HB4154 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 4154 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4154, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The Pharmacy Practice Act is amended by | ||||||
| 6 | changing Sections 7 and 12 as follows: | ||||||
| 7 | (225 ILCS 85/7) (from Ch. 111, par. 4127) | ||||||
| 8 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 9 | Sec. 7. Application; examination. Applications for | ||||||
| 10 | original licenses shall be made to the Department in writing | ||||||
| 11 | or electronically on forms prescribed by the Department and | ||||||
| 12 | shall be accompanied by the required fee, which shall not be | ||||||
| 13 | refundable. Any such application shall require such | ||||||
| 14 | information as in the judgment of the Department will enable | ||||||
| 15 | the Board and Department to pass on the qualifications of the | ||||||
| 16 | applicant for a license. | ||||||
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| 1 | The Department shall authorize examinations of applicants | ||||||
| 2 | as pharmacists not less than 3 times per year at such times and | ||||||
| 3 | places as it may determine. The examination of applicants | ||||||
| 4 | shall be of a character to give a fair test of the | ||||||
| 5 | qualifications of the applicant to practice pharmacy. | ||||||
| 6 | Applicants for examination as pharmacists shall be | ||||||
| 7 | required to pay, either to the Department or the designated | ||||||
| 8 | testing service, a fee covering the cost of providing the | ||||||
| 9 | examination. Failure to appear for the examination on the | ||||||
| 10 | scheduled date, at the time and place specified, after the | ||||||
| 11 | applicant's application for examination has been received and | ||||||
| 12 | acknowledged by the Department or the designated testing | ||||||
| 13 | service, shall result in the forfeiture of the examination | ||||||
| 14 | fee. The theoretical and applied pharmaceutical sciences | ||||||
| 15 | examination shall be developed and provided by the National | ||||||
| 16 | Association of Boards of Pharmacy. | ||||||
| 17 | Applicants for licensure as pharmacists shall also be | ||||||
| 18 | required to complete an Accreditation Council on Pharmacy | ||||||
| 19 | Education approved program and assessment related to Illinois | ||||||
| 20 | pharmacy law developed and provided by the Illinois | ||||||
| 21 | Pharmacists Association, or any other such program and | ||||||
| 22 | assessment or test approved by the Department by rule. | ||||||
| 23 | If an applicant neglects, fails or refuses to take an | ||||||
| 24 | examination or fails to pass an examination for a license | ||||||
| 25 | under this Act within 3 years after filing his application, | ||||||
| 26 | the application shall expire is denied. However, such | ||||||
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| 1 | applicant may thereafter make a new application accompanied by | ||||||
| 2 | the required fee and show evidence of meeting the requirements | ||||||
| 3 | in force at the time of the new application. | ||||||
| 4 | The Department shall notify applicants taking the | ||||||
| 5 | examination of their results within 7 weeks of the examination | ||||||
| 6 | date. Further, the Department shall have the authority to | ||||||
| 7 | immediately authorize such applicants who successfully pass | ||||||
| 8 | the examination to engage in the practice of pharmacy. | ||||||
| 9 | An applicant shall have one year from the date of | ||||||
| 10 | notification of successful completion of the examination to | ||||||
| 11 | apply to the Department for a license. If an applicant fails to | ||||||
| 12 | make such application within one year the applicant shall be | ||||||
| 13 | required to again take and pass the examination. | ||||||
| 14 | An applicant who has graduated with a professional degree | ||||||
| 15 | from a school of pharmacy located outside of the United States | ||||||
| 16 | must do the following: | ||||||
| 17 | (1) obtain a Foreign Pharmacy Graduate Examination | ||||||
| 18 | Committee (FPGEC) Certificate; | ||||||
| 19 | (2) complete 1,200 hours of clinical training and | ||||||
| 20 | experience, as defined by rule, in the United States or | ||||||
| 21 | its territories; and | ||||||
| 22 | (3) successfully complete the licensing requirements | ||||||
| 23 | set forth in Section 6 of this Act, as well as those | ||||||
| 24 | adopted by the Department by rule. | ||||||
| 25 | The Department may employ consultants for the purpose of | ||||||
| 26 | preparing and conducting examinations. | ||||||
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| 1 | (Source: P.A. 100-497, eff. 9-8-17.) | ||||||
| 2 | (225 ILCS 85/12) (from Ch. 111, par. 4132) | ||||||
| 3 | (Section scheduled to be repealed on January 1, 2028) | ||||||
| 4 | Sec. 12. Expiration of license; renewal. | ||||||
| 5 | (a) The expiration date and renewal period for each | ||||||
| 6 | license issued under this Act shall be set by rule. | ||||||
| 7 | (b) As a condition for the renewal of a license as a | ||||||
| 8 | pharmacist, the licensee shall provide evidence to the | ||||||
| 9 | Department of completion of a total of 30 hours of pharmacy | ||||||
| 10 | continuing education during the 24 months preceding the | ||||||
| 11 | expiration date of the certificate. Two hours of continuing | ||||||
| 12 | pharmacy education must be in the subject of pharmacy law. | ||||||
| 13 | Such continuing education shall be approved by the | ||||||
| 14 | Accreditation Council on Pharmacy Education. | ||||||
| 15 | (c) The Department may establish by rule a means for the | ||||||
| 16 | verification of completion of the continuing education | ||||||
| 17 | required by this Section. This verification may be | ||||||
| 18 | accomplished through audits of records maintained by | ||||||
| 19 | licensees, by requiring the filing of continuing education | ||||||
| 20 | certificates with the Department or a qualified organization | ||||||
| 21 | selected by the Department to maintain such records or by | ||||||
| 22 | other means established by the Department. | ||||||
| 23 | (d) Rules developed under this Section may provide for a | ||||||
| 24 | reasonable biennial fee, not to exceed $20, to fund the cost of | ||||||
| 25 | such recordkeeping. The Department may, by rule, further | ||||||
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| 1 | provide an orderly process for the restoration of licenses | ||||||
| 2 | which have not been renewed due to the failure to meet the | ||||||
| 3 | continuing education requirements of this Section. The | ||||||
| 4 | requirements of continuing education may be waived, in whole | ||||||
| 5 | or in part, in cases of extreme hardship as defined by rule of | ||||||
| 6 | the Department. Such waivers shall be granted for not more | ||||||
| 7 | than one of any 3 consecutive renewal periods. | ||||||
| 8 | (e) Any pharmacist who has permitted his license to expire | ||||||
| 9 | or who has had his license on inactive status may have his | ||||||
| 10 | license restored by making application to the Department and | ||||||
| 11 | filing proof acceptable to the Department of his fitness to | ||||||
| 12 | have his license restored, and by paying the required | ||||||
| 13 | restoration fee. The Department shall determine, by an | ||||||
| 14 | evaluation program established by rule his fitness for | ||||||
| 15 | restoration of his license and shall establish procedures and | ||||||
| 16 | requirements for such restoration. However, any pharmacist who | ||||||
| 17 | demonstrates that he has continuously maintained active | ||||||
| 18 | practice in another jurisdiction pursuant to a license in good | ||||||
| 19 | standing, and who has substantially complied with the | ||||||
| 20 | continuing education requirements of this Section shall not be | ||||||
| 21 | subject to further evaluation for purposes of this Section. | ||||||
| 22 | (f) Any licensee who shall engage in the practice for | ||||||
| 23 | which his or her license was issued while the license is | ||||||
| 24 | expired or on inactive status shall be considered to be | ||||||
| 25 | practicing without a license which, shall be grounds for | ||||||
| 26 | discipline under Section 30 of this Act. | ||||||
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| 1 | (g) Any pharmacy operating on an expired license is | ||||||
| 2 | engaged in the unlawful practice of pharmacy and is subject to | ||||||
| 3 | discipline under Section 30 of this Act. A pharmacy whose | ||||||
| 4 | license has been expired for one year or more may not have its | ||||||
| 5 | license restored but must apply for a new license and meet all | ||||||
| 6 | requirements for licensure. Any pharmacy whose license has | ||||||
| 7 | been expired for less than one year may apply for restoration | ||||||
| 8 | of its license and shall have its license restored. | ||||||
| 9 | (h) However, any pharmacist whose license expired while he | ||||||
| 10 | was (1) in Federal Service on active duty with the Armed Forces | ||||||
| 11 | of the United States, or the State Militia called into service | ||||||
| 12 | or training, or (2) in training or education under the | ||||||
| 13 | supervision of the United States preliminary to induction into | ||||||
| 14 | the military service, may have his license or certificate | ||||||
| 15 | restored without paying any lapsed renewal fees, if within 2 | ||||||
| 16 | years after honorable termination of such service, training or | ||||||
| 17 | education he furnishes the Department with satisfactory | ||||||
| 18 | evidence to the effect that he has been so engaged and that his | ||||||
| 19 | service, training or education has been so terminated. | ||||||
| 20 | (Source: P.A. 100-497, eff. 9-8-17.) | ||||||
| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.". | ||||||
