Sen. Michael W. Frerichs

Filed: 3/25/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1443

2     AMENDMENT NO. ______. Amend Senate Bill 1443, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Hospital Licensing Act is amended by
6 changing Section 3 as follows:
 
7     (210 ILCS 85/3)  (from Ch. 111 1/2, par. 144)
8     Sec. 3. As used in this Act:
9     (A) "Hospital" means any institution, place, building, or
10 agency, public or private, whether organized for profit or not,
11 devoted primarily to the maintenance and operation of
12 facilities for the diagnosis and treatment or care of 2 or more
13 unrelated persons admitted for overnight stay or longer in
14 order to obtain medical, including obstetric, psychiatric and
15 nursing, care of illness, disease, injury, infirmity, or
16 deformity.

 

 

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1     The term "hospital", without regard to length of stay,
2 shall also include:
3         (a) any facility which is devoted primarily to
4     providing psychiatric and related services and programs
5     for the diagnosis and treatment or care of 2 or more
6     unrelated persons suffering from emotional or nervous
7     diseases;
8         (b) all places where pregnant females are received,
9     cared for, or treated during delivery irrespective of the
10     number of patients received.
11     The term "hospital" includes general and specialized
12 hospitals, tuberculosis sanitaria, mental or psychiatric
13 hospitals and sanitaria, and includes maternity homes,
14 lying-in homes, and homes for unwed mothers in which care is
15 given during delivery.
16     The term "hospital" does not include:
17         (1) any person or institution required to be licensed
18     pursuant to the Nursing Home Care Act, as amended;
19         (2) hospitalization or care facilities maintained by
20     the State or any department or agency thereof, where such
21     department or agency has authority under law to establish
22     and enforce standards for the hospitalization or care
23     facilities under its management and control;
24         (3) hospitalization or care facilities maintained by
25     the federal government or agencies thereof;
26         (4) hospitalization or care facilities maintained by

 

 

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1     any university or college established under the laws of
2     this State and supported principally by public funds raised
3     by taxation;
4         (5) any person or facility required to be licensed
5     pursuant to the Alcoholism and Other Drug Abuse and
6     Dependency Act;
7         (6) any facility operated solely by and for persons who
8     rely exclusively upon treatment by spiritual means through
9     prayer, in accordance with the creed or tenets of any
10     well-recognized church or religious denomination; or
11         (7) an An Alzheimer's disease management center
12     alternative health care model licensed under the
13     Alternative Health Care Delivery Act; or .
14         (8) any veterinary hospital or clinic operated by a
15     veterinarian or veterinarians licensed under the
16     Veterinary Medicine and Surgery Practice Act of 2004 or
17     maintained by a state-supported or publicly funded
18     university or college.
19     (B) "Person" means the State, and any political subdivision
20 or municipal corporation, individual, firm, partnership,
21 corporation, company, association, or joint stock association,
22 or the legal successor thereof.
23     (C) "Department" means the Department of Public Health of
24 the State of Illinois.
25     (D) "Director" means the Director of Public Health of the
26 State of Illinois.

 

 

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1     (E) "Perinatal" means the period of time between the
2 conception of an infant and the end of the first month after
3 birth.
4     (F) "Federally designated organ procurement agency" means
5 the organ procurement agency designated by the Secretary of the
6 U.S. Department of Health and Human Services for the service
7 area in which a hospital is located; except that in the case of
8 a hospital located in a county adjacent to Wisconsin which
9 currently contracts with an organ procurement agency located in
10 Wisconsin that is not the organ procurement agency designated
11 by the U.S. Secretary of Health and Human Services for the
12 service area in which the hospital is located, if the hospital
13 applies for a waiver pursuant to 42 USC 1320b-8(a), it may
14 designate an organ procurement agency located in Wisconsin to
15 be thereafter deemed its federally designated organ
16 procurement agency for the purposes of this Act.
17     (G) "Tissue bank" means any facility or program operating
18 in Illinois that is certified by the American Association of
19 Tissue Banks or the Eye Bank Association of America and is
20 involved in procuring, furnishing, donating, or distributing
21 corneas, bones, or other human tissue for the purpose of
22 injecting, transfusing, or transplanting any of them into the
23 human body. "Tissue bank" does not include a licensed blood
24 bank. For the purposes of this Act, "tissue" does not include
25 organs.
26 (Source: P.A. 91-838, eff. 6-16-00.)
 

 

 

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1     Section 10. The Pharmacy Practice Act is amended by
2 changing Section 15 as follows:
 
3     (225 ILCS 85/15)  (from Ch. 111, par. 4135)
4     (Section scheduled to be repealed on January 1, 2018)
5     Sec. 15. Pharmacy requirements. It shall be unlawful for
6 the owner of any pharmacy, as defined in this Act, to operate
7 or conduct the same, or to allow the same to be operated or
8 conducted, unless:
9     (a) It has a licensed pharmacist, authorized to practice
10 pharmacy in this State under the provisions of this Act, on
11 duty whenever the practice of pharmacy is conducted;
12     (b) Security provisions for all drugs and devices, as
13 determined by rule of the Department, are provided during the
14 absence from the licensed pharmacy of all licensed pharmacists.
15 Maintenance of security provisions is the responsibility of the
16 licensed pharmacist in charge; and
17     (c) The pharmacy is licensed under this Act to conduct the
18 practice of pharmacy in any and all forms from the physical
19 address of the pharmacy's primary inventory where U.S. mail is
20 delivered. If a facility, company, or organization operates
21 multiple pharmacies from multiple physical addresses, a
22 separate pharmacy license is required for each different
23 physical address .
24     (d) The Department may allow a pharmacy that is not located

 

 

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1 at the same location as its home pharmacy and at which pharmacy
2 services are provided during an emergency situation, as defined
3 by rule, to be operated as an emergency remote pharmacy. An
4 emergency remote pharmacy operating under this subsection (d)
5 shall operate under the license of the home pharmacy.
6     The Secretary Director may waive the requirement for a
7 pharmacist to be on duty at all times for State facilities not
8 treating human ailments. This waiver of the requirement remains
9 in effect until it is rescinded by the Secretary and the
10 Department provides written notice of the rescission to the
11 State facility.
12     It shall be unlawful for any person, who is not a licensed
13 pharmacy or health care facility, to purport to be such or to
14 use in name, title, or sign designating, or in connection with
15 that place of business, any of the words: "pharmacy",
16 "pharmacist", "pharmacy department", "apothecary", "druggist",
17 "drug", "drugs", "medicines", "medicine store", "drug
18 sundries", "prescriptions filled", or any list of words
19 indicating that drugs are compounded or sold to the lay public,
20 or prescriptions are dispensed therein. Each day during which,
21 or a part which, such representation is made or appears or such
22 a sign is allowed to remain upon or in such a place of business
23 shall constitute a separate offense under this Act.
24     The holder of any license or certificate of registration
25 shall conspicuously display it in the pharmacy in which he is
26 engaged in the practice of pharmacy. The pharmacist in charge

 

 

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1 shall conspicuously display his name in such pharmacy. The
2 pharmacy license shall also be conspicuously displayed.
3 (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
 
4     Section 15. The Illinois Controlled Substances Act is
5 amended by changing Section 302 as follows:
 
6     (720 ILCS 570/302)  (from Ch. 56 1/2, par. 1302)
7     Sec. 302. (a) Every person who manufactures, distributes,
8 or dispenses any controlled substances, or engages in chemical
9 analysis, and instructional activities which utilize
10 controlled substances, or who purchases, stores, or
11 administers euthanasia drugs, within this State or who proposes
12 to engage in the manufacture, distribution, or dispensing of
13 any controlled substance, or to engage in chemical analysis,
14 and instructional activities which utilize controlled
15 substances, or to engage in purchasing, storing, or
16 administering euthanasia drugs, within this State, must obtain
17 a registration issued by the Department of Professional
18 Regulation in accordance with its rules. The rules shall
19 include, but not be limited to, setting the expiration date and
20 renewal period for each registration under this Act. The
21 Department, and any facility or service licensed by the
22 Department, and any veterinary hospital or clinic operated by a
23 veterinarian or veterinarians licensed under the Veterinary
24 Medicine and Surgery Practice Act of 2004 or maintained by a

 

 

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1 state-supported or publicly funded university or college shall
2 be exempt from the regulation requirements of this Section.
3     (b) Persons registered by the Department of Professional
4 Regulation under this Act to manufacture, distribute, or
5 dispense controlled substances, or purchase, store, or
6 administer euthanasia drugs, may possess, manufacture,
7 distribute, or dispense those substances, or purchase, store,
8 or administer euthanasia drugs, to the extent authorized by
9 their registration and in conformity with the other provisions
10 of this Article.
11     (c) The following persons need not register and may
12 lawfully possess controlled substances under this Act:
13         (1) an agent or employee of any registered
14     manufacturer, distributor, or dispenser of any controlled
15     substance if he is acting in the usual course of his
16     employer's lawful business or employment;
17         (2) a common or contract carrier or warehouseman, or an
18     agent or employee thereof, whose possession of any
19     controlled substance is in the usual lawful course of such
20     business or employment;
21         (3) an ultimate user or a person in possession of any
22     controlled substance pursuant to a lawful prescription of a
23     practitioner or in lawful possession of a Schedule V
24     substance;
25         (4) officers and employees of this State or of the
26     United States while acting in the lawful course of their

 

 

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1     official duties which requires possession of controlled
2     substances;
3         (5) a registered pharmacist who is employed in, or the
4     owner of, a pharmacy licensed under this Act and the
5     Federal Controlled Substances Act, at the licensed
6     location, or if he is acting in the usual course of his
7     lawful profession, business, or employment.
8     (d) A separate registration is required at each place of
9 business or professional practice where the applicant
10 manufactures, distributes, or dispenses controlled substances,
11 or purchases, stores, or administers euthanasia drugs. Persons
12 are required to obtain a separate registration for each place
13 of business or professional practice where controlled
14 substances are located or stored. A separate registration is
15 not required for every location at which a controlled substance
16 may be prescribed.
17     (e) The Department of Professional Regulation or the
18 Department of State Police may inspect the controlled premises,
19 as defined in Section 502 of this Act, of a registrant or
20 applicant for registration in accordance with this Act and the
21 rules promulgated hereunder and with regard to persons licensed
22 by the Department, in accordance with subsection (bb) of
23 Section 30-5 of the Alcoholism and Other Drug Abuse and
24 Dependency Act and the rules and regulations promulgated
25 thereunder.
26 (Source: P.A. 93-626, eff. 12-23-03.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".