Illinois General Assembly - Full Text of SB4018
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Full Text of SB4018  102nd General Assembly

SB4018enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB4018 EnrolledLRB102 24659 AMQ 33898 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 Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
 
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
 
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:

 

 

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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Home Medical Equipment and Services Provider License
4Act.
5    The Illinois Petroleum Education and Marketing Act.
6    The Illinois Speech-Language Pathology and Audiology
7Practice Act.
8    The Interpreter for the Deaf Licensure Act of 2007.
9    The Nurse Practice Act.
10    The Nursing Home Administrators Licensing and Disciplinary
11Act.
12    The Pharmacy Practice Act.
13    The Physician Assistant Practice Act of 1987.
14    The Podiatric Medical Practice Act of 1987.
15(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
 
19    Section 10. The Pharmacy Practice Act is amended by
20changing Sections 7.5, 9, 9.5, 16, 25.10, 30, 35.7, 35.18, and
2135.21 as follows:
 
22    (225 ILCS 85/7.5)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 7.5. Social Security Number, individual taxpayer

 

 

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1identification number, or unique identifying number on license
2application. In addition to any other information required to
3be contained in the application, every application for an
4original license under this Act shall include the applicant's
5Social Security Number, individual taxpayer identification
6number, or other unique identifying number deemed appropriate
7by the Department, which shall be retained in the agency's
8records pertaining to the license. As soon as practical, the
9Department shall assign a customer's identification number to
10each applicant for a license.
11    Every application for a renewal or restored license shall
12require the applicant's customer identification number.
13(Source: P.A. 97-400, eff. 1-1-12.)
 
14    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 9. Licensure as registered pharmacy technician.
17    (a) Any person shall be entitled to licensure as a
18registered pharmacy technician who is of the age of 16 or over,
19has not engaged in conduct or behavior determined to be
20grounds for discipline under this Act, is attending or has
21graduated from an accredited high school or comparable school
22or educational institution or received a high school
23equivalency certificate, and has filed a written or electronic
24application for licensure on a form to be prescribed and
25furnished by the Department for that purpose. The Department

 

 

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1shall issue a license as a registered pharmacy technician to
2any applicant who has qualified as aforesaid, and such license
3shall be the sole authority required to assist licensed
4pharmacists in the practice of pharmacy, under the supervision
5of a licensed pharmacist. A registered pharmacy technician may
6be delegated to perform any task within the practice of
7pharmacy if specifically trained for that task, except for
8patient counseling, drug regimen review, or clinical conflict
9resolution, or final prescription verification except where a
10registered certified pharmacy technician verifies a
11prescription dispensed by another pharmacy technician using
12technology-assisted medication verification.
13    (b) Beginning on January 1, 2017, within 2 years after
14initial licensure as a registered pharmacy technician, the
15licensee must meet the requirements described in Section 9.5
16of this Act and become licensed as a registered certified
17pharmacy technician. If the licensee has not yet attained the
18age of 18, then upon the next renewal as a registered pharmacy
19technician, the licensee must meet the requirements described
20in Section 9.5 of this Act and become licensed as a registered
21certified pharmacy technician. This requirement does not apply
22to pharmacy technicians registered prior to January 1, 2008.
23    (c) Any person registered as a pharmacy technician who is
24also enrolled in a first professional degree program in
25pharmacy in a school or college of pharmacy or a department of
26pharmacy of a university approved by the Department or has

 

 

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1graduated from such a program within the last 18 months, shall
2be considered a "student pharmacist" and entitled to use the
3title "student pharmacist". A student pharmacist must meet all
4of the requirements for licensure as a registered pharmacy
5technician set forth in this Section excluding the requirement
6of certification prior to the second license renewal and pay
7the required registered pharmacy technician license fees. A
8student pharmacist may, under the supervision of a pharmacist,
9assist in the practice of pharmacy and perform any and all
10functions delegated to him or her by the pharmacist.
11    (d) Any person seeking licensure as a pharmacist who has
12graduated from a pharmacy program outside the United States
13must register as a pharmacy technician and shall be considered
14a "student pharmacist" and be entitled to use the title
15"student pharmacist" while completing the 1,200 clinical hours
16of training approved by the Board of Pharmacy described and
17for no more than 18 months after completion of these hours.
18These individuals are not required to become registered
19certified pharmacy technicians while completing their Board
20approved clinical training, but must become licensed as a
21pharmacist or become licensed as a registered certified
22pharmacy technician before the second pharmacy technician
23license renewal following completion of the Board approved
24clinical training.
25    (e) The Department shall not renew the registered pharmacy
26technician license of any person who has been licensed as a

 

 

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1registered pharmacy technician with the designation "student
2pharmacist" who: (1) has dropped out of or been expelled from
3an ACPE accredited college of pharmacy; (2) has failed to
4complete his or her 1,200 hours of Board approved clinical
5training within 24 months; or (3) has failed the pharmacist
6licensure examination 3 times. The Department shall require
7these individuals to meet the requirements of and become
8licensed as a registered certified pharmacy technician.
9    (f) The Department may take any action set forth in
10Section 30 of this Act with regard to a license pursuant to
11this Section.
12    (g) Any person who is enrolled in a non-traditional
13Pharm.D. program at an ACPE accredited college of pharmacy and
14is licensed as a registered pharmacist under the laws of
15another United States jurisdiction shall be permitted to
16engage in the program of practice experience required in the
17academic program by virtue of such license. Such person shall
18be exempt from the requirement of licensure as a registered
19pharmacy technician or registered certified pharmacy
20technician while engaged in the program of practice experience
21required in the academic program.
22    An applicant for licensure as a registered pharmacy
23technician may assist a pharmacist in the practice of pharmacy
24for a period of up to 60 days prior to the issuance of a
25license if the applicant has submitted the required fee and an
26application for licensure to the Department. The applicant

 

 

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1shall keep a copy of the submitted application on the premises
2where the applicant is assisting in the practice of pharmacy.
3The Department shall forward confirmation of receipt of the
4application with start and expiration dates of practice
5pending licensure.
6(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
7    (225 ILCS 85/9.5)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 9.5. Registered certified pharmacy technician.
10    (a) An individual licensed as a registered pharmacy
11technician under this Act may be licensed as a registered
12certified pharmacy technician, if he or she meets all of the
13following requirements:
14        (1) He or she has submitted a written application in
15    the form and manner prescribed by the Department.
16        (2) He or she has attained the age of 18.
17        (3) He or she is of good moral character, as
18    determined by the Department.
19        (4) Beginning on January 1, 2024, a new pharmacy
20    technician is required to have (i) graduated from a
21    pharmacy technician training program that meets the
22    requirements set forth in subsection (a) of Section 17.1
23    of this Act or (ii) obtained documentation from the
24    pharmacist-in-charge of the pharmacy where the applicant
25    is employed verifying that he or she has successfully

 

 

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1    completed a standardized nationally accredited education
2    and training program, and has successfully completed an
3    objective assessment mechanism prepared in accordance with
4    rules established by the Department.
5        (5) He or she has successfully passed an examination
6    accredited by the National Commission for Certifying
7    Agencies, as approved and required by the Board or by
8    rule.
9        (6) He or she has paid the required licensure fees.
10    (b) No pharmacist whose license has been denied, revoked,
11suspended, or restricted for disciplinary purposes may be
12eligible to be registered as a certified pharmacy technician
13unless authorized by order of the Department as a condition of
14restoration from revocation, suspension, or restriction.
15    (c) The Department may, by rule, establish any additional
16requirements for licensure under this Section.
17    (d) A person who is not a licensed registered pharmacy
18technician and meets the requirements of this Section may be
19licensed as a registered certified pharmacy technician without
20first being licensed as a registered pharmacy technician.
21    (e) As a condition for the renewal of a license as a
22registered certified pharmacy technician, the licensee shall
23provide evidence to the Department of completion of a total of
2420 hours of continuing pharmacy education during the 24 months
25preceding the expiration date of the certificate as
26established by rule. One hour of continuing pharmacy education

 

 

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1must be in the subject of pharmacy law. One hour of continuing
2pharmacy education must be in the subject of patient safety.
3The continuing education shall be approved by the
4Accreditation Council on Pharmacy Education.
5    The Department may establish by rule a means for the
6verification of completion of the continuing education
7required by this subsection (e). This verification may be
8accomplished through audits of records maintained by
9licensees, by requiring the filing of continuing education
10certificates with the Department or a qualified organization
11selected by the Department to maintain such records, or by
12other means established by the Department.
13    Rules developed under this subsection (e) may provide for
14a reasonable annual fee, not to exceed $20, to fund the cost of
15such recordkeeping. The Department may, by rule, further
16provide an orderly process for the restoration of a license
17that has not been renewed due to the failure to meet the
18continuing pharmacy education requirements of this subsection
19(e). The Department may waive the requirements of continuing
20pharmacy education, in whole or in part, in cases of extreme
21hardship as defined by rule of the Department. The waivers may
22be granted for not more than one of any 2 consecutive renewal
23periods.
24(Source: P.A. 101-621, eff. 1-1-20; 102-643, eff. 8-27-21.)
 
25    (225 ILCS 85/16)  (from Ch. 111, par. 4136)

 

 

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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 16. The Department shall require and provide for the
3licensure of every pharmacy doing business in this State. Such
4licensure shall expire 30 days after the pharmacist in charge
5dies or is no longer employed by the pharmacy or after such
6pharmacist's license has been suspended or revoked.
7    In the event the pharmacist in charge dies or otherwise
8ceases to function in that capacity, or when the license of the
9pharmacist in charge has been suspended or revoked, the owner
10of the pharmacy shall be required to notify the Department, on
11forms provided by the Department, of the identity of the new
12pharmacist in charge.
13    It is the duty of every pharmacist in charge who ceases to
14function in that capacity to report to the Department within
1530 days of the date on which he ceased such functions for such
16pharmacy. It is the duty of every owner of a pharmacy licensed
17under this Act to report to the Department within 30 days of
18the date on which the pharmacist in charge died or ceased to
19function in that capacity and to specify a new pharmacist in
20charge. Failure to provide such notification to the Department
21shall be grounds for disciplinary action.
22    No license shall be issued to any pharmacy unless such
23pharmacy has a pharmacist in charge and each such pharmacy
24license shall indicate on the face thereof the pharmacist in
25charge.
26    If a pharmacy temporarily closes for more than 72 hours,

 

 

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1it is the duty of the pharmacist in charge and the owner of
2such pharmacy to report to the Department within 72 hours of
3temporary closure of a pharmacy. The closing pharmacy must
4post signage and provide notification to customers.
5(Source: P.A. 100-497, eff. 9-8-17.)
 
6    (225 ILCS 85/25.10)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 25.10. Remote prescription processing.
9    (a) In this Section, "remote prescription processing"
10means and includes the outsourcing of certain prescription
11functions to another pharmacy or licensed non-resident
12pharmacy. "Remote prescription processing" includes any of the
13following activities related to the dispensing process:
14        (1) Receiving, interpreting, evaluating, or clarifying
15    prescriptions.
16        (2) Entering prescription and patient data into a data
17    processing system.
18        (3) Transferring prescription information.
19        (4) Performing a drug regimen review.
20        (5) Obtaining refill or substitution authorizations or
21    otherwise communicating with the prescriber concerning a
22    patient's prescription.
23        (6) Evaluating clinical data for prior authorization
24    for dispensing.
25        (7) Discussing therapeutic interventions with

 

 

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1    prescribers.
2        (8) Providing drug information or counseling
3    concerning a patient's prescription to the patient or
4    patient's agent, as defined in this Act.
5    (b) A pharmacy may engage in remote prescription
6processing under the following conditions:
7        (1) The pharmacies shall either have the same owner or
8    have a written contract describing the scope of services
9    to be provided and the responsibilities and
10    accountabilities of each pharmacy in compliance with all
11    federal and State laws and regulations related to the
12    practice of pharmacy.
13        (2) The pharmacies shall share a common electronic
14    file or have technology that allows sufficient information
15    necessary to process a non-dispensing function.
16        (3) The records may be maintained separately by each
17    pharmacy or in common electronic file shared by both
18    pharmacies, provided that the system can produce a record
19    at either location that shows each processing task, the
20    identity of the person performing each task, and the
21    location where each task was performed.
22    (c) Nothing in this Section shall prohibit an individual
23employee licensed as a pharmacist, pharmacy technician, or
24student pharmacist from accessing the employer pharmacy's
25database from a pharmacist's home or other remote location or
26pharmacist's home verification for the purpose of performing

 

 

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1certain prescription processing functions, provided that the
2pharmacy establishes controls to protect the privacy and
3security of confidential records.
4(Source: P.A. 100-497, eff. 9-8-17.)
 
5    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
6    (Section scheduled to be repealed on January 1, 2023)
7    Sec. 30. Refusal, revocation, suspension, or other
8discipline.
9    (a) The Department may refuse to issue or renew, or may
10revoke a license, or may suspend, place on probation, fine, or
11take any disciplinary or non-disciplinary action as the
12Department may deem proper, including fines not to exceed
13$10,000 for each violation, with regard to any licensee for
14any one or combination of the following causes:
15        1. Material misstatement in furnishing information to
16    the Department.
17        2. Violations of this Act, or the rules promulgated
18    hereunder.
19        3. Making any misrepresentation for the purpose of
20    obtaining licenses.
21        4. A pattern of conduct which demonstrates
22    incompetence or unfitness to practice.
23        5. Aiding or assisting another person in violating any
24    provision of this Act or rules.
25        6. Failing, within 60 days, to respond to a written

 

 

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

 

 

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1    services rendered.
2        10. A finding by the Department that the licensee,
3    after having his license placed on probationary status has
4    violated the terms of probation.
5        11. Selling or engaging in the sale of drug samples
6    provided at no cost by drug manufacturers.
7        12. Physical illness, including but not limited to,
8    deterioration through the aging process, or loss of motor
9    skill which results in the inability to practice the
10    profession with reasonable judgment, skill or safety.
11        13. A finding that licensure or registration has been
12    applied for or obtained by fraudulent means.
13        14. Conviction by plea of guilty or nolo contendere,
14    finding of guilt, jury verdict, or entry of judgment or
15    sentencing, including, but not limited to, convictions,
16    preceding sentences of supervision, conditional discharge,
17    or first offender probation, under the laws of any
18    jurisdiction of the United States that is (i) a felony or
19    (ii) a misdemeanor, an essential element of which is
20    dishonesty, or that is directly related to the practice of
21    pharmacy, or involves controlled substances.
22        15. Habitual or excessive use or addiction to alcohol,
23    narcotics, stimulants or any other chemical agent or drug
24    which results in the inability to practice with reasonable
25    judgment, skill or safety.
26        16. Willfully making or filing false records or

 

 

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

 

 

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1        21. Violation of the Health Care Worker Self-Referral
2    Act.
3        22. Failing to sell or dispense any drug, medicine, or
4    poison in good faith. "Good faith", for the purposes of
5    this Section, has the meaning ascribed to it in subsection
6    (u) of Section 102 of the Illinois Controlled Substances
7    Act. "Good faith", as used in this item (22), shall not be
8    limited to the sale or dispensing of controlled
9    substances, but shall apply to all prescription drugs.
10        23. Interfering with the professional judgment of a
11    pharmacist by any licensee under this Act, or the
12    licensee's agents or employees.
13        24. Failing to report within 60 days to the Department
14    any adverse final action taken against a pharmacy,
15    pharmacist, registered pharmacy technician, or registered
16    certified pharmacy technician by another licensing
17    jurisdiction in any other state or any territory of the
18    United States or any foreign jurisdiction, any
19    governmental agency, any law enforcement agency, or any
20    court for acts or conduct similar to acts or conduct that
21    would constitute grounds for discipline as defined in this
22    Section.
23        25. Failing to comply with a subpoena issued in
24    accordance with Section 35.5 of this Act.
25        26. Disclosing protected health information in
26    violation of any State or federal law.

 

 

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

 

 

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

 

 

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1    transfer of a prescription for a patient absent a
2    professional rationale.
3    (b) The Department may refuse to issue or may suspend the
4license of any person who fails to file a return, or to pay the
5tax, penalty or interest shown in a filed return, or to pay any
6final assessment of tax, penalty or interest, as required by
7any tax Act administered by the Illinois Department of
8Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    (c) The Department shall revoke any license issued under
11the provisions of this Act or any prior Act of this State of
12any person who has been convicted a second time of committing
13any felony under the Illinois Controlled Substances Act, or
14who has been convicted a second time of committing a Class 1
15felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
16Code. A person whose license issued under the provisions of
17this Act or any prior Act of this State is revoked under this
18subsection (c) shall be prohibited from engaging in the
19practice of pharmacy in this State.
20    (d) Fines may be imposed in conjunction with other forms
21of disciplinary action, but shall not be the exclusive
22disposition of any disciplinary action arising out of conduct
23resulting in death or injury to a patient. Fines shall be paid
24within 60 days or as otherwise agreed to by the Department. Any
25funds collected from such fines shall be deposited in the
26Illinois State Pharmacy Disciplinary Fund.

 

 

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

 

 

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

 

 

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1conditions, or restrictions or to complete a required program
2of care, counseling, or treatment, as determined by the chief
3pharmacy coordinator, shall be referred to the Secretary for a
4determination as to whether the licensee shall have his or her
5license suspended immediately, pending a hearing by the Board.
6In instances in which the Secretary immediately suspends a
7license under this subsection (g), a hearing upon such
8person's license must be convened by the Board within 15 days
9after such suspension and completed without appreciable delay.
10The Department and Board shall have the authority to review
11the subject pharmacist's, registered certified pharmacy
12technician's, or registered pharmacy technician's record of
13treatment and counseling regarding the impairment.
14    (h) An individual or organization acting in good faith,
15and not in a willful and wanton manner, in complying with this
16Section by providing a report or other information to the
17Board, by assisting in the investigation or preparation of a
18report or information, by participating in proceedings of the
19Board, or by serving as a member of the Board shall not, as a
20result of such actions, be subject to criminal prosecution or
21civil damages. Any person who reports a violation of this
22Section to the Department is protected under subsection (b) of
23Section 15 of the Whistleblower Act.
24    (i) Members of the Board shall have no liability in any
25action based upon any disciplinary proceedings or other
26activity performed in good faith as a member of the Board. The

 

 

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1Attorney General shall defend all such actions unless he or
2she determines either that there would be a conflict of
3interest in such representation or that the actions complained
4of were not in good faith or were willful and wanton.
5    If the Attorney General declines representation, the
6member shall have the right to employ counsel of his or her
7choice, whose fees shall be provided by the State, after
8approval by the Attorney General, unless there is a
9determination by a court that the member's actions were not in
10good faith or were willful and wanton.
11    The member must notify the Attorney General within 7 days
12of receipt of notice of the initiation of any action involving
13services of the Board. Failure to so notify the Attorney
14General shall constitute an absolute waiver of the right to a
15defense and indemnification.
16    The Attorney General shall determine, within 7 days after
17receiving such notice, whether he or she will undertake to
18represent the member.
19(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
20    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
21    (Section scheduled to be repealed on January 1, 2023)
22    Sec. 35.7. Notwithstanding the provisions of Section 35.6
23of this Act, the Secretary shall have the authority to appoint
24any attorney duly licensed to practice law in the State of
25Illinois to serve as the hearing officer in any action before

 

 

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1the Board for refusal to issue, renew, or discipline of a
2license. The hearing officer shall have full authority to
3conduct the hearing. There may be present one or more members
4of the Board at any such hearing. The hearing officer shall
5report his findings of fact, conclusions of law and
6recommendations to the Board and the Secretary. The Board
7shall have 60 days from receipt of the report to review the
8report of the hearing officer and present their findings of
9fact, conclusions of law, and recommendations to the
10Secretary. If the Board fails to present its report within the
1160-day period, the respondent or the Department may request in
12writing a direct appeal to the Secretary, in which case the
13Secretary may issue an order based upon the report of the
14hearing officer and the record of the proceedings or issue an
15order remanding the matter back to the hearing officer for
16additional proceedings in accordance with the order.
17Notwithstanding any other provision of this Section, if the
18Secretary, upon review, determines that substantial justice
19has not been done in the revocation, suspension, or refusal to
20issue or renew a license or other disciplinary action taken as
21the result of the entry of the hearing officer's report, the
22Secretary may order a rehearing by the same or other
23examiners. If the Secretary disagrees with the recommendation
24of the Board or the hearing officer, the Secretary may issue an
25order in contravention of the recommendation.
26(Source: P.A. 100-497, eff. 9-8-17.)
 

 

 

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1    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 35.18. Certification of record. The Department shall
4not be required to certify any record to the court, to file an
5answer in court, or to otherwise appear in any court in a
6judicial review proceeding unless and until the Department has
7received from the plaintiff payment of the costs of furnishing
8and certifying the record, which costs shall be determined by
9the Department. Exhibits shall be certified without cost.
10Failure on the part of the plaintiff to file a receipt in court
11shall be grounds for dismissal of the action. During the
12pendency and hearing of any and all judicial proceedings
13incident to the disciplinary action the sanctions imposed upon
14the accused by the Department because of acts or omissions
15related to the delivery of direct patient care as specified in
16the Department's final administrative decision, shall, as a
17matter of public policy, remain in full force and effect in
18order to protect the public pending final resolution of any of
19the proceedings.
20(Source: P.A. 100-497, eff. 9-8-17.)
 
21    (225 ILCS 85/35.21)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 35.21. Citations.
24    (a) The Department may issue citations to any licensee for

 

 

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1any violation of this Act or the rules. The citation shall be
2issued to the licensee or other person alleged to have
3committed one or more violations and shall contain the
4licensee's or other person's name and address, the licensee's
5license number, if any, a brief factual statement, the
6Sections of this Act or the rules allegedly violated, and the
7penalty imposed, which shall not exceed $3,000 $1,000. The
8citation must clearly state that if the cited person wishes to
9dispute the citation, he or she may request in writing, within
1030 days after the citation is served, a hearing before the
11Department. If the cited person does not request a hearing
12within 30 days after the citation is served, then the citation
13shall become a final, non-disciplinary order and any fine
14imposed is due and payable. If the cited person requests a
15hearing within 30 days after the citation is served, the
16Department shall afford the cited person a hearing conducted
17in the same manner as a hearing provided in this Act for any
18violation of this Act and shall determine whether the cited
19person committed the violation as charged and whether the fine
20as levied is warranted. If the violation is found, any fine
21shall constitute discipline and be due and payable within 30
22days of the order of the Secretary. Failure to comply with any
23final order may subject the licensed person to further
24discipline or other action by the Department or a referral to
25the State's Attorney.
26    (b) A citation must be issued within 6 months after the

 

 

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1reporting of a violation that is the basis for the citation.
2    (c) Service of a citation shall be made in person,
3electronically, or by mail to the licensee at the licensee's
4address of record or email address of record.
5    (d) Nothing in this Section shall prohibit or limit the
6Department from taking further action pursuant to this Act and
7rules for additional, repeated, or continuing violations.
8    (e) The Department may adopt rules for the issuance of
9citations in accordance with this Section.
10(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
11    Section 99. Effective date. This Section 5 and Section 99
12take effect upon becoming law.