Rep. Michael J. Zalewski
Adopted in House Comm. on Nov 12, 2019
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1 | AMENDMENT TO SENATE BILL 2104
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2 | AMENDMENT NO. ______. Amend Senate Bill 2104 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing 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 Acts repealed on January 1, 2020.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8 | Acts are repealed on January 1, 2020: | ||||||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.
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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; |
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1 | 101-357, eff. 8-9-19; revised 9-27-19.) | ||||||
2 | (5 ILCS 80/4.33) | ||||||
3 | Sec. 4.33. Acts repealed on January 1,
2023. The following | ||||||
4 | Acts are
repealed on January 1, 2023: | ||||||
5 | The Dietitian Nutritionist Practice Act. | ||||||
6 | The Elevator Safety and Regulation Act.
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7 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
8 | of 2011. | ||||||
9 | The Funeral Directors and Embalmers Licensing Code. | ||||||
10 | The Naprapathic Practice Act. | ||||||
11 | The Pharmacy Practice Act. | ||||||
12 | The Professional Counselor and Clinical Professional | ||||||
13 | Counselor
Licensing and Practice Act. | ||||||
14 | The Wholesale Drug Distribution Licensing Act. | ||||||
15 | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | ||||||
16 | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | ||||||
17 | 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.) | ||||||
18 | Section 10. The Pharmacy Practice Act is amended by | ||||||
19 | changing Sections 4.5, 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9, | ||||||
20 | 35.10, and 35.21 and by adding Sections 15.1 and 22c as | ||||||
21 | follows: | ||||||
22 | (225 ILCS 85/4.5) | ||||||
23 | (Section scheduled to be repealed on January 1, 2020) |
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1 | Sec. 4.5. The Collaborative Pharmaceutical Task Force. In | ||||||
2 | order to protect the public and provide quality pharmaceutical | ||||||
3 | care, the Collaborative Pharmaceutical Task Force is | ||||||
4 | established. The Task Force shall discuss how to further | ||||||
5 | advance the practice of pharmacy in a manner that recognizes | ||||||
6 | the needs of the healthcare system, patients, pharmacies, | ||||||
7 | pharmacists, and pharmacy technicians. As a part of its | ||||||
8 | discussions, the Task Force shall consider, at a minimum, the | ||||||
9 | following: | ||||||
10 | (1) the extent to which providing whistleblower | ||||||
11 | protections for pharmacists and pharmacy technicians | ||||||
12 | reporting violation of worker policies and requiring | ||||||
13 | pharmacies to have at least one pharmacy technician on duty | ||||||
14 | whenever the practice of pharmacy is conducted, to set a | ||||||
15 | prescription filling limit of not more than 10 | ||||||
16 | prescriptions filled per hour, to mandate at least 10 | ||||||
17 | pharmacy technician hours per 100 prescriptions filled, to | ||||||
18 | place a general prohibition on activities that distract | ||||||
19 | pharmacists, to provide a pharmacist a minimum of 2 | ||||||
20 | 15-minute paid rest breaks and one 30-minute meal period in | ||||||
21 | each workday on which the pharmacist works at least 7 | ||||||
22 | hours, to not require a pharmacist to work during a break | ||||||
23 | period, to pay to the pharmacist 3 times the pharmacist's | ||||||
24 | regular hourly rate of pay for each workday during which | ||||||
25 | the required breaks were not provided, to make available at | ||||||
26 | all times a room on the pharmacy's premises with adequate |
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1 | seating and tables for the purpose of allowing a pharmacist | ||||||
2 | to enjoy break periods in a clean and comfortable | ||||||
3 | environment, to keep a complete and accurate record of the | ||||||
4 | break periods of its pharmacists, to limit a pharmacist | ||||||
5 | from working more than 8 hours a workday, and to retain | ||||||
6 | records of any errors in the receiving, filling, or | ||||||
7 | dispensing of prescriptions of any kind could be integrated | ||||||
8 | into the Pharmacy Practice Act; and | ||||||
9 | (2) the extent to which requiring the Department to | ||||||
10 | adopt rules requiring pharmacy prescription systems | ||||||
11 | contain mechanisms to require prescription discontinuation | ||||||
12 | orders to be forwarded to a pharmacy, to require patient | ||||||
13 | verification features for pharmacy automated prescription | ||||||
14 | refills, and to require that automated prescription | ||||||
15 | refills notices clearly communicate to patients the | ||||||
16 | medication name, dosage strength, and any other | ||||||
17 | information required by the Department governing the use of | ||||||
18 | automated dispensing and storage systems to ensure that | ||||||
19 | discontinued medications are not dispensed to a patient by | ||||||
20 | a pharmacist or by any automatic refill dispensing systems | ||||||
21 | whether prescribed through electronic prescriptions or | ||||||
22 | paper prescriptions may be integrated into the Pharmacy | ||||||
23 | Practice Act to better protect the public. | ||||||
24 | In developing standards related to its discussions, the | ||||||
25 | Collaborative Pharmaceutical Task Force shall consider the | ||||||
26 | extent to which Public Act 99-473 (enhancing continuing |
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1 | education requirements for pharmacy technicians) and Public | ||||||
2 | Act 99-863 (enhancing reporting requirements to the Department | ||||||
3 | of pharmacy employee terminations) may be relevant to the | ||||||
4 | issues listed in paragraphs (1) and (2). | ||||||
5 | The voting members of the Collaborative Pharmaceutical | ||||||
6 | Task Force shall be appointed as follows: | ||||||
7 | (1) the Speaker of the House of Representatives, or his | ||||||
8 | or her designee, shall appoint: a representative of a | ||||||
9 | statewide organization exclusively representing retailers, | ||||||
10 | including pharmacies; and a retired licensed pharmacist | ||||||
11 | who has previously served on the Board of Pharmacy and on | ||||||
12 | the executive committee of a national association | ||||||
13 | representing pharmacists and who shall serve as the | ||||||
14 | chairperson of the Collaborative Pharmaceutical Task | ||||||
15 | Force; | ||||||
16 | (2) the President of the Senate, or his or her | ||||||
17 | designee, shall appoint: a representative of a statewide | ||||||
18 | organization representing pharmacists; and a | ||||||
19 | representative of a statewide organization representing | ||||||
20 | unionized pharmacy employees; | ||||||
21 | (3) the Minority Leader of the House of | ||||||
22 | Representatives, or his or her designee, shall appoint: a | ||||||
23 | representative of a statewide organization representing | ||||||
24 | physicians licensed to practice medicine in all its | ||||||
25 | branches in Illinois; and a representative of a statewide | ||||||
26 | professional association representing pharmacists, |
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1 | pharmacy technicians, pharmacy students, and others | ||||||
2 | working in or with an interest in hospital and | ||||||
3 | health-system pharmacy; and | ||||||
4 | (4) the Minority Leader of the Senate, or his or her | ||||||
5 | designee, shall appoint: a representative of a statewide | ||||||
6 | organization representing hospitals; and a representative | ||||||
7 | of a statewide association exclusively representing | ||||||
8 | long-term care pharmacists. | ||||||
9 | The Secretary, or his or her designee, shall appoint the | ||||||
10 | following non-voting members of the Task Force: a | ||||||
11 | representative of the University of Illinois at Chicago College | ||||||
12 | of Pharmacy; a clinical pharmacist who has done extensive study | ||||||
13 | in pharmacy e-prescribing and e-discontinuation; and a | ||||||
14 | representative of the Department. | ||||||
15 | The Department shall provide administrative support to the | ||||||
16 | Collaborative Pharmaceutical Task Force. The Collaborative | ||||||
17 | Pharmaceutical Task Force shall meet at least monthly at the | ||||||
18 | call of the chairperson. | ||||||
19 | No later than September 1, 2019, the voting members of the | ||||||
20 | Collaborative Pharmaceutical Task Force shall vote on | ||||||
21 | recommendations concerning the standards in paragraphs (1) and | ||||||
22 | (2) of this Section. | ||||||
23 | No later than November 1, 2019, the Department, in direct | ||||||
24 | consultation with the Collaborative Pharmaceutical Task Force, | ||||||
25 | shall propose rules for adoption that are consistent with the | ||||||
26 | Collaborative Pharmaceutical Task Force's recommendations, or |
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1 | recommend legislation to the General Assembly, concerning the | ||||||
2 | standards in paragraphs (1) and (2) of this Section. | ||||||
3 | For the purposes of continuing dialogue on best practices | ||||||
4 | for pharmacy in the State of Illinois, the Task Force shall be | ||||||
5 | reconvened beginning January 1, 2020. Members who served on the | ||||||
6 | Task Force before January 1, 2020 shall continue to serve. The | ||||||
7 | following additional voting members shall be appointed to the | ||||||
8 | Task Force as follows: | ||||||
9 | (A) one representative of a statewide organization | ||||||
10 | exclusively representing retailers, including pharmacies, | ||||||
11 | who shall be appointed by the Governor; | ||||||
12 | (B) one representative of a statewide organization | ||||||
13 | representing unionized pharmacy employees who shall be | ||||||
14 | appointed by the Governor; | ||||||
15 | (C) one member of the General Assembly who shall be | ||||||
16 | appointed by the Speaker of the House of Representatives; | ||||||
17 | (D) one member of the General Assembly who shall be | ||||||
18 | appointed by the Minority Leader of the House of | ||||||
19 | Representatives; | ||||||
20 | (E) one member of the General Assembly who shall be | ||||||
21 | appointed by the President of the Senate; and | ||||||
22 | (F) one member of the General Assembly who shall be | ||||||
23 | appointed by the Minority Leader of the Senate. | ||||||
24 | All provisions relating to the operation and meeting of the | ||||||
25 | Task Force shall continue to apply during the extended period | ||||||
26 | beginning January 1, 2020. |
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1 | No later than October 1, 2020, the voting members of the | ||||||
2 | Task Force shall vote on recommendations that are in addition | ||||||
3 | to those voted on or before September 1, 2019. | ||||||
4 | No later than November 1, 2020, the Department, in direct | ||||||
5 | consultation with the Task Force, shall propose rules for | ||||||
6 | adoption that are consistent with the Task Force's | ||||||
7 | recommendations, or recommend legislation to the General | ||||||
8 | Assembly, concerning the items considered by the Task Force. | ||||||
9 | This Section is repealed on November 1, 2021 2020 .
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10 | (Source: P.A. 100-497, eff. 9-8-17.)
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11 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
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12 | (Section scheduled to be repealed on January 1, 2020)
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13 | Sec. 9. Licensure as registered pharmacy technician. | ||||||
14 | (a) Any person shall be entitled
to licensure as a | ||||||
15 | registered pharmacy technician who is of the age of 16
or over, | ||||||
16 | has not engaged in conduct or behavior determined to be grounds | ||||||
17 | for
discipline under this Act, is attending or has
graduated | ||||||
18 | from an accredited high school or comparable school or | ||||||
19 | educational
institution or received a high school equivalency | ||||||
20 | certificate, and has filed a written or electronic application | ||||||
21 | for licensure on a form
to be prescribed and furnished by the | ||||||
22 | Department for that purpose. The
Department shall issue a | ||||||
23 | license as a registered pharmacy technician to any applicant | ||||||
24 | who has
qualified as aforesaid, and such license shall be the | ||||||
25 | sole authority
required to assist licensed pharmacists in the |
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1 | practice of pharmacy, under
the supervision of a licensed | ||||||
2 | pharmacist. A registered pharmacy technician may, under the | ||||||
3 | supervision of a pharmacist, assist in the practice of pharmacy | ||||||
4 | and perform such functions as assisting in the dispensing | ||||||
5 | process, offering counseling, receiving new verbal | ||||||
6 | prescription orders, and having prescriber contact concerning | ||||||
7 | prescription drug order clarification. A registered pharmacy | ||||||
8 | technician may be delegated to perform any task within the | ||||||
9 | practice of pharmacy if specifically trained for that task, | ||||||
10 | except for not engage in patient counseling, drug regimen | ||||||
11 | review, or clinical conflict resolution. | ||||||
12 | (b) Beginning on January 1, 2017, within 2 years after | ||||||
13 | initial licensure as a registered pharmacy technician, the | ||||||
14 | licensee must meet the requirements described in Section 9.5 of | ||||||
15 | this Act and become licensed as a registered certified pharmacy | ||||||
16 | technician. If the licensee has not yet attained the age of 18, | ||||||
17 | then upon the next renewal as a registered pharmacy technician, | ||||||
18 | the licensee must meet the requirements described in Section | ||||||
19 | 9.5 of this Act and become licensed as a registered certified | ||||||
20 | pharmacy technician. This requirement does not apply to | ||||||
21 | pharmacy technicians registered prior to January 1, 2008.
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22 | (c) Any person registered
as a pharmacy technician who is | ||||||
23 | also enrolled in a first professional
degree program in | ||||||
24 | pharmacy in a school or college of pharmacy or a
department of | ||||||
25 | pharmacy of a university approved by the Department or has | ||||||
26 | graduated from such a program within the last 18 months, shall |
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1 | be
considered a "student pharmacist"
and entitled to use the | ||||||
2 | title "student pharmacist". A student pharmacist must meet all | ||||||
3 | of the requirements for licensure as a registered pharmacy | ||||||
4 | technician set forth in this Section excluding the requirement | ||||||
5 | of certification prior to the second license renewal and pay | ||||||
6 | the required registered pharmacy technician license fees. A | ||||||
7 | student pharmacist may, under the supervision of a pharmacist, | ||||||
8 | assist in the practice of pharmacy and perform any and all | ||||||
9 | functions delegated to him or her by the pharmacist. | ||||||
10 | (d) Any person seeking licensure as a pharmacist who has | ||||||
11 | graduated from a pharmacy program outside the United States | ||||||
12 | must register as a pharmacy technician and shall be considered | ||||||
13 | a "student pharmacist" and be entitled to use the title | ||||||
14 | "student pharmacist" while completing the 1,200 clinical hours | ||||||
15 | of training approved by the Board of Pharmacy described and for | ||||||
16 | no more than 18 months after completion of these hours. These | ||||||
17 | individuals are not required to become registered certified | ||||||
18 | pharmacy technicians while completing their Board approved | ||||||
19 | clinical training, but must become licensed as a pharmacist or | ||||||
20 | become licensed as a registered certified pharmacy technician | ||||||
21 | before the second pharmacy technician license renewal | ||||||
22 | following completion of the Board approved clinical training. | ||||||
23 | (e) The Department shall not renew the registered pharmacy | ||||||
24 | technician license of any person who has been licensed as a | ||||||
25 | registered pharmacy technician with the designation "student | ||||||
26 | pharmacist" who: (1) has dropped out of or been expelled from |
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1 | an ACPE accredited college of pharmacy; (2) has failed to | ||||||
2 | complete his or her 1,200 hours of Board approved clinical | ||||||
3 | training within 24 months; or (3) has failed the pharmacist | ||||||
4 | licensure examination 3 times. The Department shall require | ||||||
5 | these individuals to meet the requirements of and become | ||||||
6 | licensed as a registered certified pharmacy technician. | ||||||
7 | (f) The Department may
take any action set forth in Section | ||||||
8 | 30 of this Act with regard to a license
pursuant to this | ||||||
9 | Section.
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10 | (g) Any person who is enrolled in a non-traditional | ||||||
11 | Pharm.D.
program at an ACPE accredited college of pharmacy and | ||||||
12 | is licensed as a registered pharmacist
under the laws of | ||||||
13 | another United States jurisdiction shall be permitted to
engage | ||||||
14 | in the program of practice experience required in the academic | ||||||
15 | program
by virtue of such license. Such person shall be exempt | ||||||
16 | from the requirement
of licensure as a registered pharmacy | ||||||
17 | technician or registered certified pharmacy technician while | ||||||
18 | engaged in the
program of practice experience required in the | ||||||
19 | academic program.
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20 | An applicant for licensure as a registered pharmacy | ||||||
21 | technician may assist a
pharmacist in the practice of pharmacy | ||||||
22 | for a period of up to
60 days prior to the issuance of a license | ||||||
23 | if the
applicant has submitted the required fee and an | ||||||
24 | application for licensure
to the Department. The applicant | ||||||
25 | shall keep a copy of the submitted
application on the premises | ||||||
26 | where the applicant is assisting in the
practice of pharmacy. |
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1 | The Department shall forward confirmation of receipt of the | ||||||
2 | application with start and expiration dates of practice pending | ||||||
3 | licensure.
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4 | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
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5 | (225 ILCS 85/9.5) | ||||||
6 | (Section scheduled to be repealed on January 1, 2020)
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7 | Sec. 9.5. Registered certified pharmacy technician. | ||||||
8 | (a) An individual licensed as a registered pharmacy | ||||||
9 | technician under this Act may be licensed as a registered | ||||||
10 | certified pharmacy technician, if he or she meets all of the | ||||||
11 | following requirements: | ||||||
12 | (1) He or she has submitted a written application in | ||||||
13 | the form and manner prescribed by the Department. | ||||||
14 | (2) He or she has attained the age of 18. | ||||||
15 | (3) He or she is of good moral character, as determined | ||||||
16 | by the Department. | ||||||
17 | (4) Beginning on January 1, 2022, a new pharmacy | ||||||
18 | technician is required to have He or she has (i) graduated | ||||||
19 | from a pharmacy technician training program that meets | ||||||
20 | meeting the requirements set forth in subsection (a) of | ||||||
21 | Section 17.1 of this Act or (ii) obtained documentation | ||||||
22 | from the pharmacist-in-charge of the pharmacy where the | ||||||
23 | applicant is employed verifying that he or she has | ||||||
24 | successfully completed a standardized nationally | ||||||
25 | accredited education and training program , and has |
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1 | successfully completed an objective assessment mechanism | ||||||
2 | prepared in accordance with rules established by the | ||||||
3 | Department. | ||||||
4 | (5) He or she has successfully passed an examination | ||||||
5 | accredited by the National Commission for Certifying | ||||||
6 | Agencies, as approved and required by the Board or by rule. | ||||||
7 | (6) He or she has paid the required licensure fees. | ||||||
8 | (b) No pharmacist whose license has been denied, revoked, | ||||||
9 | suspended, or restricted for disciplinary purposes may be | ||||||
10 | eligible to be registered as a certified pharmacy technician | ||||||
11 | unless authorized by order of the Department as a condition of | ||||||
12 | restoration from revocation, suspension, or restriction. | ||||||
13 | (c) The Department may, by rule, establish any additional | ||||||
14 | requirements for licensure under this Section.
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15 | (d) A person who is not a licensed registered pharmacy | ||||||
16 | technician and meets the requirements of this Section may be | ||||||
17 | licensed as a registered certified pharmacy technician without | ||||||
18 | first being licensed as a registered pharmacy technician. | ||||||
19 | (e) As a condition for the renewal of a license as a | ||||||
20 | registered certified pharmacy technician, the licensee shall | ||||||
21 | provide evidence to the Department of completion of a total of | ||||||
22 | 20 hours of continuing pharmacy education during the 24 months | ||||||
23 | preceding the expiration date of the certificate as established | ||||||
24 | by rule. One hour of continuing pharmacy education must be in | ||||||
25 | the subject of pharmacy law. One hour of continuing pharmacy | ||||||
26 | education must be in the subject of patient safety. The |
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1 | continuing education shall be approved by the Accreditation | ||||||
2 | Council on Pharmacy Education. | ||||||
3 | The Department may establish by rule a means for the | ||||||
4 | verification of completion of the continuing education | ||||||
5 | required by this subsection (e). This verification may be | ||||||
6 | accomplished through audits of records maintained by | ||||||
7 | licensees, by requiring the filing of continuing education | ||||||
8 | certificates with the Department or a qualified organization | ||||||
9 | selected by the Department to maintain such records, or by | ||||||
10 | other means established by the Department. | ||||||
11 | Rules developed under this subsection (e) may provide for a | ||||||
12 | reasonable annual fee, not to exceed $20, to fund the cost of | ||||||
13 | such recordkeeping. The Department may, by rule, further | ||||||
14 | provide an orderly process for the restoration of a license | ||||||
15 | that has not been renewed due to the failure to meet the | ||||||
16 | continuing pharmacy education requirements of this subsection | ||||||
17 | (e). The Department may waive the requirements of continuing | ||||||
18 | pharmacy education, in whole or in part, in cases of extreme | ||||||
19 | hardship as defined by rule of the Department. The waivers may | ||||||
20 | be granted for not more than one of any 2 3 consecutive renewal | ||||||
21 | periods. | ||||||
22 | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.) | ||||||
23 | (225 ILCS 85/15.1 new) | ||||||
24 | Sec. 15.1. Pharmacy working conditions. | ||||||
25 | (a) A pharmacy licensed under this Act shall not require a |
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1 | pharmacist, student pharmacist, or pharmacy technician to work | ||||||
2 | longer than 12 continuous hours per day, inclusive of the | ||||||
3 | breaks required under subsection (b). | ||||||
4 | (b) A pharmacist who works 6 continuous hours or longer per | ||||||
5 | day shall be allowed to take, at a minimum, one 30-minute | ||||||
6 | uninterrupted meal break and one 15-minute break during that | ||||||
7 | 6-hour period. If such pharmacist is required to work 12 | ||||||
8 | continuous hours per day, at a minimum, he or she qualifies for | ||||||
9 | an additional 15-minute break. A pharmacist who is entitled to | ||||||
10 | take such breaks shall not be required to work more than 5 | ||||||
11 | continuous hours, excluding a 15-minute break, before being | ||||||
12 | given the opportunity to take a 30-minute uninterrupted meal | ||||||
13 | break. If the pharmacy has a private break room available, or | ||||||
14 | if there is a private break room in the establishment or | ||||||
15 | business in which the pharmacy is located, a pharmacist who is | ||||||
16 | entitled to breaks must be given access to that private break | ||||||
17 | room and allowed to spend his or her break time in that room. | ||||||
18 | (c) A pharmacy may, but is not required to, close when a | ||||||
19 | pharmacist is allowed to take a break under subsection (b). If | ||||||
20 | the pharmacy does not close, the pharmacist shall either remain | ||||||
21 | within the licensed pharmacy or within the establishment in | ||||||
22 | which the licensed pharmacy is located in order to be available | ||||||
23 | for emergencies. In addition, the following applies: | ||||||
24 | (1) pharmacy technicians, student pharmacists, and | ||||||
25 | other supportive staff authorized by the pharmacist on duty | ||||||
26 | may continue to perform duties as allowed under this Act; |
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1 | (2) no duties reserved to pharmacists and student | ||||||
2 | pharmacists under this Act, or that require the | ||||||
3 | professional judgment of a pharmacist, may be performed by | ||||||
4 | pharmacy technicians or other supportive staff; and | ||||||
5 | (3) only prescriptions that have received final | ||||||
6 | verification by a pharmacist may be dispensed while the | ||||||
7 | pharmacist is on break, except those prescriptions that | ||||||
8 | require counseling by a pharmacist, including all new | ||||||
9 | prescriptions and those refill prescriptions for which a | ||||||
10 | pharmacist has determined that counseling is necessary, | ||||||
11 | may be dispensed only if the following conditions are met: | ||||||
12 | (i) the patient or other individual who is picking | ||||||
13 | up the prescription on behalf of the patient is told | ||||||
14 | that the pharmacist is on a break and is offered the | ||||||
15 | chance to wait until the pharmacist returns from break | ||||||
16 | in order to receive counseling; | ||||||
17 | (ii) if the patient or other individual who is | ||||||
18 | picking up the prescription on behalf of the patient | ||||||
19 | declines to wait, a telephone number at which the | ||||||
20 | patient or other individual who is picking up the | ||||||
21 | prescription on behalf of the patient can be reached is | ||||||
22 | obtained; | ||||||
23 | (iii) after returning from the break, the | ||||||
24 | pharmacist makes a reasonable effort to contact the | ||||||
25 | patient or other individual who is picking up the | ||||||
26 | prescription on behalf of the patient and provide |
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1 | counseling; and | ||||||
2 | (iv) the pharmacist documents the counseling that | ||||||
3 | was provided or documents why counseling was not | ||||||
4 | provided after a minimum of 2 attempts, including a | ||||||
5 | description of the efforts made to contact the patient | ||||||
6 | or other individual who is picking up the prescription | ||||||
7 | on behalf of the patient; the documentation shall be | ||||||
8 | retained by the pharmacy and made available for | ||||||
9 | inspection by the Board or its authorized | ||||||
10 | representatives for at least 2 years. | ||||||
11 | (d) In a pharmacy staffed by 2 or more pharmacists, the | ||||||
12 | pharmacists shall stagger breaks so that at least one | ||||||
13 | pharmacist remains on duty during all times that the pharmacy | ||||||
14 | remains open for the transaction of business. | ||||||
15 | (e) A pharmacy shall keep and maintain a complete and | ||||||
16 | accurate record showing its pharmacists' daily break periods. | ||||||
17 | (f) Subsections (a) and (b) shall not apply when an | ||||||
18 | emergency, as deemed by the professional judgment of the | ||||||
19 | pharmacist, necessitates that a pharmacist, student | ||||||
20 | pharmacist, or pharmacy technician work longer than 12 | ||||||
21 | continuous hours, work without taking required meal breaks, or | ||||||
22 | have a break interrupted in order to minimize immediate health | ||||||
23 | risks for patients.
| ||||||
24 | (225 ILCS 85/17.1)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 17.1. Registered pharmacy technician training.
| ||||||
2 | (a) It Beginning January 1, 2004, it shall be the joint | ||||||
3 | responsibility of a
pharmacy
and its pharmacist in charge to | ||||||
4 | have trained all of its registered pharmacy technicians
or | ||||||
5 | obtain
proof of prior training in all of the following practice | ||||||
6 | areas as they apply to Illinois law and topics as they relate | ||||||
7 | to the
specific practice site and job responsibilities :
| ||||||
8 | (1) The duties and responsibilities of the technicians | ||||||
9 | and pharmacists.
| ||||||
10 | (2) Tasks and technical skills, policies, and | ||||||
11 | procedures.
| ||||||
12 | (3) Compounding, packaging, labeling, and storage.
| ||||||
13 | (4) Pharmaceutical and medical terminology.
| ||||||
14 | (5) Record keeping requirements.
| ||||||
15 | (6) The ability to perform and apply arithmetic | ||||||
16 | calculations.
| ||||||
17 | Beginning January 1, 2022, it shall also be the joint | ||||||
18 | responsibility of a pharmacy and its pharmacist in charge to | ||||||
19 | ensure that all new pharmacy technicians are educated and | ||||||
20 | trained using a standard nationally accredited education and | ||||||
21 | training program, such as those accredited by the Accreditation | ||||||
22 | Council for Pharmacy Education (ACPE)/the American Society of | ||||||
23 | Health-System Pharmacists (ASHP) or other board approved | ||||||
24 | education and training programs. The pharmacist in charge is | ||||||
25 | not required to provide the required education to the pharmacy | ||||||
26 | technician, but the pharmacist in charge must ensure that the |
| |||||||
| |||||||
1 | pharmacy technician has presented proof that he or she | ||||||
2 | completed a standard nationally accredited or board approved | ||||||
3 | education and training program. | ||||||
4 | (b) Within 2 years of initial licensure as a pharmacy | ||||||
5 | technician and within 6 months before beginning any new after | ||||||
6 | initial employment or changing the duties and
responsibilities | ||||||
7 | of a registered pharmacy technician, it
shall be
the joint | ||||||
8 | responsibility of the pharmacy and the pharmacist in charge to
| ||||||
9 | train the registered
pharmacy technician or obtain proof of | ||||||
10 | prior training in the areas listed in
subsection (a)
of this | ||||||
11 | Section as they relate to the practice site or to document that | ||||||
12 | the pharmacy technician is making appropriate progress.
| ||||||
13 | (c) All pharmacies shall maintain an up-to-date training
| ||||||
14 | program policies and procedures manual
describing the duties | ||||||
15 | and responsibilities of a registered pharmacy technician and | ||||||
16 | registered certified pharmacy technician .
| ||||||
17 | (d) All pharmacies shall create and maintain retrievable
| ||||||
18 | records
of
training or proof of training as required in this | ||||||
19 | Section.
| ||||||
20 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
21 | (225 ILCS 85/22c new) | ||||||
22 | Sec. 22c. Automated prescription refills. | ||||||
23 | (a) Before a prescription that has a refill on file from a | ||||||
24 | prescribing practitioner may be included in an auto-refill | ||||||
25 | program, a patient or patient's agent must enroll each |
| |||||||
| |||||||
1 | prescription medication in an auto-refill program. | ||||||
2 | Prescriptions without a refill on file are not eligible for | ||||||
3 | auto-refill. | ||||||
4 | (b) Beginning January 1, 2021, a pharmacy using the | ||||||
5 | National Council for Prescription Drug Programs's SCRIPT | ||||||
6 | standard for receiving electronic prescriptions must enable, | ||||||
7 | activate, and maintain the ability to receive transmissions of | ||||||
8 | electronic prescription cancellation and to transmit | ||||||
9 | cancellation response transactions. | ||||||
10 | (c) Within 2 business days of receipt of a prescription | ||||||
11 | cancellation transaction, pharmacy staff must either review | ||||||
12 | the cancellation transaction for deactivation or provide that | ||||||
13 | deactivation occurs automatically. | ||||||
14 | (d) The Department shall adopt rules to implement this | ||||||
15 | Section. The rules shall ensure that discontinued medications | ||||||
16 | are not dispensed to a patient by a pharmacist or by any | ||||||
17 | automatic refill dispensing systems, whether prescribed | ||||||
18 | through electronic prescriptions or paper prescriptions.
| ||||||
19 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
21 | Sec. 30. Refusal, revocation, suspension, or other | ||||||
22 | discipline. | ||||||
23 | (a) The Department may refuse to issue or renew, or may | ||||||
24 | revoke a license, or may suspend, place on probation, fine, or | ||||||
25 | take any disciplinary or non-disciplinary action as the |
| |||||||
| |||||||
1 | Department may deem proper, including fines not to exceed | ||||||
2 | $10,000 for each violation, with regard to any licensee for any | ||||||
3 | one or combination of the following causes:
| ||||||
4 | 1. Material misstatement in furnishing information to | ||||||
5 | the Department.
| ||||||
6 | 2. Violations of this Act, or the rules promulgated | ||||||
7 | hereunder.
| ||||||
8 | 3. Making any misrepresentation for the purpose of | ||||||
9 | obtaining licenses.
| ||||||
10 | 4. A pattern of conduct which demonstrates | ||||||
11 | incompetence or unfitness
to practice.
| ||||||
12 | 5. Aiding or assisting another person in violating any | ||||||
13 | provision of
this Act or rules.
| ||||||
14 | 6. Failing, within 60 days, to respond to a written | ||||||
15 | request made by
the Department for information.
| ||||||
16 | 7. Engaging in unprofessional, dishonorable, or | ||||||
17 | unethical conduct of
a character likely to deceive, defraud | ||||||
18 | or harm the public.
| ||||||
19 | 8. Adverse action taken by another state or | ||||||
20 | jurisdiction against a license or other authorization to | ||||||
21 | practice as a pharmacy, pharmacist, registered certified | ||||||
22 | pharmacy technician, or registered pharmacy technician | ||||||
23 | that is the same or substantially equivalent to those set | ||||||
24 | forth in this Section, a certified copy of the record of | ||||||
25 | the action taken by the other state or jurisdiction being | ||||||
26 | prima facie evidence thereof.
|
| |||||||
| |||||||
1 | 9. Directly or indirectly giving to or receiving from | ||||||
2 | any person, firm,
corporation, partnership, or association | ||||||
3 | any fee, commission, rebate
or other form of compensation | ||||||
4 | for any professional services not actually
or personally | ||||||
5 | rendered. Nothing in this item 9 affects any bona fide | ||||||
6 | independent contractor or employment arrangements among | ||||||
7 | health care professionals, health facilities, health care | ||||||
8 | providers, or other entities, except as otherwise | ||||||
9 | prohibited by law. Any employment arrangements may include | ||||||
10 | provisions for compensation, health insurance, pension, or | ||||||
11 | other employment benefits for the provision of services | ||||||
12 | within the scope of the licensee's practice under this Act. | ||||||
13 | Nothing in this item 9 shall be construed to require an | ||||||
14 | employment arrangement to receive professional fees for | ||||||
15 | services rendered.
| ||||||
16 | 10. A finding by the Department that the licensee, | ||||||
17 | after having his
license placed on probationary status has | ||||||
18 | violated the terms of probation.
| ||||||
19 | 11. Selling or engaging in the sale of drug samples | ||||||
20 | provided at no
cost by drug manufacturers.
| ||||||
21 | 12. Physical illness, including but not limited to, | ||||||
22 | deterioration through
the aging process, or loss of motor | ||||||
23 | skill which results in the inability
to practice the | ||||||
24 | profession with reasonable judgment, skill or safety.
| ||||||
25 | 13. A finding that licensure or registration has been | ||||||
26 | applied for or
obtained by fraudulent means.
|
| |||||||
| |||||||
1 | 14. Conviction by plea of guilty or nolo contendere, | ||||||
2 | finding of guilt, jury verdict, or entry of judgment or | ||||||
3 | sentencing, including, but not limited to, convictions, | ||||||
4 | preceding sentences of supervision, conditional discharge, | ||||||
5 | or first offender probation, under the laws of any | ||||||
6 | jurisdiction of the United States that is (i) a felony or | ||||||
7 | (ii) a misdemeanor, an essential element of which is | ||||||
8 | dishonesty, or that is directly related to the practice of | ||||||
9 | pharmacy.
| ||||||
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.
| ||||||
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 Healthcare and | ||||||
18 | Family Services (formerly Department of
Public Aid) under | ||||||
19 | the Public Aid Code.
| ||||||
20 | 17. Gross and willful overcharging for professional | ||||||
21 | services including
filing false statements for collection | ||||||
22 | of fees for which services are
not rendered, including, but | ||||||
23 | not limited to, filing false statements
for collection of | ||||||
24 | monies for services not rendered from the medical
| ||||||
25 | assistance program of the Department of Healthcare and | ||||||
26 | Family Services (formerly Department of Public Aid) under |
| |||||||
| |||||||
1 | the Public Aid Code.
| ||||||
2 | 18. Dispensing prescription drugs without receiving a
| ||||||
3 | written or oral prescription in violation of law.
| ||||||
4 | 19. Upon a finding of a substantial discrepancy in a | ||||||
5 | Department audit
of a prescription drug, including | ||||||
6 | controlled substances, as that term
is defined in this Act | ||||||
7 | or in the Illinois Controlled Substances Act.
| ||||||
8 | 20. Physical or mental illness or any other impairment | ||||||
9 | or disability, including, without limitation: (A) | ||||||
10 | deterioration through the aging process or loss of motor | ||||||
11 | skills that
results in the inability to practice with
| ||||||
12 | reasonable judgment, skill or safety; or (B) mental | ||||||
13 | incompetence,
as declared
by a court of competent | ||||||
14 | jurisdiction.
| ||||||
15 | 21. Violation of the Health Care Worker Self-Referral | ||||||
16 | Act.
| ||||||
17 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
18 | poison in good
faith. "Good faith", for the purposes of | ||||||
19 | this Section, has the meaning
ascribed
to it in subsection | ||||||
20 | (u) of Section 102 of the Illinois Controlled Substances
| ||||||
21 | Act. "Good faith", as used in this item (22), shall not be | ||||||
22 | limited to the sale or dispensing of controlled substances, | ||||||
23 | but shall apply to all prescription drugs.
| ||||||
24 | 23. Interfering with the professional judgment of a | ||||||
25 | pharmacist by
any licensee under this Act, or the | ||||||
26 | licensee's agents or employees.
|
| |||||||
| |||||||
1 | 24. Failing to report within 60 days to the Department
| ||||||
2 | any adverse final action taken against a pharmacy, | ||||||
3 | pharmacist, registered pharmacy technician, or registered | ||||||
4 | certified pharmacy technician by another licensing | ||||||
5 | jurisdiction in any other state or any territory of the | ||||||
6 | United States or any foreign jurisdiction, any | ||||||
7 | governmental agency, any law enforcement agency, or any | ||||||
8 | court for acts or conduct similar to acts or conduct that | ||||||
9 | would constitute grounds for discipline as defined in this | ||||||
10 | Section. | ||||||
11 | 25. Failing to comply with a subpoena issued in | ||||||
12 | accordance with Section 35.5 of this Act.
| ||||||
13 | 26. Disclosing protected health information in | ||||||
14 | violation of any State or federal law. | ||||||
15 | 27. Willfully failing to report an instance of | ||||||
16 | suspected abuse, neglect, financial exploitation, or | ||||||
17 | self-neglect of an eligible adult as defined in and | ||||||
18 | required by the Adult Protective Services Act. | ||||||
19 | 28. Being named as an abuser in a verified report by | ||||||
20 | the Department on Aging under the Adult Protective Services | ||||||
21 | Act, and upon proof by clear and convincing evidence that | ||||||
22 | the licensee abused, neglected, or financially exploited | ||||||
23 | an eligible adult as defined in the Adult Protective | ||||||
24 | Services Act. | ||||||
25 | 29. Using advertisements or making solicitations that | ||||||
26 | may jeopardize the health, safety, or welfare of patients, |
| |||||||
| |||||||
1 | including, but not be limited to, the use of advertisements | ||||||
2 | or solicitations that: | ||||||
3 | (A) are false, fraudulent, deceptive, or | ||||||
4 | misleading; or | ||||||
5 | (B) include any claim regarding a professional | ||||||
6 | service or product or the cost or price thereof that | ||||||
7 | cannot be substantiated by the licensee. | ||||||
8 | 30. Requiring a pharmacist to participate in the use or | ||||||
9 | distribution of advertisements or in making solicitations | ||||||
10 | that may jeopardize the health, safety, or welfare of | ||||||
11 | patients. | ||||||
12 | 31. Failing to provide a working environment for all | ||||||
13 | pharmacy personnel that protects the health, safety, and | ||||||
14 | welfare of a patient, which includes, but is not limited | ||||||
15 | to, failing to: | ||||||
16 | (A) employ sufficient personnel to prevent | ||||||
17 | fatigue, distraction, or other conditions that | ||||||
18 | interfere with a pharmacist's ability to practice with | ||||||
19 | competency and safety or creates an environment that | ||||||
20 | jeopardizes patient care; | ||||||
21 | (B) provide appropriate opportunities for | ||||||
22 | uninterrupted rest periods and meal breaks; | ||||||
23 | (C) provide adequate time for a pharmacist to | ||||||
24 | complete professional duties and responsibilities, | ||||||
25 | including, but not limited to: | ||||||
26 | (i) drug utilization review; |
| |||||||
| |||||||
1 | (ii) immunization; | ||||||
2 | (iii) counseling; | ||||||
3 | (iv) verification of the accuracy of a | ||||||
4 | prescription; and | ||||||
5 | (v) all other duties and responsibilities of a | ||||||
6 | pharmacist as listed in the rules of the | ||||||
7 | Department. | ||||||
8 | 32. Introducing or enforcing external factors, such as | ||||||
9 | productivity or production quotas or other programs | ||||||
10 | against pharmacists, student pharmacists or pharmacy | ||||||
11 | technicians, to the extent that they interfere with the | ||||||
12 | ability of those individuals to provide appropriate | ||||||
13 | professional services to the public. | ||||||
14 | 33. Providing an incentive for or inducing the transfer | ||||||
15 | of a prescription for a patient absent a professional | ||||||
16 | rationale. | ||||||
17 | (b) The Department may refuse to issue or may suspend the | ||||||
18 | license of any person who fails to file a return, or to pay the | ||||||
19 | tax,
penalty or interest shown in a filed return, or to pay any | ||||||
20 | final assessment
of tax, penalty or interest, as required by | ||||||
21 | any tax Act administered by the
Illinois Department of Revenue, | ||||||
22 | until such time as the requirements of any
such tax Act are | ||||||
23 | satisfied.
| ||||||
24 | (c) The Department shall revoke any license issued under | ||||||
25 | the provisions of this Act or any prior Act of
this State of | ||||||
26 | any person who has been convicted a second time of committing
|
| |||||||
| |||||||
1 | any felony under the Illinois Controlled Substances Act, or who
| ||||||
2 | has been convicted a second time of committing a Class 1 felony | ||||||
3 | under
Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
| ||||||
4 | person whose license issued under the
provisions of this Act or | ||||||
5 | any prior Act of this State is revoked under this
subsection | ||||||
6 | (c) shall be prohibited from engaging in the practice of
| ||||||
7 | pharmacy in this State.
| ||||||
8 | (d) Fines may be imposed in conjunction with other forms of | ||||||
9 | disciplinary action, but shall not be the exclusive disposition | ||||||
10 | of any disciplinary action arising out of conduct resulting in | ||||||
11 | death or injury to a patient. Fines shall be paid within 60 | ||||||
12 | days or as otherwise agreed to by the Department. Any funds | ||||||
13 | collected from such fines shall be deposited in the Illinois | ||||||
14 | State Pharmacy Disciplinary Fund.
| ||||||
15 | (e) The entry of an order or judgment by any circuit court | ||||||
16 | establishing that any person holding a license or certificate | ||||||
17 | under this Act is a person in need of mental treatment operates | ||||||
18 | as a suspension of that license. A licensee may resume his or | ||||||
19 | her practice only upon the entry of an order of the Department | ||||||
20 | based upon a finding by the Board that he or she has been | ||||||
21 | determined to be recovered from mental illness by the court and | ||||||
22 | upon the Board's recommendation that the licensee be permitted | ||||||
23 | to resume his or her practice.
| ||||||
24 | (f) The Department shall issue quarterly to the Board a | ||||||
25 | status of all
complaints related to the profession received by | ||||||
26 | the Department.
|
| |||||||
| |||||||
1 | (g) In enforcing this Section, the Board or the Department, | ||||||
2 | upon a showing of a possible violation, may compel any licensee | ||||||
3 | or applicant for licensure under this Act to submit to a mental | ||||||
4 | or physical examination or both, as required by and at the | ||||||
5 | expense of the Department. The examining physician, or | ||||||
6 | multidisciplinary team involved in providing physical and | ||||||
7 | mental examinations led by a physician consisting of one or a | ||||||
8 | combination of licensed physicians, licensed clinical | ||||||
9 | psychologists, licensed clinical social workers, licensed | ||||||
10 | clinical professional counselors, and other professional and | ||||||
11 | administrative staff, shall be those specifically designated | ||||||
12 | by the Department. The Board or the Department may order the | ||||||
13 | examining physician or any member of the multidisciplinary team | ||||||
14 | to present testimony concerning this mental or physical | ||||||
15 | examination of the licensee or applicant. No information, | ||||||
16 | report, or other documents in any way related to the | ||||||
17 | examination shall be excluded by reason of any common law or | ||||||
18 | statutory privilege relating to communication between the | ||||||
19 | licensee or applicant and the examining physician or any member | ||||||
20 | of the multidisciplinary team. The individual to be examined | ||||||
21 | may have, at his or her own expense, another physician of his | ||||||
22 | or her choice present during all aspects of the examination. | ||||||
23 | Failure of any individual to submit to a mental or physical | ||||||
24 | examination when directed shall result in the automatic | ||||||
25 | suspension of his or her license until such time as the | ||||||
26 | individual submits to the examination. If the Board or |
| |||||||
| |||||||
1 | Department finds a pharmacist, registered certified pharmacy | ||||||
2 | technician, or registered pharmacy technician unable to | ||||||
3 | practice because of the reasons set forth in this Section, the | ||||||
4 | Board or Department shall require such pharmacist, registered | ||||||
5 | certified pharmacy technician, or registered pharmacy | ||||||
6 | technician to submit to care, counseling, or treatment by | ||||||
7 | physicians or other appropriate health care providers approved | ||||||
8 | or designated by the Department as a condition for continued, | ||||||
9 | restored reinstated , or renewed licensure to practice. Any | ||||||
10 | pharmacist, registered certified pharmacy technician, or | ||||||
11 | registered pharmacy technician whose license was granted, | ||||||
12 | continued, restored reinstated , renewed, disciplined, or | ||||||
13 | supervised, subject to such terms, conditions, or | ||||||
14 | restrictions, and who fails to comply with such terms, | ||||||
15 | conditions, or restrictions or to complete a required program | ||||||
16 | of care, counseling, or treatment, as determined by the chief | ||||||
17 | pharmacy coordinator, shall be referred to the Secretary for a | ||||||
18 | determination as to whether the licensee shall have his or her | ||||||
19 | license suspended immediately, pending a hearing by the Board. | ||||||
20 | In instances in which the Secretary immediately suspends a | ||||||
21 | license under this subsection (g), a hearing upon such person's | ||||||
22 | license must be convened by the Board within 15 days after such | ||||||
23 | suspension and completed without appreciable delay. The | ||||||
24 | Department and Board shall have the authority to review the | ||||||
25 | subject pharmacist's, registered certified pharmacy | ||||||
26 | technician's, or registered pharmacy technician's record of |
| |||||||
| |||||||
1 | treatment and counseling regarding the impairment.
| ||||||
2 | (h) An individual or organization acting in good faith, and | ||||||
3 | not in a willful and wanton manner, in complying with this | ||||||
4 | Section by providing a report or other information to the | ||||||
5 | Board, by assisting in the investigation or preparation of a | ||||||
6 | report or information, by participating in proceedings of the | ||||||
7 | Board, or by serving as a member of the Board shall not, as a | ||||||
8 | result of such actions, be subject to criminal prosecution or | ||||||
9 | civil damages. Any person who reports a violation of this | ||||||
10 | Section to the Department is protected under subsection (b) of | ||||||
11 | Section 15 of the Whistleblower Act. | ||||||
12 | (i) Members of the Board shall have no liability in any | ||||||
13 | action based upon any disciplinary proceedings or other | ||||||
14 | activity performed in good faith as a member of the Board be | ||||||
15 | indemnified by the State for any actions occurring within the | ||||||
16 | scope of services on the Board, done in good faith, and not | ||||||
17 | willful and wanton in nature . The Attorney General shall defend | ||||||
18 | all such actions unless he or she determines either that there | ||||||
19 | would be a conflict of interest in such representation or that | ||||||
20 | the actions complained of were not in good faith or were | ||||||
21 | willful and wanton. | ||||||
22 | If the Attorney General declines representation, the | ||||||
23 | member shall have the right to employ counsel of his or her | ||||||
24 | choice, whose fees shall be provided by the State, after | ||||||
25 | approval by the Attorney General, unless there is a | ||||||
26 | determination by a court that the member's actions were not in |
| |||||||
| |||||||
1 | good faith or were willful and wanton. | ||||||
2 | The member must notify the Attorney General within 7 days | ||||||
3 | of receipt of notice of the initiation of any action involving | ||||||
4 | services of the Board. Failure to so notify the Attorney | ||||||
5 | General shall constitute an absolute waiver of the right to a | ||||||
6 | defense and indemnification. | ||||||
7 | The Attorney General shall determine, within 7 days after | ||||||
8 | receiving such notice, whether he or she will undertake to | ||||||
9 | represent the member. | ||||||
10 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
11 | (225 ILCS 85/33) (from Ch. 111, par. 4153)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
13 | Sec. 33. The Secretary may, upon receipt of a
written | ||||||
14 | communication from the Secretary of Human Services, the | ||||||
15 | Director of Healthcare and Family Services (formerly Director | ||||||
16 | of
Public Aid), or the Director of Public Health
that | ||||||
17 | continuation of practice of a person
licensed or registered | ||||||
18 | under this Act constitutes an immediate danger
to the public, | ||||||
19 | immediately suspend the license of such
person without a | ||||||
20 | hearing. In instances in which the Secretary immediately
| ||||||
21 | suspends a license under this Act, a hearing
upon such person's | ||||||
22 | license must be convened by the Board within 15 days
after such | ||||||
23 | suspension and completed without appreciable delay, such
| ||||||
24 | hearing held to determine whether to recommend to the Secretary | ||||||
25 | that
the person's license be revoked, suspended, placed on |
| |||||||
| |||||||
1 | probationary
status or restored reinstated , or such person be | ||||||
2 | subject to other disciplinary
action. In such hearing, the | ||||||
3 | written communication and any other evidence
submitted | ||||||
4 | therewith may be introduced as evidence against such person;
| ||||||
5 | provided however, the person, or his counsel, shall have the | ||||||
6 | opportunity
to discredit or impeach such evidence and submit | ||||||
7 | evidence rebutting
same.
| ||||||
8 | (Source: P.A. 100-497, eff. 9-8-17.)
| ||||||
9 | (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
11 | Sec. 35.3.
The Department,
at its expense, shall preserve a | ||||||
12 | record of all proceedings at the formal
hearing of any case | ||||||
13 | involving the refusal to issue, renew or discipline
of a | ||||||
14 | license. The notice of hearing, complaint and all other | ||||||
15 | documents
in the nature of pleadings and written motions filed | ||||||
16 | in the proceedings,
the transcript of testimony, the report of | ||||||
17 | the Board or hearing officer, exhibits,
and orders of the | ||||||
18 | Department shall be the record of such proceeding.
| ||||||
19 | (Source: P.A. 85-796 .)
| ||||||
20 | (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
22 | Sec. 35.5. The Department shall have power to subpoena
and | ||||||
23 | bring before it any person in this State and to take testimony,
| ||||||
24 | either orally or by deposition or both, with the same fees and |
| |||||||
| |||||||
1 | mileage
and in the same manner as prescribed by law in judicial | ||||||
2 | proceedings
in civil cases in circuit courts of this State. The | ||||||
3 | Department may subpoena and compel the production of documents, | ||||||
4 | papers, files, books, and records in connection with any | ||||||
5 | hearing or investigation.
| ||||||
6 | The Secretary, hearing officer, and any member of the | ||||||
7 | Board, shall each have power to
administer oaths to witnesses | ||||||
8 | at any hearing which the Department is
authorized to conduct | ||||||
9 | under this Act, and any other oaths required
or authorized to | ||||||
10 | be administered by the Department hereunder.
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11 | (Source: P.A. 100-497, eff. 9-8-17.)
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12 | (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
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13 | (Section scheduled to be repealed on January 1, 2020)
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14 | Sec. 35.9.
Whenever the Secretary Director is satisfied | ||||||
15 | that substantial justice has
not been done in the revocation, | ||||||
16 | suspension or refusal to issue or renew a
license or | ||||||
17 | registration, the Secretary Director may order a rehearing by | ||||||
18 | the same hearing
officer and Board.
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19 | (Source: P.A. 88-428 .)
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20 | (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
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21 | (Section scheduled to be repealed on January 1, 2020)
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22 | Sec. 35.10. None of the disciplinary functions, powers and | ||||||
23 | duties
enumerated in this Act shall be exercised by the | ||||||
24 | Department except
upon the review
of the Board.
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1 | In all instances, under this Act, in which the Board has | ||||||
2 | rendered a
recommendation to the Director with respect to a | ||||||
3 | particular license
or certificate, the Director shall, in the | ||||||
4 | event that he or she disagrees
with or takes action contrary to | ||||||
5 | the recommendation of the Board, file
with the Board his or her | ||||||
6 | specific written reasons
of disagreement with the Board.
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7 | (Source: P.A. 95-689, eff. 10-29-07 .)
| ||||||
8 | (225 ILCS 85/35.21) | ||||||
9 | (Section scheduled to be repealed on January 1, 2020) | ||||||
10 | Sec. 35.21. Citations. | ||||||
11 | (a) The Department may issue shall adopt rules to permit | ||||||
12 | the issuance of citations to any licensee for any violation of | ||||||
13 | this Act or the rules. The citation shall be issued to the | ||||||
14 | licensee or other person alleged to have committed one or more | ||||||
15 | violations and shall contain the licensee's or other person's | ||||||
16 | name and address, the licensee's license number, if any, a | ||||||
17 | brief factual statement, the Sections of this Act or the rules | ||||||
18 | allegedly violated, and the penalty imposed, which shall not | ||||||
19 | exceed $1,000. The citation must clearly state that if the | ||||||
20 | cited person wishes to dispute the citation, he or she may | ||||||
21 | request in writing, within 30 days after the citation is | ||||||
22 | served, a hearing before the Department. If the cited person | ||||||
23 | does not request a hearing within 30 days after the citation is | ||||||
24 | served, then the citation shall become a final, | ||||||
25 | non-disciplinary order and any fine imposed is due and payable. |
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| |||||||
1 | If the cited person requests a hearing within 30 days after the | ||||||
2 | citation is served, the Department shall afford the cited | ||||||
3 | person a hearing conducted in the same manner as a hearing | ||||||
4 | provided in this Act for any violation of this Act and shall | ||||||
5 | determine whether the cited person committed the violation as | ||||||
6 | charged and whether the fine as levied is warranted. If the | ||||||
7 | violation is found, any fine shall constitute discipline and be | ||||||
8 | due and payable within 30 days of the order of the Secretary. | ||||||
9 | Failure to comply with any final order may subject the licensed | ||||||
10 | person to further discipline or other action by the Department | ||||||
11 | or a referral to the State's Attorney. | ||||||
12 | (b) A citation must be issued within 6 months after the | ||||||
13 | reporting of a violation that is the basis for the citation. | ||||||
14 | (c) Service of a citation shall be made in person, | ||||||
15 | electronically, or by mail to the licensee at the licensee's | ||||||
16 | address of record or email address of record. | ||||||
17 | (d) Nothing in this Section shall prohibit or limit the | ||||||
18 | Department from taking further action pursuant to this Act and | ||||||
19 | rules for additional, repeated, or continuing violations.
| ||||||
20 | (e) The Department may adopt rules for the issuance of | ||||||
21 | citations in accordance with this Section. | ||||||
22 | (Source: P.A. 100-497, eff. 9-8-17.) | ||||||
23 | (225 ILCS 85/2.5 rep.) | ||||||
24 | (225 ILCS 85/29 rep.) | ||||||
25 | (225 ILCS 85/35.12 rep.) |
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| |||||||
1 | Section 15. The Pharmacy Practice Act is amended by | ||||||
2 | repealing Sections 2.5, 29, and 35.12.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law, except that Sections 10 and 15 take effect | ||||||
5 | January 1, 2020.".
|