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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 Regulatory Sunset Act is amended by changing | ||||||
5 | Sections 4.30 and 4.33 as follows: | ||||||
6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Community Association Manager Licensing and | ||||||
10 | Disciplinary Act. | ||||||
11 | The Illinois Landscape Architecture Act of 1989.
| ||||||
12 | The Pharmacy Practice Act. | ||||||
13 | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | ||||||
14 | 100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff. | ||||||
15 | 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, | ||||||
16 | eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; | ||||||
17 | 101-357, eff. 8-9-19; revised 9-27-19.) | ||||||
18 | (5 ILCS 80/4.33) | ||||||
19 | Sec. 4.33. Acts repealed on January 1,
2023. The following | ||||||
20 | Acts are
repealed on January 1, 2023: | ||||||
21 | The Dietitian Nutritionist Practice Act. | ||||||
22 | The Elevator Safety and Regulation Act.
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1 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
2 | of 2011. | ||||||
3 | The Funeral Directors and Embalmers Licensing Code. | ||||||
4 | The Naprapathic Practice Act. | ||||||
5 | The Pharmacy Practice Act. | ||||||
6 | The Professional Counselor and Clinical Professional | ||||||
7 | Counselor
Licensing and Practice Act. | ||||||
8 | The Wholesale Drug Distribution Licensing Act. | ||||||
9 | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | ||||||
10 | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | ||||||
11 | 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.) | ||||||
12 | Section 10. The Pharmacy Practice Act is amended by | ||||||
13 | changing Sections 4.5, 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9, | ||||||
14 | 35.10, and 35.21 and by adding Sections 15.1 and 22c as | ||||||
15 | follows: | ||||||
16 | (225 ILCS 85/4.5) | ||||||
17 | (Section scheduled to be repealed on January 1, 2020) | ||||||
18 | Sec. 4.5. The Collaborative Pharmaceutical Task Force. In | ||||||
19 | order to protect the public and provide quality pharmaceutical | ||||||
20 | care, the Collaborative Pharmaceutical Task Force is | ||||||
21 | established. The Task Force shall discuss how to further | ||||||
22 | advance the practice of pharmacy in a manner that recognizes | ||||||
23 | the needs of the healthcare system, patients, pharmacies, | ||||||
24 | pharmacists, and pharmacy technicians. As a part of its |
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1 | discussions, the Task Force shall consider, at a minimum, the | ||||||
2 | following: | ||||||
3 | (1) the extent to which providing whistleblower | ||||||
4 | protections for pharmacists and pharmacy technicians | ||||||
5 | reporting violation of worker policies and requiring | ||||||
6 | pharmacies to have at least one pharmacy technician on duty | ||||||
7 | whenever the practice of pharmacy is conducted, to set a | ||||||
8 | prescription filling limit of not more than 10 | ||||||
9 | prescriptions filled per hour, to mandate at least 10 | ||||||
10 | pharmacy technician hours per 100 prescriptions filled, to | ||||||
11 | place a general prohibition on activities that distract | ||||||
12 | pharmacists, to provide a pharmacist a minimum of 2 | ||||||
13 | 15-minute paid rest breaks and one 30-minute meal period in | ||||||
14 | each workday on which the pharmacist works at least 7 | ||||||
15 | hours, to not require a pharmacist to work during a break | ||||||
16 | period, to pay to the pharmacist 3 times the pharmacist's | ||||||
17 | regular hourly rate of pay for each workday during which | ||||||
18 | the required breaks were not provided, to make available at | ||||||
19 | all times a room on the pharmacy's premises with adequate | ||||||
20 | seating and tables for the purpose of allowing a pharmacist | ||||||
21 | to enjoy break periods in a clean and comfortable | ||||||
22 | environment, to keep a complete and accurate record of the | ||||||
23 | break periods of its pharmacists, to limit a pharmacist | ||||||
24 | from working more than 8 hours a workday, and to retain | ||||||
25 | records of any errors in the receiving, filling, or | ||||||
26 | dispensing of prescriptions of any kind could be integrated |
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1 | into the Pharmacy Practice Act; and | ||||||
2 | (2) the extent to which requiring the Department to | ||||||
3 | adopt rules requiring pharmacy prescription systems | ||||||
4 | contain mechanisms to require prescription discontinuation | ||||||
5 | orders to be forwarded to a pharmacy, to require patient | ||||||
6 | verification features for pharmacy automated prescription | ||||||
7 | refills, and to require that automated prescription | ||||||
8 | refills notices clearly communicate to patients the | ||||||
9 | medication name, dosage strength, and any other | ||||||
10 | information required by the Department governing the use of | ||||||
11 | automated dispensing and storage systems to ensure that | ||||||
12 | discontinued medications are not dispensed to a patient by | ||||||
13 | a pharmacist or by any automatic refill dispensing systems | ||||||
14 | whether prescribed through electronic prescriptions or | ||||||
15 | paper prescriptions may be integrated into the Pharmacy | ||||||
16 | Practice Act to better protect the public. | ||||||
17 | In developing standards related to its discussions, the | ||||||
18 | Collaborative Pharmaceutical Task Force shall consider the | ||||||
19 | extent to which Public Act 99-473 (enhancing continuing | ||||||
20 | education requirements for pharmacy technicians) and Public | ||||||
21 | Act 99-863 (enhancing reporting requirements to the Department | ||||||
22 | of pharmacy employee terminations) may be relevant to the | ||||||
23 | issues listed in paragraphs (1) and (2). | ||||||
24 | The voting members of the Collaborative Pharmaceutical | ||||||
25 | Task Force shall be appointed as follows: | ||||||
26 | (1) the Speaker of the House of Representatives, or his |
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1 | or her designee, shall appoint: a representative of a | ||||||
2 | statewide organization exclusively representing retailers, | ||||||
3 | including pharmacies; and a retired licensed pharmacist | ||||||
4 | who has previously served on the Board of Pharmacy and on | ||||||
5 | the executive committee of a national association | ||||||
6 | representing pharmacists and who shall serve as the | ||||||
7 | chairperson of the Collaborative Pharmaceutical Task | ||||||
8 | Force; | ||||||
9 | (2) the President of the Senate, or his or her | ||||||
10 | designee, shall appoint: a representative of a statewide | ||||||
11 | organization representing pharmacists; and a | ||||||
12 | representative of a statewide organization representing | ||||||
13 | unionized pharmacy employees; | ||||||
14 | (3) the Minority Leader of the House of | ||||||
15 | Representatives, or his or her designee, shall appoint: a | ||||||
16 | representative of a statewide organization representing | ||||||
17 | physicians licensed to practice medicine in all its | ||||||
18 | branches in Illinois; and a representative of a statewide | ||||||
19 | professional association representing pharmacists, | ||||||
20 | pharmacy technicians, pharmacy students, and others | ||||||
21 | working in or with an interest in hospital and | ||||||
22 | health-system pharmacy; and | ||||||
23 | (4) the Minority Leader of the Senate, or his or her | ||||||
24 | designee, shall appoint: a representative of a statewide | ||||||
25 | organization representing hospitals; and a representative | ||||||
26 | of a statewide association exclusively representing |
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1 | long-term care pharmacists. | ||||||
2 | The Secretary, or his or her designee, shall appoint the | ||||||
3 | following non-voting members of the Task Force: a | ||||||
4 | representative of the University of Illinois at Chicago College | ||||||
5 | of Pharmacy; a clinical pharmacist who has done extensive study | ||||||
6 | in pharmacy e-prescribing and e-discontinuation; and a | ||||||
7 | representative of the Department. | ||||||
8 | The Department shall provide administrative support to the | ||||||
9 | Collaborative Pharmaceutical Task Force. The Collaborative | ||||||
10 | Pharmaceutical Task Force shall meet at least monthly at the | ||||||
11 | call of the chairperson. | ||||||
12 | No later than September 1, 2019, the voting members of the | ||||||
13 | Collaborative Pharmaceutical Task Force shall vote on | ||||||
14 | recommendations concerning the standards in paragraphs (1) and | ||||||
15 | (2) of this Section. | ||||||
16 | No later than November 1, 2019, the Department, in direct | ||||||
17 | consultation with the Collaborative Pharmaceutical Task Force, | ||||||
18 | shall propose rules for adoption that are consistent with the | ||||||
19 | Collaborative Pharmaceutical Task Force's recommendations, or | ||||||
20 | recommend legislation to the General Assembly, concerning the | ||||||
21 | standards in paragraphs (1) and (2) of this Section. | ||||||
22 | For the purposes of continuing dialogue on best practices | ||||||
23 | for pharmacy in the State of Illinois, the Task Force shall be | ||||||
24 | reconvened beginning January 1, 2020. Members who served on the | ||||||
25 | Task Force before January 1, 2020 shall continue to serve. The | ||||||
26 | following additional voting members shall be appointed to the |
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1 | Task Force as follows: | ||||||
2 | (A) one representative of a statewide organization | ||||||
3 | exclusively representing retailers, including pharmacies, | ||||||
4 | who shall be appointed by the Governor; | ||||||
5 | (B) one representative of a statewide organization | ||||||
6 | representing unionized pharmacy employees who shall be | ||||||
7 | appointed by the Governor; | ||||||
8 | (C) one member of the General Assembly who shall be | ||||||
9 | appointed by the Speaker of the House of Representatives; | ||||||
10 | (D) one member of the General Assembly who shall be | ||||||
11 | appointed by the Minority Leader of the House of | ||||||
12 | Representatives; | ||||||
13 | (E) one member of the General Assembly who shall be | ||||||
14 | appointed by the President of the Senate; and | ||||||
15 | (F) one member of the General Assembly who shall be | ||||||
16 | appointed by the Minority Leader of the Senate. | ||||||
17 | All provisions relating to the operation and meeting of the | ||||||
18 | Task Force shall continue to apply during the extended period | ||||||
19 | beginning January 1, 2020. | ||||||
20 | No later than October 1, 2020, the voting members of the | ||||||
21 | Task Force shall vote on recommendations that are in addition | ||||||
22 | to those voted on on or before September 1, 2019. | ||||||
23 | No later than November 1, 2020, the Department, in direct | ||||||
24 | consultation with the Task Force, shall propose rules for | ||||||
25 | adoption that are consistent with the Task Force's | ||||||
26 | recommendations, or recommend legislation to the General |
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1 | Assembly, concerning the items considered by the Task Force. | ||||||
2 | This Section is repealed on November 1, 2021 2020 .
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3 | (Source: P.A. 100-497, eff. 9-8-17.)
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4 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
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5 | (Section scheduled to be repealed on January 1, 2020)
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6 | Sec. 9. Licensure as registered pharmacy technician. | ||||||
7 | (a) Any person shall be entitled
to licensure as a | ||||||
8 | registered pharmacy technician who is of the age of 16
or over, | ||||||
9 | has not engaged in conduct or behavior determined to be grounds | ||||||
10 | for
discipline under this Act, is attending or has
graduated | ||||||
11 | from an accredited high school or comparable school or | ||||||
12 | educational
institution or received a high school equivalency | ||||||
13 | certificate, and has filed a written or electronic application | ||||||
14 | for licensure on a form
to be prescribed and furnished by the | ||||||
15 | Department for that purpose. The
Department shall issue a | ||||||
16 | license as a registered pharmacy technician to any applicant | ||||||
17 | who has
qualified as aforesaid, and such license shall be the | ||||||
18 | sole authority
required to assist licensed pharmacists in the | ||||||
19 | practice of pharmacy, under
the supervision of a licensed | ||||||
20 | pharmacist. A registered pharmacy technician may, under the | ||||||
21 | supervision of a pharmacist, assist in the practice of pharmacy | ||||||
22 | and perform such functions as assisting in the dispensing | ||||||
23 | process, offering counseling, receiving new verbal | ||||||
24 | prescription orders, and having prescriber contact concerning | ||||||
25 | prescription drug order clarification. A registered pharmacy |
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1 | technician may be delegated to perform any task within the | ||||||
2 | practice of pharmacy if specifically trained for that task, | ||||||
3 | except for not engage in patient counseling, drug regimen | ||||||
4 | review, or clinical conflict resolution. | ||||||
5 | (b) Beginning on January 1, 2017, within 2 years after | ||||||
6 | initial licensure as a registered pharmacy technician, the | ||||||
7 | licensee must meet the requirements described in Section 9.5 of | ||||||
8 | this Act and become licensed as a registered certified pharmacy | ||||||
9 | technician. If the licensee has not yet attained the age of 18, | ||||||
10 | then upon the next renewal as a registered pharmacy technician, | ||||||
11 | the licensee must meet the requirements described in Section | ||||||
12 | 9.5 of this Act and become licensed as a registered certified | ||||||
13 | pharmacy technician. This requirement does not apply to | ||||||
14 | pharmacy technicians registered prior to January 1, 2008.
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15 | (c) Any person registered
as a pharmacy technician who is | ||||||
16 | also enrolled in a first professional
degree program in | ||||||
17 | pharmacy in a school or college of pharmacy or a
department of | ||||||
18 | pharmacy of a university approved by the Department or has | ||||||
19 | graduated from such a program within the last 18 months, shall | ||||||
20 | be
considered a "student pharmacist"
and entitled to use the | ||||||
21 | title "student pharmacist". A student pharmacist must meet all | ||||||
22 | of the requirements for licensure as a registered pharmacy | ||||||
23 | technician set forth in this Section excluding the requirement | ||||||
24 | of certification prior to the second license renewal and pay | ||||||
25 | the required registered pharmacy technician license fees. A | ||||||
26 | student pharmacist may, under the supervision of a pharmacist, |
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1 | assist in the practice of pharmacy and perform any and all | ||||||
2 | functions delegated to him or her by the pharmacist. | ||||||
3 | (d) Any person seeking licensure as a pharmacist who has | ||||||
4 | graduated from a pharmacy program outside the United States | ||||||
5 | must register as a pharmacy technician and shall be considered | ||||||
6 | a "student pharmacist" and be entitled to use the title | ||||||
7 | "student pharmacist" while completing the 1,200 clinical hours | ||||||
8 | of training approved by the Board of Pharmacy described and for | ||||||
9 | no more than 18 months after completion of these hours. These | ||||||
10 | individuals are not required to become registered certified | ||||||
11 | pharmacy technicians while completing their Board approved | ||||||
12 | clinical training, but must become licensed as a pharmacist or | ||||||
13 | become licensed as a registered certified pharmacy technician | ||||||
14 | before the second pharmacy technician license renewal | ||||||
15 | following completion of the Board approved clinical training. | ||||||
16 | (e) The Department shall not renew the registered pharmacy | ||||||
17 | technician license of any person who has been licensed as a | ||||||
18 | registered pharmacy technician with the designation "student | ||||||
19 | pharmacist" who: (1) has dropped out of or been expelled from | ||||||
20 | an ACPE accredited college of pharmacy; (2) has failed to | ||||||
21 | complete his or her 1,200 hours of Board approved clinical | ||||||
22 | training within 24 months; or (3) has failed the pharmacist | ||||||
23 | licensure examination 3 times. The Department shall require | ||||||
24 | these individuals to meet the requirements of and become | ||||||
25 | licensed as a registered certified pharmacy technician. | ||||||
26 | (f) The Department may
take any action set forth in Section |
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1 | 30 of this Act with regard to a license
pursuant to this | ||||||
2 | Section.
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3 | (g) Any person who is enrolled in a non-traditional | ||||||
4 | Pharm.D.
program at an ACPE accredited college of pharmacy and | ||||||
5 | is licensed as a registered pharmacist
under the laws of | ||||||
6 | another United States jurisdiction shall be permitted to
engage | ||||||
7 | in the program of practice experience required in the academic | ||||||
8 | program
by virtue of such license. Such person shall be exempt | ||||||
9 | from the requirement
of licensure as a registered pharmacy | ||||||
10 | technician or registered certified pharmacy technician while | ||||||
11 | engaged in the
program of practice experience required in the | ||||||
12 | academic program.
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13 | An applicant for licensure as a registered pharmacy | ||||||
14 | technician may assist a
pharmacist in the practice of pharmacy | ||||||
15 | for a period of up to
60 days prior to the issuance of a license | ||||||
16 | if the
applicant has submitted the required fee and an | ||||||
17 | application for licensure
to the Department. The applicant | ||||||
18 | shall keep a copy of the submitted
application on the premises | ||||||
19 | where the applicant is assisting in the
practice of pharmacy. | ||||||
20 | The Department shall forward confirmation of receipt of the | ||||||
21 | application with start and expiration dates of practice pending | ||||||
22 | licensure.
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23 | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
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24 | (225 ILCS 85/9.5) | ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
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1 | Sec. 9.5. Registered certified pharmacy technician. | ||||||
2 | (a) An individual licensed as a registered pharmacy | ||||||
3 | technician under this Act may be licensed as a registered | ||||||
4 | certified pharmacy technician, if he or she meets all of the | ||||||
5 | following requirements: | ||||||
6 | (1) He or she has submitted a written application in | ||||||
7 | the form and manner prescribed by the Department. | ||||||
8 | (2) He or she has attained the age of 18. | ||||||
9 | (3) He or she is of good moral character, as determined | ||||||
10 | by the Department. | ||||||
11 | (4) Beginning on January 1, 2022, a new pharmacy | ||||||
12 | technician is required to have He or she has (i) graduated | ||||||
13 | from a pharmacy technician training program that meets | ||||||
14 | meeting the requirements set forth in subsection (a) of | ||||||
15 | Section 17.1 of this Act or (ii) obtained documentation | ||||||
16 | from the pharmacist-in-charge of the pharmacy where the | ||||||
17 | applicant is employed verifying that he or she has | ||||||
18 | successfully completed a standardized nationally | ||||||
19 | accredited education and training program , and has | ||||||
20 | successfully completed an objective assessment mechanism | ||||||
21 | prepared in accordance with rules established by the | ||||||
22 | Department. | ||||||
23 | (5) He or she has successfully passed an examination | ||||||
24 | accredited by the National Commission for Certifying | ||||||
25 | Agencies, as approved and required by the Board or by rule. | ||||||
26 | (6) He or she has paid the required licensure fees. |
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1 | (b) No pharmacist whose license has been denied, revoked, | ||||||
2 | suspended, or restricted for disciplinary purposes may be | ||||||
3 | eligible to be registered as a certified pharmacy technician | ||||||
4 | unless authorized by order of the Department as a condition of | ||||||
5 | restoration from revocation, suspension, or restriction. | ||||||
6 | (c) The Department may, by rule, establish any additional | ||||||
7 | requirements for licensure under this Section.
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8 | (d) A person who is not a licensed registered pharmacy | ||||||
9 | technician and meets the requirements of this Section may be | ||||||
10 | licensed as a registered certified pharmacy technician without | ||||||
11 | first being licensed as a registered pharmacy technician. | ||||||
12 | (e) As a condition for the renewal of a license as a | ||||||
13 | registered certified pharmacy technician, the licensee shall | ||||||
14 | provide evidence to the Department of completion of a total of | ||||||
15 | 20 hours of continuing pharmacy education during the 24 months | ||||||
16 | preceding the expiration date of the certificate as established | ||||||
17 | by rule. One hour of continuing pharmacy education must be in | ||||||
18 | the subject of pharmacy law. One hour of continuing pharmacy | ||||||
19 | education must be in the subject of patient safety. The | ||||||
20 | continuing education shall be approved by the Accreditation | ||||||
21 | Council on Pharmacy Education. | ||||||
22 | The Department may establish by rule a means for the | ||||||
23 | verification of completion of the continuing education | ||||||
24 | required by this subsection (e). This verification may be | ||||||
25 | accomplished through audits of records maintained by | ||||||
26 | licensees, by requiring the filing of continuing education |
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1 | certificates with the Department or a qualified organization | ||||||
2 | selected by the Department to maintain such records, or by | ||||||
3 | other means established by the Department. | ||||||
4 | Rules developed under this subsection (e) may provide for a | ||||||
5 | reasonable annual fee, not to exceed $20, to fund the cost of | ||||||
6 | such recordkeeping. The Department may, by rule, further | ||||||
7 | provide an orderly process for the restoration of a license | ||||||
8 | that has not been renewed due to the failure to meet the | ||||||
9 | continuing pharmacy education requirements of this subsection | ||||||
10 | (e). The Department may waive the requirements of continuing | ||||||
11 | pharmacy education, in whole or in part, in cases of extreme | ||||||
12 | hardship as defined by rule of the Department. The waivers may | ||||||
13 | be granted for not more than one of any 2 3 consecutive renewal | ||||||
14 | periods. | ||||||
15 | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.) | ||||||
16 | (225 ILCS 85/15.1 new) | ||||||
17 | Sec. 15.1. Pharmacy working conditions. | ||||||
18 | (a) A pharmacy licensed under this Act shall not require a | ||||||
19 | pharmacist, student pharmacist, or pharmacy technician to work | ||||||
20 | longer than 12 continuous hours per day, inclusive of the | ||||||
21 | breaks required under subsection (b). | ||||||
22 | (b) A pharmacist who works 6 continuous hours or longer per | ||||||
23 | day shall be allowed to take, at a minimum, one 30-minute | ||||||
24 | uninterrupted meal break and one 15-minute break during that | ||||||
25 | 6-hour period. If such pharmacist is required to work 12 |
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1 | continuous hours per day, at a minimum, he or she qualifies for | ||||||
2 | an additional 15-minute break. A pharmacist who is entitled to | ||||||
3 | take such breaks shall not be required to work more than 5 | ||||||
4 | continuous hours, excluding a 15-minute break, before being | ||||||
5 | given the opportunity to take a 30-minute uninterrupted meal | ||||||
6 | break. If the pharmacy has a private break room available, or | ||||||
7 | if there is a private break room in the establishment or | ||||||
8 | business in which the pharmacy is located, a pharmacist who is | ||||||
9 | entitled to breaks must be given access to that private break | ||||||
10 | room and allowed to spend his or her break time in that room. | ||||||
11 | (c) A pharmacy may, but is not required to, close when a | ||||||
12 | pharmacist is allowed to take a break under subsection (b). If | ||||||
13 | the pharmacy does not close, the pharmacist shall either remain | ||||||
14 | within the licensed pharmacy or within the establishment in | ||||||
15 | which the licensed pharmacy is located in order to be available | ||||||
16 | for emergencies. In addition, the following applies: | ||||||
17 | (1) pharmacy technicians, student pharmacists, and | ||||||
18 | other supportive staff authorized by the pharmacist on duty | ||||||
19 | may continue to perform duties as allowed under this Act; | ||||||
20 | (2) no duties reserved to pharmacists and student | ||||||
21 | pharmacists under this Act, or that require the | ||||||
22 | professional judgment of a pharmacist, may be performed by | ||||||
23 | pharmacy technicians or other supportive staff; and | ||||||
24 | (3) only prescriptions that have received final | ||||||
25 | verification by a pharmacist may be dispensed while the | ||||||
26 | pharmacist is on break, except those prescriptions that |
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1 | require counseling by a pharmacist, including all new | ||||||
2 | prescriptions and those refill prescriptions for which a | ||||||
3 | pharmacist has determined that counseling is necessary, | ||||||
4 | may be dispensed only if the following conditions are met: | ||||||
5 | (i) the patient or other individual who is picking | ||||||
6 | up the prescription on behalf of the patient is told | ||||||
7 | that the pharmacist is on a break and is offered the | ||||||
8 | chance to wait until the pharmacist returns from break | ||||||
9 | in order to receive counseling; | ||||||
10 | (ii) if the patient or other individual who is | ||||||
11 | picking up the prescription on behalf of the patient | ||||||
12 | declines to wait, a telephone number at which the | ||||||
13 | patient or other individual who is picking up the | ||||||
14 | prescription on behalf of the patient can be reached is | ||||||
15 | obtained; | ||||||
16 | (iii) after returning from the break, the | ||||||
17 | pharmacist makes a reasonable effort to contact the | ||||||
18 | patient or other individual who is picking up the | ||||||
19 | prescription on behalf of the patient and provide | ||||||
20 | counseling; and | ||||||
21 | (iv) the pharmacist documents the counseling that | ||||||
22 | was provided or documents why counseling was not | ||||||
23 | provided after a minimum of 2 attempts, including a | ||||||
24 | description of the efforts made to contact the patient | ||||||
25 | or other individual who is picking up the prescription | ||||||
26 | on behalf of the patient; the documentation shall be |
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1 | retained by the pharmacy and made available for | ||||||
2 | inspection by the Board or its authorized | ||||||
3 | representatives for at least 2 years. | ||||||
4 | (d) In a pharmacy staffed by 2 or more pharmacists, the | ||||||
5 | pharmacists shall stagger breaks so that at least one | ||||||
6 | pharmacist remains on duty during all times that the pharmacy | ||||||
7 | remains open for the transaction of business. | ||||||
8 | (e) A pharmacy shall keep and maintain a complete and | ||||||
9 | accurate record showing its pharmacists' daily break periods. | ||||||
10 | (f) Subsections (a) and (b) shall not apply when an | ||||||
11 | emergency, as deemed by the professional judgment of the | ||||||
12 | pharmacist, necessitates that a pharmacist, student | ||||||
13 | pharmacist, or pharmacy technician work longer than 12 | ||||||
14 | continuous hours, work without taking required meal breaks, or | ||||||
15 | have a break interrupted in order to minimize immediate health | ||||||
16 | risks for patients.
| ||||||
17 | (225 ILCS 85/17.1)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
19 | Sec. 17.1. Registered pharmacy technician training.
| ||||||
20 | (a) It Beginning January 1, 2004, it shall be the joint | ||||||
21 | responsibility of a
pharmacy
and its pharmacist in charge to | ||||||
22 | have trained all of its registered pharmacy technicians
or | ||||||
23 | obtain
proof of prior training in all of the following practice | ||||||
24 | areas as they apply to Illinois law and topics as they relate | ||||||
25 | to the
specific practice site and job responsibilities :
|
| |||||||
| |||||||
1 | (1) The duties and responsibilities of the technicians | ||||||
2 | and pharmacists.
| ||||||
3 | (2) Tasks and technical skills, policies, and | ||||||
4 | procedures.
| ||||||
5 | (3) Compounding, packaging, labeling, and storage.
| ||||||
6 | (4) Pharmaceutical and medical terminology.
| ||||||
7 | (5) Record keeping requirements.
| ||||||
8 | (6) The ability to perform and apply arithmetic | ||||||
9 | calculations.
| ||||||
10 | Beginning January 1, 2022, it shall also be the joint | ||||||
11 | responsibility of a pharmacy and its pharmacist in charge to | ||||||
12 | ensure that all new pharmacy technicians are educated and | ||||||
13 | trained using a standard nationally accredited education and | ||||||
14 | training program, such as those accredited by the Accreditation | ||||||
15 | Council for Pharmacy Education (ACPE)/the American Society of | ||||||
16 | Health-System Pharmacists (ASHP) or other board approved | ||||||
17 | education and training programs. The pharmacist in charge is | ||||||
18 | not required to provide the required education to the pharmacy | ||||||
19 | technician, but the pharmacist in charge must ensure that the | ||||||
20 | pharmacy technician has presented proof that he or she | ||||||
21 | completed a standard nationally accredited or board approved | ||||||
22 | education and training program. | ||||||
23 | (b) Within 2 years of initial licensure as a pharmacy | ||||||
24 | technician and within 6 months before beginning any new after | ||||||
25 | initial employment or changing the duties and
responsibilities | ||||||
26 | of a registered pharmacy technician, it
shall be
the joint |
| |||||||
| |||||||
1 | responsibility of the pharmacy and the pharmacist in charge to
| ||||||
2 | train the registered
pharmacy technician or obtain proof of | ||||||
3 | prior training in the areas listed in
subsection (a)
of this | ||||||
4 | Section as they relate to the practice site or to document that | ||||||
5 | the pharmacy technician is making appropriate progress.
| ||||||
6 | (c) All pharmacies shall maintain an up-to-date training
| ||||||
7 | program policies and procedures manual
describing the duties | ||||||
8 | and responsibilities of a registered pharmacy technician and | ||||||
9 | registered certified pharmacy technician .
| ||||||
10 | (d) All pharmacies shall create and maintain retrievable
| ||||||
11 | records
of
training or proof of training as required in this | ||||||
12 | Section.
| ||||||
13 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
14 | (225 ILCS 85/22c new) | ||||||
15 | Sec. 22c. Automated prescription refills. | ||||||
16 | (a) Before a prescription that has a refill on file from a | ||||||
17 | prescribing practitioner may be included in an auto-refill | ||||||
18 | program, a patient or patient's agent must enroll each | ||||||
19 | prescription medication in an auto-refill program. | ||||||
20 | Prescriptions without a refill on file are not eligible for | ||||||
21 | auto-refill. | ||||||
22 | (b) Beginning January 1, 2021, a pharmacy using the | ||||||
23 | National Council for Prescription Drug Programs's SCRIPT | ||||||
24 | standard for receiving electronic prescriptions must enable, | ||||||
25 | activate, and maintain the ability to receive transmissions of |
| |||||||
| |||||||
1 | electronic prescription cancellation and to transmit | ||||||
2 | cancellation response transactions. | ||||||
3 | (c) Within 2 business days of receipt of a prescription | ||||||
4 | cancellation transaction, pharmacy staff must either review | ||||||
5 | the cancellation transaction for deactivation or provide that | ||||||
6 | deactivation occurs automatically. | ||||||
7 | (d) The Department shall adopt rules to implement this | ||||||
8 | Section. The rules shall ensure that discontinued medications | ||||||
9 | are not dispensed to a patient by a pharmacist or by any | ||||||
10 | automatic refill dispensing systems, whether prescribed | ||||||
11 | through electronic prescriptions or paper prescriptions.
| ||||||
12 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
14 | Sec. 30. Refusal, revocation, suspension, or other | ||||||
15 | discipline. | ||||||
16 | (a) The Department may refuse to issue or renew, or may | ||||||
17 | revoke a license, or may suspend, place on probation, fine, or | ||||||
18 | take any disciplinary or non-disciplinary action as the | ||||||
19 | Department may deem proper, including fines not to exceed | ||||||
20 | $10,000 for each violation, with regard to any licensee for any | ||||||
21 | one or combination of the following causes:
| ||||||
22 | 1. Material misstatement in furnishing information to | ||||||
23 | the Department.
| ||||||
24 | 2. Violations of this Act, or the rules promulgated | ||||||
25 | hereunder.
|
| |||||||
| |||||||
1 | 3. Making any misrepresentation for the purpose of | ||||||
2 | obtaining licenses.
| ||||||
3 | 4. A pattern of conduct which demonstrates | ||||||
4 | incompetence or unfitness
to practice.
| ||||||
5 | 5. Aiding or assisting another person in violating any | ||||||
6 | provision of
this Act or rules.
| ||||||
7 | 6. Failing, within 60 days, to respond to a written | ||||||
8 | request made by
the Department for information.
| ||||||
9 | 7. Engaging in unprofessional, dishonorable, or | ||||||
10 | unethical conduct of
a character likely to deceive, defraud | ||||||
11 | or harm the public.
| ||||||
12 | 8. Adverse action taken by another state or | ||||||
13 | jurisdiction against a license or other authorization to | ||||||
14 | practice as a pharmacy, pharmacist, registered certified | ||||||
15 | pharmacy technician, or registered pharmacy technician | ||||||
16 | that is the same or substantially equivalent to those set | ||||||
17 | forth in this Section, a certified copy of the record of | ||||||
18 | the action taken by the other state or jurisdiction being | ||||||
19 | prima facie evidence thereof.
| ||||||
20 | 9. Directly or indirectly giving to or receiving from | ||||||
21 | any person, firm,
corporation, partnership, or association | ||||||
22 | any fee, commission, rebate
or other form of compensation | ||||||
23 | for any professional services not actually
or personally | ||||||
24 | rendered. Nothing in this item 9 affects any bona fide | ||||||
25 | independent contractor or employment arrangements among | ||||||
26 | health care professionals, health facilities, health care |
| |||||||
| |||||||
1 | providers, or other entities, except as otherwise | ||||||
2 | prohibited by law. Any employment arrangements may include | ||||||
3 | provisions for compensation, health insurance, pension, or | ||||||
4 | other employment benefits for the provision of services | ||||||
5 | within the scope of the licensee's practice under this Act. | ||||||
6 | Nothing in this item 9 shall be construed to require an | ||||||
7 | employment arrangement to receive professional fees for | ||||||
8 | services rendered.
| ||||||
9 | 10. A finding by the Department that the licensee, | ||||||
10 | after having his
license placed on probationary status has | ||||||
11 | violated the terms of probation.
| ||||||
12 | 11. Selling or engaging in the sale of drug samples | ||||||
13 | provided at no
cost by drug manufacturers.
| ||||||
14 | 12. Physical illness, including but not limited to, | ||||||
15 | deterioration through
the aging process, or loss of motor | ||||||
16 | skill which results in the inability
to practice the | ||||||
17 | profession with reasonable judgment, skill or safety.
| ||||||
18 | 13. A finding that licensure or registration has been | ||||||
19 | applied for or
obtained by fraudulent means.
| ||||||
20 | 14. Conviction by plea of guilty or nolo contendere, | ||||||
21 | finding of guilt, jury verdict, or entry of judgment or | ||||||
22 | sentencing, including, but not limited to, convictions, | ||||||
23 | preceding sentences of supervision, conditional discharge, | ||||||
24 | or first offender probation, under the laws of any | ||||||
25 | jurisdiction of the United States that is (i) a felony or | ||||||
26 | (ii) a misdemeanor, an essential element of which is |
| |||||||
| |||||||
1 | dishonesty, or that is directly related to the practice of | ||||||
2 | pharmacy.
| ||||||
3 | 15. Habitual or excessive use or addiction to alcohol, | ||||||
4 | narcotics, stimulants
or any other chemical agent or drug | ||||||
5 | which results in the inability
to practice with reasonable | ||||||
6 | judgment, skill or safety.
| ||||||
7 | 16. Willfully making or filing false records or reports | ||||||
8 | in the practice
of pharmacy, including, but not limited to | ||||||
9 | false records to support
claims against the medical | ||||||
10 | assistance program of the Department of Healthcare and | ||||||
11 | Family Services (formerly Department of
Public Aid) under | ||||||
12 | the Public Aid Code.
| ||||||
13 | 17. Gross and willful overcharging for professional | ||||||
14 | services including
filing false statements for collection | ||||||
15 | of fees for which services are
not rendered, including, but | ||||||
16 | not limited to, filing false statements
for collection of | ||||||
17 | monies for services not rendered from the medical
| ||||||
18 | assistance program of the Department of Healthcare and | ||||||
19 | Family Services (formerly Department of Public Aid) under | ||||||
20 | the Public Aid Code.
| ||||||
21 | 18. Dispensing prescription drugs without receiving a
| ||||||
22 | written or oral prescription in violation of law.
| ||||||
23 | 19. Upon a finding of a substantial discrepancy in a | ||||||
24 | Department audit
of a prescription drug, including | ||||||
25 | controlled substances, as that term
is defined in this Act | ||||||
26 | or in the Illinois Controlled Substances Act.
|
| |||||||
| |||||||
1 | 20. Physical or mental illness or any other impairment | ||||||
2 | or disability, including, without limitation: (A) | ||||||
3 | deterioration through the aging process or loss of motor | ||||||
4 | skills that
results in the inability to practice with
| ||||||
5 | reasonable judgment, skill or safety; or (B) mental | ||||||
6 | incompetence,
as declared
by a court of competent | ||||||
7 | jurisdiction.
| ||||||
8 | 21. Violation of the Health Care Worker Self-Referral | ||||||
9 | Act.
| ||||||
10 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
11 | poison in good
faith. "Good faith", for the purposes of | ||||||
12 | this Section, has the meaning
ascribed
to it in subsection | ||||||
13 | (u) of Section 102 of the Illinois Controlled Substances
| ||||||
14 | Act. "Good faith", as used in this item (22), shall not be | ||||||
15 | limited to the sale or dispensing of controlled substances, | ||||||
16 | but shall apply to all prescription drugs.
| ||||||
17 | 23. Interfering with the professional judgment of a | ||||||
18 | pharmacist by
any licensee under this Act, or the | ||||||
19 | licensee's agents or employees.
| ||||||
20 | 24. Failing to report within 60 days to the Department
| ||||||
21 | any adverse final action taken against a pharmacy, | ||||||
22 | pharmacist, registered pharmacy technician, or registered | ||||||
23 | certified pharmacy technician by another licensing | ||||||
24 | jurisdiction in any other state or any territory of the | ||||||
25 | United States or any foreign jurisdiction, any | ||||||
26 | governmental agency, any law enforcement agency, or any |
| |||||||
| |||||||
1 | court for acts or conduct similar to acts or conduct that | ||||||
2 | would constitute grounds for discipline as defined in this | ||||||
3 | Section. | ||||||
4 | 25. Failing to comply with a subpoena issued in | ||||||
5 | accordance with Section 35.5 of this Act.
| ||||||
6 | 26. Disclosing protected health information in | ||||||
7 | violation of any State or federal law. | ||||||
8 | 27. Willfully failing to report an instance of | ||||||
9 | suspected abuse, neglect, financial exploitation, or | ||||||
10 | self-neglect of an eligible adult as defined in and | ||||||
11 | required by the Adult Protective Services Act. | ||||||
12 | 28. Being named as an abuser in a verified report by | ||||||
13 | the Department on Aging under the Adult Protective Services | ||||||
14 | Act, and upon proof by clear and convincing evidence that | ||||||
15 | the licensee abused, neglected, or financially exploited | ||||||
16 | an eligible adult as defined in the Adult Protective | ||||||
17 | Services Act. | ||||||
18 | 29. Using advertisements or making solicitations that | ||||||
19 | may jeopardize the health, safety, or welfare of patients, | ||||||
20 | including, but not be limited to, the use of advertisements | ||||||
21 | or solicitations that: | ||||||
22 | (A) are false, fraudulent, deceptive, or | ||||||
23 | misleading; or | ||||||
24 | (B) include any claim regarding a professional | ||||||
25 | service or product or the cost or price thereof that | ||||||
26 | cannot be substantiated by the licensee. |
| |||||||
| |||||||
1 | 30. Requiring a pharmacist to participate in the use or | ||||||
2 | distribution of advertisements or in making solicitations | ||||||
3 | that may jeopardize the health, safety, or welfare of | ||||||
4 | patients. | ||||||
5 | 31. Failing to provide a working environment for all | ||||||
6 | pharmacy personnel that protects the health, safety, and | ||||||
7 | welfare of a patient, which includes, but is not limited | ||||||
8 | to, failing to: | ||||||
9 | (A) employ sufficient personnel to prevent | ||||||
10 | fatigue, distraction, or other conditions that | ||||||
11 | interfere with a pharmacist's ability to practice with | ||||||
12 | competency and safety or creates an environment that | ||||||
13 | jeopardizes patient care; | ||||||
14 | (B) provide appropriate opportunities for | ||||||
15 | uninterrupted rest periods and meal breaks; | ||||||
16 | (C) provide adequate time for a pharmacist to | ||||||
17 | complete professional duties and responsibilities, | ||||||
18 | including, but not limited to: | ||||||
19 | (i) drug utilization review; | ||||||
20 | (ii) immunization; | ||||||
21 | (iii) counseling; | ||||||
22 | (iv) verification of the accuracy of a | ||||||
23 | prescription; and | ||||||
24 | (v) all other duties and responsibilities of a | ||||||
25 | pharmacist as listed in the rules of the | ||||||
26 | Department. |
| |||||||
| |||||||
1 | 32. Introducing or enforcing external factors, such as | ||||||
2 | productivity or production quotas or other programs | ||||||
3 | against pharmacists, student pharmacists or pharmacy | ||||||
4 | technicians, to the extent that they interfere with the | ||||||
5 | ability of those individuals to provide appropriate | ||||||
6 | professional services to the public. | ||||||
7 | 33. Providing an incentive for or inducing the transfer | ||||||
8 | of a prescription for a patient absent a professional | ||||||
9 | rationale. | ||||||
10 | (b) The Department may refuse to issue or may suspend the | ||||||
11 | license of any person who fails to file a return, or to pay the | ||||||
12 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
13 | final assessment
of tax, penalty or interest, as required by | ||||||
14 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
15 | until such time as the requirements of any
such tax Act are | ||||||
16 | satisfied.
| ||||||
17 | (c) The Department shall revoke any license issued under | ||||||
18 | the provisions of this Act or any prior Act of
this State of | ||||||
19 | any person who has been convicted a second time of committing
| ||||||
20 | any felony under the Illinois Controlled Substances Act, or who
| ||||||
21 | has been convicted a second time of committing a Class 1 felony | ||||||
22 | under
Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
| ||||||
23 | person whose license issued under the
provisions of this Act or | ||||||
24 | any prior Act of this State is revoked under this
subsection | ||||||
25 | (c) shall be prohibited from engaging in the practice of
| ||||||
26 | pharmacy in this State.
|
| |||||||
| |||||||
1 | (d) Fines may be imposed in conjunction with other forms of | ||||||
2 | disciplinary action, but shall not be the exclusive disposition | ||||||
3 | of any disciplinary action arising out of conduct resulting in | ||||||
4 | death or injury to a patient. Fines shall be paid within 60 | ||||||
5 | days or as otherwise agreed to by the Department. Any funds | ||||||
6 | collected from such fines shall be deposited in the Illinois | ||||||
7 | State Pharmacy Disciplinary Fund.
| ||||||
8 | (e) The entry of an order or judgment by any circuit court | ||||||
9 | establishing that any person holding a license or certificate | ||||||
10 | under this Act is a person in need of mental treatment operates | ||||||
11 | as a suspension of that license. A licensee may resume his or | ||||||
12 | her practice only upon the entry of an order of the Department | ||||||
13 | based upon a finding by the Board that he or she has been | ||||||
14 | determined to be recovered from mental illness by the court and | ||||||
15 | upon the Board's recommendation that the licensee be permitted | ||||||
16 | to resume his or her practice.
| ||||||
17 | (f) The Department shall issue quarterly to the Board a | ||||||
18 | status of all
complaints related to the profession received by | ||||||
19 | the Department.
| ||||||
20 | (g) In enforcing this Section, the Board or the Department, | ||||||
21 | upon a showing of a possible violation, may compel any licensee | ||||||
22 | or applicant for licensure under this Act to submit to a mental | ||||||
23 | or physical examination or both, as required by and at the | ||||||
24 | expense of the Department. The examining physician, or | ||||||
25 | multidisciplinary team involved in providing physical and | ||||||
26 | mental examinations led by a physician consisting of one or a |
| |||||||
| |||||||
1 | combination of licensed physicians, licensed clinical | ||||||
2 | psychologists, licensed clinical social workers, licensed | ||||||
3 | clinical professional counselors, and other professional and | ||||||
4 | administrative staff, shall be those specifically designated | ||||||
5 | by the Department. The Board or the Department may order the | ||||||
6 | examining physician or any member of the multidisciplinary team | ||||||
7 | to present testimony concerning this mental or physical | ||||||
8 | examination of the licensee or applicant. No information, | ||||||
9 | report, or other documents in any way related to the | ||||||
10 | examination shall be excluded by reason of any common law or | ||||||
11 | statutory privilege relating to communication between the | ||||||
12 | licensee or applicant and the examining physician or any member | ||||||
13 | of the multidisciplinary team. The individual to be examined | ||||||
14 | may have, at his or her own expense, another physician of his | ||||||
15 | or her choice present during all aspects of the examination. | ||||||
16 | Failure of any individual to submit to a mental or physical | ||||||
17 | examination when directed shall result in the automatic | ||||||
18 | suspension of his or her license until such time as the | ||||||
19 | individual submits to the examination. If the Board or | ||||||
20 | Department finds a pharmacist, registered certified pharmacy | ||||||
21 | technician, or registered pharmacy technician unable to | ||||||
22 | practice because of the reasons set forth in this Section, the | ||||||
23 | Board or Department shall require such pharmacist, registered | ||||||
24 | certified pharmacy technician, or registered pharmacy | ||||||
25 | technician to submit to care, counseling, or treatment by | ||||||
26 | physicians or other appropriate health care providers approved |
| |||||||
| |||||||
1 | or designated by the Department as a condition for continued, | ||||||
2 | restored reinstated , or renewed licensure to practice. Any | ||||||
3 | pharmacist, registered certified pharmacy technician, or | ||||||
4 | registered pharmacy technician whose license was granted, | ||||||
5 | continued, restored reinstated , renewed, disciplined, or | ||||||
6 | supervised, subject to such terms, conditions, or | ||||||
7 | restrictions, and who fails to comply with such terms, | ||||||
8 | conditions, or restrictions or to complete a required program | ||||||
9 | of care, counseling, or treatment, as determined by the chief | ||||||
10 | pharmacy coordinator, shall be referred to the Secretary for a | ||||||
11 | determination as to whether the licensee shall have his or her | ||||||
12 | license suspended immediately, pending a hearing by the Board. | ||||||
13 | In instances in which the Secretary immediately suspends a | ||||||
14 | license under this subsection (g), a hearing upon such person's | ||||||
15 | license must be convened by the Board within 15 days after such | ||||||
16 | suspension and completed without appreciable delay. The | ||||||
17 | Department and Board shall have the authority to review the | ||||||
18 | subject pharmacist's, registered certified pharmacy | ||||||
19 | technician's, or registered pharmacy technician's record of | ||||||
20 | treatment and counseling regarding the impairment.
| ||||||
21 | (h) An individual or organization acting in good faith, and | ||||||
22 | not in a willful and wanton manner, in complying with this | ||||||
23 | Section by providing a report or other information to the | ||||||
24 | Board, by assisting in the investigation or preparation of a | ||||||
25 | report or information, by participating in proceedings of the | ||||||
26 | Board, or by serving as a member of the Board shall not, as a |
| |||||||
| |||||||
1 | result of such actions, be subject to criminal prosecution or | ||||||
2 | civil damages. Any person who reports a violation of this | ||||||
3 | Section to the Department is protected under subsection (b) of | ||||||
4 | Section 15 of the Whistleblower Act. | ||||||
5 | (i) Members of the Board shall have no liability in any | ||||||
6 | action based upon any disciplinary proceedings or other | ||||||
7 | activity performed in good faith as a member of the Board be | ||||||
8 | indemnified by the State for any actions occurring within the | ||||||
9 | scope of services on the Board, done in good faith, and not | ||||||
10 | willful and wanton in nature . The Attorney General shall defend | ||||||
11 | all such actions unless he or she determines either that there | ||||||
12 | would be a conflict of interest in such representation or that | ||||||
13 | the actions complained of were not in good faith or were | ||||||
14 | willful and wanton. | ||||||
15 | If the Attorney General declines representation, the | ||||||
16 | member shall have the right to employ counsel of his or her | ||||||
17 | choice, whose fees shall be provided by the State, after | ||||||
18 | approval by the Attorney General, unless there is a | ||||||
19 | determination by a court that the member's actions were not in | ||||||
20 | good faith or were willful and wanton. | ||||||
21 | The member must notify the Attorney General within 7 days | ||||||
22 | of receipt of notice of the initiation of any action involving | ||||||
23 | services of the Board. Failure to so notify the Attorney | ||||||
24 | General shall constitute an absolute waiver of the right to a | ||||||
25 | defense and indemnification. | ||||||
26 | The Attorney General shall determine, within 7 days after |
| |||||||
| |||||||
1 | receiving such notice, whether he or she will undertake to | ||||||
2 | represent the member. | ||||||
3 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
4 | (225 ILCS 85/33) (from Ch. 111, par. 4153)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
6 | Sec. 33. The Secretary may, upon receipt of a
written | ||||||
7 | communication from the Secretary of Human Services, the | ||||||
8 | Director of Healthcare and Family Services (formerly Director | ||||||
9 | of
Public Aid), or the Director of Public Health
that | ||||||
10 | continuation of practice of a person
licensed or registered | ||||||
11 | under this Act constitutes an immediate danger
to the public, | ||||||
12 | immediately suspend the license of such
person without a | ||||||
13 | hearing. In instances in which the Secretary immediately
| ||||||
14 | suspends a license under this Act, a hearing
upon such person's | ||||||
15 | license must be convened by the Board within 15 days
after such | ||||||
16 | suspension and completed without appreciable delay, such
| ||||||
17 | hearing held to determine whether to recommend to the Secretary | ||||||
18 | that
the person's license be revoked, suspended, placed on | ||||||
19 | probationary
status or restored reinstated , or such person be | ||||||
20 | subject to other disciplinary
action. In such hearing, the | ||||||
21 | written communication and any other evidence
submitted | ||||||
22 | therewith may be introduced as evidence against such person;
| ||||||
23 | provided however, the person, or his counsel, shall have the | ||||||
24 | opportunity
to discredit or impeach such evidence and submit | ||||||
25 | evidence rebutting
same.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
2 | (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
4 | Sec. 35.3.
The Department,
at its expense, shall preserve a | ||||||
5 | record of all proceedings at the formal
hearing of any case | ||||||
6 | involving the refusal to issue, renew or discipline
of a | ||||||
7 | license. The notice of hearing, complaint and all other | ||||||
8 | documents
in the nature of pleadings and written motions filed | ||||||
9 | in the proceedings,
the transcript of testimony, the report of | ||||||
10 | the Board or hearing officer, exhibits,
and orders of the | ||||||
11 | Department shall be the record of such proceeding.
| ||||||
12 | (Source: P.A. 85-796 .)
| ||||||
13 | (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 35.5. The Department shall have power to subpoena
and | ||||||
16 | bring before it any person in this State and to take testimony,
| ||||||
17 | either orally or by deposition or both, with the same fees and | ||||||
18 | mileage
and in the same manner as prescribed by law in judicial | ||||||
19 | proceedings
in civil cases in circuit courts of this State. The | ||||||
20 | Department may subpoena and compel the production of documents, | ||||||
21 | papers, files, books, and records in connection with any | ||||||
22 | hearing or investigation.
| ||||||
23 | The Secretary, hearing officer, and any member of the | ||||||
24 | Board, shall each have power to
administer oaths to witnesses |
| |||||||
| |||||||
1 | at any hearing which the Department is
authorized to conduct | ||||||
2 | under this Act, and any other oaths required
or authorized to | ||||||
3 | be administered by the Department hereunder.
| ||||||
4 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
5 | (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
7 | Sec. 35.9.
Whenever the Secretary Director is satisfied | ||||||
8 | that substantial justice has
not been done in the revocation, | ||||||
9 | suspension or refusal to issue or renew a
license or | ||||||
10 | registration, the Secretary Director may order a rehearing by | ||||||
11 | the same hearing
officer and Board.
| ||||||
12 | (Source: P.A. 88-428 .)
| ||||||
13 | (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
15 | Sec. 35.10. None of the disciplinary functions, powers and | ||||||
16 | duties
enumerated in this Act shall be exercised by the | ||||||
17 | Department except
upon the review
of the Board.
| ||||||
18 | In all instances, under this Act, in which the Board has | ||||||
19 | rendered a
recommendation to the Director with respect to a | ||||||
20 | particular license
or certificate, the Director shall, in the | ||||||
21 | event that he or she disagrees
with or takes action contrary to | ||||||
22 | the recommendation of the Board, file
with the Board his or her | ||||||
23 | specific written reasons
of disagreement with the Board.
| ||||||
24 | (Source: P.A. 95-689, eff. 10-29-07 .)
|
| |||||||
| |||||||
1 | (225 ILCS 85/35.21) | ||||||
2 | (Section scheduled to be repealed on January 1, 2020) | ||||||
3 | Sec. 35.21. Citations. | ||||||
4 | (a) The Department may issue shall adopt rules to permit | ||||||
5 | the issuance of citations to any licensee for any violation of | ||||||
6 | this Act or the rules. The citation shall be issued to the | ||||||
7 | licensee or other person alleged to have committed one or more | ||||||
8 | violations and shall contain the licensee's or other person's | ||||||
9 | name and address, the licensee's license number, if any, a | ||||||
10 | brief factual statement, the Sections of this Act or the rules | ||||||
11 | allegedly violated, and the penalty imposed, which shall not | ||||||
12 | exceed $1,000. The citation must clearly state that if the | ||||||
13 | cited person wishes to dispute the citation, he or she may | ||||||
14 | request in writing, within 30 days after the citation is | ||||||
15 | served, a hearing before the Department. If the cited person | ||||||
16 | does not request a hearing within 30 days after the citation is | ||||||
17 | served, then the citation shall become a final, | ||||||
18 | non-disciplinary order and any fine imposed is due and payable. | ||||||
19 | If the cited person requests a hearing within 30 days after the | ||||||
20 | citation is served, the Department shall afford the cited | ||||||
21 | person a hearing conducted in the same manner as a hearing | ||||||
22 | provided in this Act for any violation of this Act and shall | ||||||
23 | determine whether the cited person committed the violation as | ||||||
24 | charged and whether the fine as levied is warranted. If the | ||||||
25 | violation is found, any fine shall constitute discipline and be |
| |||||||
| |||||||
1 | due and payable within 30 days of the order of the Secretary. | ||||||
2 | Failure to comply with any final order may subject the licensed | ||||||
3 | person to further discipline or other action by the Department | ||||||
4 | or a referral to the State's Attorney. | ||||||
5 | (b) A citation must be issued within 6 months after the | ||||||
6 | reporting of a violation that is the basis for the citation. | ||||||
7 | (c) Service of a citation shall be made in person, | ||||||
8 | electronically, or by mail to the licensee at the licensee's | ||||||
9 | address of record or email address of record. | ||||||
10 | (d) Nothing in this Section shall prohibit or limit the | ||||||
11 | Department from taking further action pursuant to this Act and | ||||||
12 | rules for additional, repeated, or continuing violations.
| ||||||
13 | (e) The Department may adopt rules for the issuance of | ||||||
14 | citations in accordance with this Section. | ||||||
15 | (Source: P.A. 100-497, eff. 9-8-17.) | ||||||
16 | (225 ILCS 85/2.5 rep.) | ||||||
17 | (225 ILCS 85/29 rep.) | ||||||
18 | (225 ILCS 85/35.12 rep.) | ||||||
19 | Section 15. The Pharmacy Practice Act is amended by | ||||||
20 | repealing Sections 2.5, 29, and 35.12.
| ||||||
21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law, except that Sections 10 and 15 take effect | ||||||
23 | January 1, 2020. |