.
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13 | 4. A pattern of conduct which demonstrates | ||||||
14 | incompetence or unfitness
to practice.
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15 | 5. Aiding or assisting another person in violating any | ||||||
16 | provision of
this Act or rules.
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17 | 6. Failing, within 60 days, to respond to a written | ||||||
18 | request made by
the Department for information.
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19 | 7. Engaging in dishonorable, unethical or | ||||||
20 | unprofessional conduct of
a character likely to deceive, | ||||||
21 | defraud or harm the public.
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22 | 8. Discipline by another U.S. jurisdiction or foreign | ||||||
23 | nation, if at
least one of the grounds for the discipline | ||||||
24 | is the same or substantially
equivalent to those set forth | ||||||
25 | herein.
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26 | 9. Directly or indirectly giving to or receiving from | ||||||
27 | any person, firm,
corporation, partnership or association | ||||||
28 | any fee, commission, rebate
or other form of compensation | ||||||
29 | for any professional services not actually
or personally | ||||||
30 | rendered.
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31 | 10. A finding by the Department that the licensee, | ||||||
32 | after having his
license placed on probationary status has | ||||||
33 | violated the terms of probation.
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34 | 11. Selling or engaging in the sale of drug samples | ||||||
35 | provided at no
cost by drug manufacturers.
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36 | 12. Physical illness, including but not limited to, |
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1 | deterioration through
the aging process, or loss of motor | ||||||
2 | skill which results in the inability
to practice the | ||||||
3 | profession with reasonable judgment, skill or safety.
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4 | 13. A finding that licensure or registration has been | ||||||
5 | applied for or
obtained by fraudulent means.
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6 | 14. The applicant, or licensee has been convicted in | ||||||
7 | state or federal
court of any crime which is a felony or | ||||||
8 | any misdemeanor related to
the practice of pharmacy, of | ||||||
9 | which an essential element is dishonesty.
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10 | 15. Habitual or excessive use or addiction to alcohol, | ||||||
11 | narcotics, stimulants
or any other chemical agent or drug | ||||||
12 | which results in the inability
to practice with reasonable | ||||||
13 | judgment, skill or safety.
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14 | 16. Willfully making or filing false records or reports | ||||||
15 | in the practice
of pharmacy, including, but not limited to | ||||||
16 | false records to support
claims against the medical | ||||||
17 | assistance program of the Department of
Public Aid under | ||||||
18 | the Public Aid Code.
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19 | 17. Gross and willful overcharging for professional | ||||||
20 | services including
filing false statements for collection | ||||||
21 | of fees for which services are
not rendered, including, but | ||||||
22 | not limited to, filing false statements
for collection of | ||||||
23 | monies for services not rendered from the medical
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24 | assistance program of the Department of Public Aid under | ||||||
25 | the Public Aid Code.
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26 | 18. Repetitiously dispensing prescription drugs | ||||||
27 | without receiving a
written or oral prescription.
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28 | 19. Upon a finding of a substantial discrepancy in a | ||||||
29 | Department audit
of a prescription drug, including | ||||||
30 | controlled substances, as that term
is defined in this Act | ||||||
31 | or in the Illinois Controlled Substances Act.
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32 | 20. Physical illness which results in the inability to | ||||||
33 | practice with
reasonable judgment, skill or safety, or | ||||||
34 | mental incompetency as declared
by a court of competent | ||||||
35 | jurisdiction.
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36 | 21. Violation of the Health Care Worker Self-Referral |
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1 | Act.
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2 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
3 | poison in good
faith. "Good faith", for the purposes of | ||||||
4 | this Section, has the meaning
ascribed
to it in subsection | ||||||
5 | (u) of Section 102 of the Illinois Controlled Substances
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6 | Act.
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7 | 23. Interfering with the professional judgment of a | ||||||
8 | pharmacist by
any registrant under this Act, or his or her | ||||||
9 | agents or employees.
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10 | (b) The Department may refuse to issue or may suspend the | ||||||
11 | license or
registration of any person who fails to file a | ||||||
12 | return, or to pay the tax,
penalty or interest shown in a filed | ||||||
13 | return, or to pay any final assessment
of tax, penalty or | ||||||
14 | interest, as required by any tax Act administered by the
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15 | Illinois Department of Revenue, until such time as the | ||||||
16 | requirements of any
such tax Act are satisfied.
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17 | (c) The Department shall revoke the license or certificate | ||||||
18 | of
registration issued under the provisions of this Act or any | ||||||
19 | prior Act of
this State of any person who has been convicted a | ||||||
20 | second time of committing
any felony under the Illinois | ||||||
21 | Controlled Substances Act, or who
has been convicted a second | ||||||
22 | time of committing a Class 1 felony under
Sections 8A-3 and | ||||||
23 | 8A-6 of the Illinois Public Aid Code. A
person whose license or | ||||||
24 | certificate of registration issued under the
provisions of this | ||||||
25 | Act or any prior Act of this State is revoked under this
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26 | subsection (c) shall be prohibited from engaging in the | ||||||
27 | practice of
pharmacy in this State.
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28 | (d) In any order issued in resolution of a disciplinary | ||||||
29 | proceeding,
the Board may request any licensee found guilty of | ||||||
30 | a charge involving a
significant violation of subsection (a) of | ||||||
31 | Section 5, or paragraph 19 of
Section 30 as it pertains to | ||||||
32 | controlled substances, to pay to the
Department a fine not to | ||||||
33 | exceed $2,000.
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34 | (e) In any order issued in resolution of a disciplinary | ||||||
35 | proceeding, in
addition to any other disciplinary action, the | ||||||
36 | Board may request any
licensee found guilty of noncompliance |
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1 | with the continuing education
requirements of Section 12 to pay | ||||||
2 | the Department a fine not to exceed $1000.
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3 | (f) The Department shall issue quarterly to the Board a | ||||||
4 | status of all
complaints related to the profession received by | ||||||
5 | the Department.
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6 | (g) In enforcing this Section, the Board may, upon a | ||||||
7 | showing of a possible violation of this Act, compel a licensee | ||||||
8 | or applicant to submit to a mental or physical examination, or | ||||||
9 | both, as required by and at the expense of the Department. The | ||||||
10 | examining physicians or clinical psychologists shall be those | ||||||
11 | specifically designated by the Board. The Board or the | ||||||
12 | Department may order (i) the examining physician to present | ||||||
13 | testimony concerning the mental or physical examination of a | ||||||
14 | licensee or applicant or (ii) the examining clinical | ||||||
15 | psychologist to present testimony concerning the mental | ||||||
16 | examination of a licensee or applicant. No information shall be | ||||||
17 | excluded by reason of any common law or statutory privilege | ||||||
18 | relating to communications between a licensee or applicant and | ||||||
19 | the examining physician or clinical psychologist. An | ||||||
20 | individual to be examined may have, at his or her own expense, | ||||||
21 | another physician or clinical psychologist of his or her choice | ||||||
22 | present during all aspects of the examination. Failure of an | ||||||
23 | individual to submit to a mental or physical examination, when | ||||||
24 | directed, is grounds for suspension of his or her license. The | ||||||
25 | license must remain suspended until the individual submits to | ||||||
26 | the examination or the Board finds, after notice and hearing, | ||||||
27 | that the refusal to submit to the examination was with | ||||||
28 | reasonable cause. | ||||||
29 | If the Board finds an individual unable to practice because | ||||||
30 | of the reasons set forth in this Section, the Board must | ||||||
31 | require the individual to submit to care, counseling, or | ||||||
32 | treatment by a physician or clinical psychologist approved by | ||||||
33 | the Board as a condition, term, or restriction for continued, | ||||||
34 | restored, or renewed licensure to practice. In lieu of care, | ||||||
35 | counseling, or treatment, the Board may recommend that the | ||||||
36 | Department immediately suspend or revoke the license of the |
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1 | individual or otherwise discipline the licensee. | ||||||
2 | Any individual whose license was issued, continued, | ||||||
3 | restored, or renewed subject to conditions, terms, or | ||||||
4 | restrictions, as provided for in this Section, or any | ||||||
5 | individual who was disciplined or placed on supervision | ||||||
6 | pursuant to this Section must be referred to the Director for a | ||||||
7 | determination as to whether the person shall have his or her | ||||||
8 | license suspended immediately, pending a hearing by the Board.
| ||||||
9 | (Source: P.A. 92-880, eff. 1-1-04.)
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|