Rep. Ron Stephens
Filed: 3/15/2005
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1 | AMENDMENT TO HOUSE BILL 2768
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2 | AMENDMENT NO. ______. Amend House Bill 2768 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||||
5 | changing Section 15 and by adding Section 24.5 as follows:
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6 | (225 ILCS 85/15) (from Ch. 111, par. 4135)
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7 | (Section scheduled to be repealed on January 1, 2008)
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8 | Sec. 15. Pharmacy requirements. It shall be unlawful
for | ||||||
9 | the owner of any pharmacy, as defined in this Act, to operate | ||||||
10 | or conduct
the same, or to allow the same to be
operated or | ||||||
11 | conducted, unless:
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12 | (a) It has a licensed pharmacist, authorized to practice | ||||||
13 | pharmacy
in this State under the provisions of this Act, on | ||||||
14 | duty whenever the
practice of pharmacy is conducted;
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15 | (b) Security provisions for all drugs and devices, as | ||||||
16 | determined by
rule of the Department, are provided during the | ||||||
17 | absence from the licensed
pharmacy of all licensed pharmacists. | ||||||
18 | Maintenance of security provisions
is the responsibility of the | ||||||
19 | licensed registered pharmacist in charge;
and
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20 | (c) The pharmacy is licensed under this Act to do business.
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21 | The Department shall, by rule, provide requirements for | ||||||
22 | each division
of pharmacy license and shall, as well provide | ||||||
23 | guidelines for the designation
of a registered pharmacist in | ||||||
24 | charge for each division.
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1 | Division I. Retail Licenses for pharmacies which are open | ||||||
2 | to, or offer
pharmacy services to, the general public.
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3 | Division II. Licenses for pharmacies whose primary | ||||||
4 | pharmacy service
is provided to patients or residents of | ||||||
5 | facilities licensed under the
Nursing Home Care Act or the | ||||||
6 | Hospital Licensing Act,
or "An Act in relation to the
founding | ||||||
7 | and operation of the University of Illinois Hospital and the
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8 | conduct of University of Illinois health care programs", | ||||||
9 | approved July 3,
1931, as amended,
and which are not located in | ||||||
10 | the facilities they serve.
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11 | Division III. Licenses for pharmacies which are located in | ||||||
12 | a facility
licensed under the Nursing Home Care Act or the | ||||||
13 | Hospital
Licensing Act,
or "An Act in relation to the
founding | ||||||
14 | and operation of the University of Illinois Hospital and the
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15 | conduct of University of Illinois health care programs", | ||||||
16 | approved July 3,
1931, as amended,
or a facility which is | ||||||
17 | operated by the Department of Human
Services (as successor to | ||||||
18 | the Department of Mental Health
and Developmental | ||||||
19 | Disabilities) or the Department of Corrections,
and which | ||||||
20 | provide pharmacy services to residents or patients of the
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21 | facility, as well as employees, prescribers and students of the | ||||||
22 | facility.
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23 | Division IV. Licenses for pharmacies which provide or offer | ||||||
24 | for sale
radioactive materials.
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25 | Division V. Licenses for pharmacies which hold licenses in | ||||||
26 | Division
II or Division III which also provide pharmacy | ||||||
27 | services to the general
public, or pharmacies which are located | ||||||
28 | in or whose primary pharmacy
service is to ambulatory care | ||||||
29 | facilities or schools of veterinary medicine
or other such | ||||||
30 | institution or facility.
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31 | Division VI. Licenses for pharmacies that provide drug | ||||||
32 | reviews, medication therapy management, and other | ||||||
33 | pharmaceutical care services. Pharmacists practicing in | ||||||
34 | Division VI pharmacies shall not purchase, stock, sell, or |
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1 | dispense drugs. Nothing in this paragraph shall limit the | ||||||
2 | practice of pharmacy or provision of pharmaceutical care by a | ||||||
3 | pharmacist practicing in pharmacies licensed under Division I, | ||||||
4 | II, III, IV, or V.
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5 | The Director may waive the requirement for a pharmacist to | ||||||
6 | be on duty
at all times for State facilities not treating human | ||||||
7 | ailments.
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8 | It shall be unlawful for any person, who is not a licensed | ||||||
9 | pharmacy
or health care facility, to purport to be such or to | ||||||
10 | use in name, title,
or sign designating, or in connection with | ||||||
11 | that place of business,
any of the words: "pharmacy", | ||||||
12 | "pharmacist", "pharmacy department",
"apothecary", "druggist", | ||||||
13 | "drug", "drugs", "medicines", "medicine store",
"drug | ||||||
14 | sundries", "prescriptions filled", or any list of words | ||||||
15 | indicating
that drugs are compounded or sold to the lay public, | ||||||
16 | or prescriptions
are dispensed therein. Each day during which, | ||||||
17 | or a part which, such
representation is made or appears or such | ||||||
18 | a sign is allowed to remain
upon or in such a place of business | ||||||
19 | shall constitute a separate offense
under this Act.
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20 | The holder of any license or certificate of registration | ||||||
21 | shall conspicuously
display it in the pharmacy in which he is | ||||||
22 | engaged in the practice of
pharmacy. The registered pharmacist | ||||||
23 | in charge shall conspicuously
display his name in such | ||||||
24 | pharmacy. The pharmacy license shall also
be conspicuously | ||||||
25 | displayed.
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26 | (Source: P.A. 92-880, eff. 1-1-04.)
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27 | (225 ILCS 85/24.5 new) | ||||||
28 | Sec. 24.5. Sale of prescription drugs at best price. If a | ||||||
29 | wholesale drug distributor or pharmacy benefit manager has | ||||||
30 | entered into a contract with the State to sell or negotiate the | ||||||
31 | sale of a prescription drug to the State at a particular price, | ||||||
32 | then, upon the request of any pharmacy domiciled in this State, | ||||||
33 | the wholesale drug distributor or pharmacy benefit manager must |
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1 | disclose that price and make that prescription drug available | ||||||
2 | to the pharmacy at that same price during the period that the | ||||||
3 | contract with the State is in effect, regardless of the | ||||||
4 | quantity of the drug purchased by the pharmacy. This Section | ||||||
5 | applies only to contracts for the sale of prescription drugs | ||||||
6 | entered into between a pharmacy and a wholesale drug | ||||||
7 | distributor or pharmacy benefit manager on or after the | ||||||
8 | effective date of this amendatory Act of the 94th General | ||||||
9 | Assembly.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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