96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1443

 

Introduced 2/18/2009, by Sen. Michael W. Frerichs

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 85/3   from Ch. 111 1/2, par. 144
225 ILCS 85/15   from Ch. 111, par. 4135

    Amends the Hospital Licensing Act. Provides that the term "hospital" does not include animal hospitals or animal care facilities maintained by any university or college established under the laws of this State and supported by public funds raised by taxation. Amends the Pharmacy Practice Act. Provides that the Secretary's waiver of the requirement that a pharmacist be on duty at all times for State facilities not treating human ailments shall remain in effect until it is rescinded by the Secretary and the Department provides written notice of the rescission to the State facility. Effective immediately.


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A BILL FOR

 

SB1443 LRB096 08942 ASK 19080 b

1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Hospital Licensing Act is amended by
5 changing Section 3 as follows:
 
6     (210 ILCS 85/3)  (from Ch. 111 1/2, par. 144)
7     Sec. 3. As used in this Act:
8     (A) "Hospital" means any institution, place, building, or
9 agency, public or private, whether organized for profit or not,
10 devoted primarily to the maintenance and operation of
11 facilities for the diagnosis and treatment or care of 2 or more
12 unrelated persons admitted for overnight stay or longer in
13 order to obtain medical, including obstetric, psychiatric and
14 nursing, care of illness, disease, injury, infirmity, or
15 deformity.
16     The term "hospital", without regard to length of stay,
17 shall also include:
18         (a) any facility which is devoted primarily to
19     providing psychiatric and related services and programs
20     for the diagnosis and treatment or care of 2 or more
21     unrelated persons suffering from emotional or nervous
22     diseases;
23         (b) all places where pregnant females are received,

 

 

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1     cared for, or treated during delivery irrespective of the
2     number of patients received.
3     The term "hospital" includes general and specialized
4 hospitals, tuberculosis sanitaria, mental or psychiatric
5 hospitals and sanitaria, and includes maternity homes,
6 lying-in homes, and homes for unwed mothers in which care is
7 given during delivery.
8     The term "hospital" does not include:
9         (1) any person or institution required to be licensed
10     pursuant to the Nursing Home Care Act, as amended;
11         (2) hospitalization or care facilities maintained by
12     the State or any department or agency thereof, where such
13     department or agency has authority under law to establish
14     and enforce standards for the hospitalization or care
15     facilities under its management and control;
16         (3) hospitalization or care facilities maintained by
17     the federal government or agencies thereof;
18         (4) hospitalization or care facilities, either animal
19     or human, maintained by any university or college
20     established under the laws of this State and supported
21     principally by public funds raised by taxation;
22         (5) any person or facility required to be licensed
23     pursuant to the Alcoholism and Other Drug Abuse and
24     Dependency Act;
25         (6) any facility operated solely by and for persons who
26     rely exclusively upon treatment by spiritual means through

 

 

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1     prayer, in accordance with the creed or tenets of any
2     well-recognized church or religious denomination; or
3         (7) An Alzheimer's disease management center
4     alternative health care model licensed under the
5     Alternative Health Care Delivery Act.
6     (B) "Person" means the State, and any political subdivision
7 or municipal corporation, individual, firm, partnership,
8 corporation, company, association, or joint stock association,
9 or the legal successor thereof.
10     (C) "Department" means the Department of Public Health of
11 the State of Illinois.
12     (D) "Director" means the Director of Public Health of the
13 State of Illinois.
14     (E) "Perinatal" means the period of time between the
15 conception of an infant and the end of the first month after
16 birth.
17     (F) "Federally designated organ procurement agency" means
18 the organ procurement agency designated by the Secretary of the
19 U.S. Department of Health and Human Services for the service
20 area in which a hospital is located; except that in the case of
21 a hospital located in a county adjacent to Wisconsin which
22 currently contracts with an organ procurement agency located in
23 Wisconsin that is not the organ procurement agency designated
24 by the U.S. Secretary of Health and Human Services for the
25 service area in which the hospital is located, if the hospital
26 applies for a waiver pursuant to 42 USC 1320b-8(a), it may

 

 

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1 designate an organ procurement agency located in Wisconsin to
2 be thereafter deemed its federally designated organ
3 procurement agency for the purposes of this Act.
4     (G) "Tissue bank" means any facility or program operating
5 in Illinois that is certified by the American Association of
6 Tissue Banks or the Eye Bank Association of America and is
7 involved in procuring, furnishing, donating, or distributing
8 corneas, bones, or other human tissue for the purpose of
9 injecting, transfusing, or transplanting any of them into the
10 human body. "Tissue bank" does not include a licensed blood
11 bank. For the purposes of this Act, "tissue" does not include
12 organs.
13 (Source: P.A. 91-838, eff. 6-16-00.)
 
14     Section 10. The Pharmacy Practice Act is amended by
15 changing Section 15 as follows:
 
16     (225 ILCS 85/15)  (from Ch. 111, par. 4135)
17     (Section scheduled to be repealed on January 1, 2018)
18     Sec. 15. Pharmacy requirements. It shall be unlawful for
19 the owner of any pharmacy, as defined in this Act, to operate
20 or conduct the same, or to allow the same to be operated or
21 conducted, unless:
22     (a) It has a licensed pharmacist, authorized to practice
23 pharmacy in this State under the provisions of this Act, on
24 duty whenever the practice of pharmacy is conducted;

 

 

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1     (b) Security provisions for all drugs and devices, as
2 determined by rule of the Department, are provided during the
3 absence from the licensed pharmacy of all licensed pharmacists.
4 Maintenance of security provisions is the responsibility of the
5 licensed pharmacist in charge; and
6     (c) The pharmacy is licensed under this Act to conduct the
7 practice of pharmacy in any and all forms from the physical
8 address of the pharmacy's primary inventory where U.S. mail is
9 delivered. If a facility, company, or organization operates
10 multiple pharmacies from multiple physical addresses, a
11 separate pharmacy license is required for each different
12 physical address .
13     (d) The Department may allow a pharmacy that is not located
14 at the same location as its home pharmacy and at which pharmacy
15 services are provided during an emergency situation, as defined
16 by rule, to be operated as an emergency remote pharmacy. An
17 emergency remote pharmacy operating under this subsection (d)
18 shall operate under the license of the home pharmacy.
19     The Secretary Director may waive the requirement for a
20 pharmacist to be on duty at all times for State facilities not
21 treating human ailments. This waiver of the requirement remains
22 in effect until it is rescinded by the Secretary and the
23 Department provides written notice of the rescission to the
24 State facility.
25     It shall be unlawful for any person, who is not a licensed
26 pharmacy or health care facility, to purport to be such or to

 

 

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1 use in name, title, or sign designating, or in connection with
2 that place of business, any of the words: "pharmacy",
3 "pharmacist", "pharmacy department", "apothecary", "druggist",
4 "drug", "drugs", "medicines", "medicine store", "drug
5 sundries", "prescriptions filled", or any list of words
6 indicating that drugs are compounded or sold to the lay public,
7 or prescriptions are dispensed therein. Each day during which,
8 or a part which, such representation is made or appears or such
9 a sign is allowed to remain upon or in such a place of business
10 shall constitute a separate offense under this Act.
11     The holder of any license or certificate of registration
12 shall conspicuously display it in the pharmacy in which he is
13 engaged in the practice of pharmacy. The pharmacist in charge
14 shall conspicuously display his name in such pharmacy. The
15 pharmacy license shall also be conspicuously displayed.
16 (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.