Illinois General Assembly - Full Text of HB5659
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Full Text of HB5659  101st General Assembly

HB5659 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5659

 

Introduced , by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/30  from Ch. 111, par. 4150
225 ILCS 85/35.22 new

    Amends the Pharmacy Practice Act. Provides that the Department of Financial and Professional Regulation may refuse to issue or renew a license, may revoke a license, or may suspend, place on probation, fine, or take any disciplinary or non-disciplinary action against a license subject to the approval of the Disciplinary Review Board (rather than as the Department may deem proper). Creates the Disciplinary Review Board to approve findings and actions taken by the Department in regard to disciplinary matters under the Act. Provides that the Department may not deny an application for licensure or take any other disciplinary or non-disciplinary action against a license without approval from the Disciplinary Review Board. Effective immediately.


LRB101 17646 SPS 67073 b

 

 

A BILL FOR

 

HB5659LRB101 17646 SPS 67073 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Pharmacy Practice Act is amended by changing
5Section 30 and by adding Section 35.22 as follows:
 
6    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 30. Refusal, revocation, suspension, or other
9discipline.
10    (a) The Department may refuse to issue or renew, or may
11revoke a license, or may suspend, place on probation, fine, or
12take any disciplinary or non-disciplinary action, subject to
13the approval of the Disciplinary Review Board as the Department
14may deem proper, including fines not to exceed $10,000 for each
15violation, with regard to any licensee for any one or
16combination of the following causes:
17        1. Material misstatement in furnishing information to
18    the Department.
19        2. Violations of this Act, or the rules promulgated
20    hereunder.
21        3. Making any misrepresentation for the purpose of
22    obtaining licenses.
23        4. A pattern of conduct which demonstrates

 

 

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1    incompetence or unfitness to practice.
2        5. Aiding or assisting another person in violating any
3    provision of this Act or rules.
4        6. Failing, within 60 days, to respond to a written
5    request made by the Department for information.
6        7. Engaging in unprofessional, dishonorable, or
7    unethical conduct of a character likely to deceive, defraud
8    or harm the public.
9        8. Adverse action taken by another state or
10    jurisdiction against a license or other authorization to
11    practice as a pharmacy, pharmacist, registered certified
12    pharmacy technician, or registered pharmacy technician
13    that is the same or substantially equivalent to those set
14    forth in this Section, a certified copy of the record of
15    the action taken by the other state or jurisdiction being
16    prima facie evidence thereof.
17        9. Directly or indirectly giving to or receiving from
18    any person, firm, corporation, partnership, or association
19    any fee, commission, rebate or other form of compensation
20    for any professional services not actually or personally
21    rendered. Nothing in this item 9 affects any bona fide
22    independent contractor or employment arrangements among
23    health care professionals, health facilities, health care
24    providers, or other entities, except as otherwise
25    prohibited by law. Any employment arrangements may include
26    provisions for compensation, health insurance, pension, or

 

 

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1    other employment benefits for the provision of services
2    within the scope of the licensee's practice under this Act.
3    Nothing in this item 9 shall be construed to require an
4    employment arrangement to receive professional fees for
5    services rendered.
6        10. A finding by the Department that the licensee,
7    after having his license placed on probationary status has
8    violated the terms of probation.
9        11. Selling or engaging in the sale of drug samples
10    provided at no cost by drug manufacturers.
11        12. Physical illness, including but not limited to,
12    deterioration through the aging process, or loss of motor
13    skill which results in the inability to practice the
14    profession with reasonable judgment, skill or safety.
15        13. A finding that licensure or registration has been
16    applied for or obtained by fraudulent means.
17        14. Conviction by plea of guilty or nolo contendere,
18    finding of guilt, jury verdict, or entry of judgment or
19    sentencing, including, but not limited to, convictions,
20    preceding sentences of supervision, conditional discharge,
21    or first offender probation, under the laws of any
22    jurisdiction of the United States that is (i) a felony or
23    (ii) a misdemeanor, an essential element of which is
24    dishonesty, or that is directly related to the practice of
25    pharmacy.
26        15. Habitual or excessive use or addiction to alcohol,

 

 

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1    narcotics, stimulants or any other chemical agent or drug
2    which results in the inability to practice with reasonable
3    judgment, skill or safety.
4        16. Willfully making or filing false records or reports
5    in the practice of pharmacy, including, but not limited to
6    false records to support claims against the medical
7    assistance program of the Department of Healthcare and
8    Family Services (formerly Department of Public Aid) under
9    the Public Aid Code.
10        17. Gross and willful overcharging for professional
11    services including filing false statements for collection
12    of fees for which services are not rendered, including, but
13    not limited to, filing false statements for collection of
14    monies for services not rendered from the medical
15    assistance program of the Department of Healthcare and
16    Family Services (formerly Department of Public Aid) under
17    the Public Aid Code.
18        18. Dispensing prescription drugs without receiving a
19    written or oral prescription in violation of law.
20        19. Upon a finding of a substantial discrepancy in a
21    Department audit of a prescription drug, including
22    controlled substances, as that term is defined in this Act
23    or in the Illinois Controlled Substances Act.
24        20. Physical or mental illness or any other impairment
25    or disability, including, without limitation: (A)
26    deterioration through the aging process or loss of motor

 

 

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1    skills that results in the inability to practice with
2    reasonable judgment, skill or safety; or (B) mental
3    incompetence, as declared by a court of competent
4    jurisdiction.
5        21. Violation of the Health Care Worker Self-Referral
6    Act.
7        22. Failing to sell or dispense any drug, medicine, or
8    poison in good faith. "Good faith", for the purposes of
9    this Section, has the meaning ascribed to it in subsection
10    (u) of Section 102 of the Illinois Controlled Substances
11    Act. "Good faith", as used in this item (22), shall not be
12    limited to the sale or dispensing of controlled substances,
13    but shall apply to all prescription drugs.
14        23. Interfering with the professional judgment of a
15    pharmacist by any licensee under this Act, or the
16    licensee's agents or employees.
17        24. Failing to report within 60 days to the Department
18    any adverse final action taken against a pharmacy,
19    pharmacist, registered pharmacy technician, or registered
20    certified pharmacy technician by another licensing
21    jurisdiction in any other state or any territory of the
22    United States or any foreign jurisdiction, any
23    governmental agency, any law enforcement agency, or any
24    court for acts or conduct similar to acts or conduct that
25    would constitute grounds for discipline as defined in this
26    Section.

 

 

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1        25. Failing to comply with a subpoena issued in
2    accordance with Section 35.5 of this Act.
3        26. Disclosing protected health information in
4    violation of any State or federal law.
5        27. Willfully failing to report an instance of
6    suspected abuse, neglect, financial exploitation, or
7    self-neglect of an eligible adult as defined in and
8    required by the Adult Protective Services Act.
9        28. Being named as an abuser in a verified report by
10    the Department on Aging under the Adult Protective Services
11    Act, and upon proof by clear and convincing evidence that
12    the licensee abused, neglected, or financially exploited
13    an eligible adult as defined in the Adult Protective
14    Services Act.
15        29. Using advertisements or making solicitations that
16    may jeopardize the health, safety, or welfare of patients,
17    including, but not be limited to, the use of advertisements
18    or solicitations that:
19            (A) are false, fraudulent, deceptive, or
20        misleading; or
21            (B) include any claim regarding a professional
22        service or product or the cost or price thereof that
23        cannot be substantiated by the licensee.
24        30. Requiring a pharmacist to participate in the use or
25    distribution of advertisements or in making solicitations
26    that may jeopardize the health, safety, or welfare of

 

 

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1    patients.
2        31. Failing to provide a working environment for all
3    pharmacy personnel that protects the health, safety, and
4    welfare of a patient, which includes, but is not limited
5    to, failing to:
6            (A) employ sufficient personnel to prevent
7        fatigue, distraction, or other conditions that
8        interfere with a pharmacist's ability to practice with
9        competency and safety or creates an environment that
10        jeopardizes patient care;
11            (B) provide appropriate opportunities for
12        uninterrupted rest periods and meal breaks;
13            (C) provide adequate time for a pharmacist to
14        complete professional duties and responsibilities,
15        including, but not limited to:
16                (i) drug utilization review;
17                (ii) immunization;
18                (iii) counseling;
19                (iv) verification of the accuracy of a
20            prescription; and
21                (v) all other duties and responsibilities of a
22            pharmacist as listed in the rules of the
23            Department.
24        32. Introducing or enforcing external factors, such as
25    productivity or production quotas or other programs
26    against pharmacists, student pharmacists or pharmacy

 

 

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1    technicians, to the extent that they interfere with the
2    ability of those individuals to provide appropriate
3    professional services to the public.
4        33. Providing an incentive for or inducing the transfer
5    of a prescription for a patient absent a professional
6    rationale.
7    (b) The Department may refuse to issue or may suspend the
8license of any person who fails to file a return, or to pay the
9tax, penalty or interest shown in a filed return, or to pay any
10final assessment of tax, penalty or interest, as required by
11any tax Act administered by the Illinois Department of Revenue,
12until such time as the requirements of any such tax Act are
13satisfied.
14    (c) The Department shall revoke any license issued under
15the provisions of this Act or any prior Act of this State of
16any person who has been convicted a second time of committing
17any felony under the Illinois Controlled Substances Act, or who
18has been convicted a second time of committing a Class 1 felony
19under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
20person whose license issued under the provisions of this Act or
21any prior Act of this State is revoked under this subsection
22(c) shall be prohibited from engaging in the practice of
23pharmacy in this State.
24    (d) Fines may be imposed in conjunction with other forms of
25disciplinary action, but shall not be the exclusive disposition
26of any disciplinary action arising out of conduct resulting in

 

 

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1death or injury to a patient. Fines shall be paid within 60
2days or as otherwise agreed to by the Department. Any funds
3collected from such fines shall be deposited in the Illinois
4State Pharmacy Disciplinary Fund.
5    (e) The entry of an order or judgment by any circuit court
6establishing that any person holding a license or certificate
7under this Act is a person in need of mental treatment operates
8as a suspension of that license. A licensee may resume his or
9her practice only upon the entry of an order of the Department
10based upon a finding by the Board that he or she has been
11determined to be recovered from mental illness by the court and
12upon the Board's recommendation that the licensee be permitted
13to resume his or her practice.
14    (f) The Department shall issue quarterly to the Board a
15status of all complaints related to the profession received by
16the Department.
17    (g) In enforcing this Section, the Board or the Department,
18upon a showing of a possible violation, may compel any licensee
19or applicant for licensure under this Act to submit to a mental
20or physical examination or both, as required by and at the
21expense of the Department. The examining physician, or
22multidisciplinary team involved in providing physical and
23mental examinations led by a physician consisting of one or a
24combination of licensed physicians, licensed clinical
25psychologists, licensed clinical social workers, licensed
26clinical professional counselors, and other professional and

 

 

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1administrative staff, shall be those specifically designated
2by the Department. The Board or the Department may order the
3examining physician or any member of the multidisciplinary team
4to present testimony concerning this mental or physical
5examination of the licensee or applicant. No information,
6report, or other documents in any way related to the
7examination shall be excluded by reason of any common law or
8statutory privilege relating to communication between the
9licensee or applicant and the examining physician or any member
10of the multidisciplinary team. The individual to be examined
11may have, at his or her own expense, another physician of his
12or her choice present during all aspects of the examination.
13Failure of any individual to submit to a mental or physical
14examination when directed shall result in the automatic
15suspension of his or her license until such time as the
16individual submits to the examination. If the Board or
17Department finds a pharmacist, registered certified pharmacy
18technician, or registered pharmacy technician unable to
19practice because of the reasons set forth in this Section, the
20Board or Department shall require such pharmacist, registered
21certified pharmacy technician, or registered pharmacy
22technician to submit to care, counseling, or treatment by
23physicians or other appropriate health care providers approved
24or designated by the Department as a condition for continued,
25restored, or renewed licensure to practice. Any pharmacist,
26registered certified pharmacy technician, or registered

 

 

HB5659- 11 -LRB101 17646 SPS 67073 b

1pharmacy technician whose license was granted, continued,
2restored, renewed, disciplined, or supervised, subject to such
3terms, conditions, or restrictions, and who fails to comply
4with such terms, conditions, or restrictions or to complete a
5required program of care, counseling, or treatment, as
6determined by the chief pharmacy coordinator, shall be referred
7to the Secretary for a determination as to whether the licensee
8shall have his or her license suspended immediately, pending a
9hearing by the Board. In instances in which the Secretary
10immediately suspends a license under this subsection (g), a
11hearing upon such person's license must be convened by the
12Board within 15 days after such suspension and completed
13without appreciable delay. The Department and Board shall have
14the authority to review the subject pharmacist's, registered
15certified pharmacy technician's, or registered pharmacy
16technician's record of treatment and counseling regarding the
17impairment.
18    (h) An individual or organization acting in good faith, and
19not in a willful and wanton manner, in complying with this
20Section by providing a report or other information to the
21Board, by assisting in the investigation or preparation of a
22report or information, by participating in proceedings of the
23Board, or by serving as a member of the Board shall not, as a
24result of such actions, be subject to criminal prosecution or
25civil damages. Any person who reports a violation of this
26Section to the Department is protected under subsection (b) of

 

 

HB5659- 12 -LRB101 17646 SPS 67073 b

1Section 15 of the Whistleblower Act.
2    (i) Members of the Board shall have no liability in any
3action based upon any disciplinary proceedings or other
4activity performed in good faith as a member of the Board. The
5Attorney General shall defend all such actions unless he or she
6determines either that there would be a conflict of interest in
7such representation or that the actions complained of were not
8in good faith or were willful and wanton.
9    If the Attorney General declines representation, the
10member shall have the right to employ counsel of his or her
11choice, whose fees shall be provided by the State, after
12approval by the Attorney General, unless there is a
13determination by a court that the member's actions were not in
14good faith or were willful and wanton.
15    The member must notify the Attorney General within 7 days
16of receipt of notice of the initiation of any action involving
17services of the Board. Failure to so notify the Attorney
18General shall constitute an absolute waiver of the right to a
19defense and indemnification.
20    The Attorney General shall determine, within 7 days after
21receiving such notice, whether he or she will undertake to
22represent the member.
23(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
24    (225 ILCS 85/35.22 new)
25    Sec. 35.22. Disciplinary Review Board.

 

 

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1    (a) There is created in the Department the Disciplinary
2Review Board to approve findings and actions taken by the
3Department in regard to disciplinary matters under Section 30
4of this Act. The Disciplinary Review Board shall consist of 9
5members selected by the Governor from a list of recommendations
6submitted by the Association of Indian American Pharmacists,
7the Illinois Pharmacists Association, and the Illinois Retail
8Merchants Association. The result of any disciplinary hearing
9brought under this Act must be approved by the Disciplinary
10Review Board before a report is submitted to the Department.
11    (b) The Department may not deny an application for
12licensure or take any other disciplinary or non-disciplinary
13action against a license without approval from the Disciplinary
14Review Board.
15    (c) The Disciplinary Review Board shall review decisions
16involving the refusal to issue or renew a license or decisions
17to take disciplinary action against a license. The Disciplinary
18Review Board shall review decisions issued no more than 18
19months prior to the effective date of this amendatory Act of
20the 101st General Assembly.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.