Illinois General Assembly - Full Text of HB5128
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Full Text of HB5128  102nd General Assembly

HB5128 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5128

 

Introduced 1/27/2022, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/15  from Ch. 111, par. 4135

    Amends the Pharmacy Practice Act. Provides that an owner of a pharmacy shall not establish a quota related to the duties for which a pharmacist, pharmacist student, or pharmacy technician is required to perform. Provides that the new provisions do not prohibit a pharmacy from establishing policies and procedures that assist in assessing the competency and performance of a pharmacist, pharmacist student, or pharmacy technician in providing care to patients if the measures do not include quotas. Provides that the Department of Financial and Professional Regulation may take enforcement action against a pharmacy that does not follow the new provisions unless, by clear and convincing evidence, the pharmacy demonstrates that the violation was contrary to its policy.


LRB102 25221 AMQ 34492 b

 

 

A BILL FOR

 

HB5128LRB102 25221 AMQ 34492 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
5changing Section 15 as follows:
 
6    (225 ILCS 85/15)  (from Ch. 111, par. 4135)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 15. Pharmacy requirements.
9    (1) It shall be unlawful for the owner of any pharmacy, as
10defined in this Act, to operate or conduct the same, or to
11allow the same to be operated or conducted, unless:
12        (a) It has a licensed pharmacist, authorized to
13    practice pharmacy in this State under the provisions of
14    this Act, on duty whenever the practice of pharmacy is
15    conducted;
16        (b) Security provisions for all drugs and devices, as
17    determined by rule of the Department, are provided during
18    the absence from the licensed pharmacy of all licensed
19    pharmacists. Maintenance of security provisions is the
20    responsibility of the licensed pharmacist in charge; and
21        (c) The pharmacy is licensed under this Act to conduct
22    the practice of pharmacy in any and all forms from the
23    physical address of the pharmacy's primary inventory where

 

 

HB5128- 2 -LRB102 25221 AMQ 34492 b

1    U.S. mail is delivered. If a facility, company, or
2    organization operates multiple pharmacies from multiple
3    physical addresses, a separate pharmacy license is
4    required for each different physical address.
5    (2) The Department may allow a pharmacy that is not
6located at the same location as its home pharmacy and at which
7pharmacy services are provided during an emergency situation,
8as defined by rule, to be operated as an emergency remote
9pharmacy. An emergency remote pharmacy operating under this
10subsection (2) shall operate under the license of the home
11pharmacy.
12    (3) The Secretary may waive the requirement for a
13pharmacist to be on duty at all times for State facilities not
14treating human ailments. This waiver of the requirement
15remains in effect until it is rescinded by the Secretary and
16the Department provides written notice of the rescission to
17the State facility.
18    (4) It shall be unlawful for any person, who is not a
19licensed pharmacy or health care facility, to purport to be
20such or to use in name, title, or sign designating, or in
21connection with that place of business, any of the words:
22"pharmacy", "pharmacist", "pharmacy department",
23"apothecary", "druggist", "drug", "drugs", "medicines",
24"medicine store", "drug sundries", "prescriptions filled", or
25any list of words indicating that drugs are compounded or sold
26to the lay public, or prescriptions are dispensed therein.

 

 

HB5128- 3 -LRB102 25221 AMQ 34492 b

1Each day during which, or a part which, such representation is
2made or appears or such a sign is allowed to remain upon or in
3such a place of business shall constitute a separate offense
4under this Act.
5    (5) The holder of any license shall conspicuously display
6it in the pharmacy in which he is engaged in the practice of
7pharmacy. The pharmacist in charge shall conspicuously display
8his name in such pharmacy. The pharmacy license shall also be
9conspicuously displayed.
10    (6) An owner of a pharmacy shall not establish a quota
11related to the duties for which a pharmacist, pharmacist
12student, or pharmacy technician is required to perform.
13        (a) For purposes of this subsection:
14        "Quota" means a fixed number or formula related to the
15    duties for which a pharmacist, pharmacist student, or
16    pharmacy technician license is required, against which the
17    pharmacy or its agent measures or evaluates the number of
18    times either a pharmacist, a pharmacist student, or
19    pharmacy technician, performs tasks or provides services
20    while on duty. "Quota" includes a fixed number or formula
21    related to any of the following:
22            (i) prescriptions filled;
23            (ii) services rendered to patients;
24            (iii) programs offered to patients; or
25            (iv) revenue obtained.
26        "Quota" does not mean:

 

 

HB5128- 4 -LRB102 25221 AMQ 34492 b

1            (i) a measurement of the revenue earned by a
2        particular pharmacy not calculated in relation to, or
3        measured by, the tasks performed, or services provided
4        by the pharmacists, pharmacist students, or pharmacy
5        technicians;
6            (ii) an evaluation or measurement of the
7        competence, performance, or quality of care provided
8        to patients of a pharmacist, pharmacist student, or
9        pharmacy technician if the evaluation does not use
10        quotas; or
11            (iii) any performance metric required by State or
12        federal regulators that does not use quotas.
13        (b) This subsection does not prohibit a pharmacy from
14    establishing policies and procedures that assist in
15    assessing the competency and performance of a pharmacist,
16    pharmacist student, or pharmacy technician in providing
17    care to patients if the measurements used are not or do not
18    include quotas.
19        (c) The Department may take enforcement action against
20    a pharmacy that does not comply with this subsection
21    unless, by clear and convincing evidence, the pharmacy
22    demonstrates that the violation was contrary to its
23    policy.
24(Source: P.A. 100-497, eff. 9-8-17.)