Illinois General Assembly - Full Text of SB1889
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Full Text of SB1889  103rd General Assembly




SB1889 EnrolledLRB103 03306 AMQ 48312 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 Sections 9 and 15.1 and by adding Section 9.7 as
7    (225 ILCS 85/9)
8    (Section scheduled to be repealed on January 1, 2028)
9    Sec. 9. Licensure as registered pharmacy technician.
10    (a) Any person shall be entitled to licensure as a
11registered pharmacy technician who is of the age of 16 or over,
12has not engaged in conduct or behavior determined to be
13grounds for discipline under this Act, is attending or has
14graduated from an accredited high school or comparable school
15or educational institution or received a State of Illinois
16High School Diploma, and has filed a written or electronic
17application for licensure on a form to be prescribed and
18furnished by the Department for that purpose. The Department
19shall issue a license as a registered pharmacy technician to
20any applicant who has qualified as aforesaid, and such license
21shall be the sole authority required to assist licensed
22pharmacists in the practice of pharmacy, under the supervision
23of a licensed pharmacist. A registered pharmacy technician may



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1be delegated to perform any task within the practice of
2pharmacy if specifically trained for that task, except for
3patient counseling, drug regimen review, clinical conflict
4resolution, or final prescription verification except where a
5registered certified pharmacy technician verifies a
6prescription dispensed by another pharmacy technician using
7technology-assisted medication verification, or providing
8patients prophylaxis drugs for human immunodeficiency virus
9pre-exposure prophylaxis or post-exposure prophylaxis.
10    (b) Beginning on January 1, 2017, within 2 years after
11initial licensure as a registered pharmacy technician, the
12licensee must meet the requirements described in Section 9.5
13of this Act and become licensed as a registered certified
14pharmacy technician. If the licensee has not yet attained the
15age of 18, then upon the next renewal as a registered pharmacy
16technician, the licensee must meet the requirements described
17in Section 9.5 of this Act and become licensed as a registered
18certified pharmacy technician. This requirement does not apply
19to pharmacy technicians registered prior to January 1, 2008.
20    (c) (Blank). Any person registered as a pharmacy
21technician who is also enrolled in a first professional degree
22program in pharmacy in a school or college of pharmacy or a
23department of pharmacy of a university approved by the
24Department or has graduated from such a program within the
25last 18 months, shall be considered a "student pharmacist" and
26entitled to use the title "student pharmacist". A student



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



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



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1The Department shall forward confirmation of receipt of the
2application with start and expiration dates of practice
3pending licensure.
4    (h) Supportive staff who solely perform clerical work are
5not required to be licensed as a registered pharmacy
6technician. It shall be the responsibility of the pharmacy,
7the pharmacist-in-charge, and the pharmacy technician to
8ensure supportive staff are properly trained. The pharmacy or
9pharmacist-in-charge shall alert the Department's chief
10pharmacy coordinator when supportive staff have been
11terminated for threatening patient safety or diversion, in
12accordance with the requirements of subsection (b) of Section
1330.1. As used in this subsection, "clerical work" includes,
14without limitation, operating registers at the point of sale,
15sorting pre-packaged drugs in pharmacies specializing in
16centralized prescription filling, and selling prescriptions
17that have received final verification by a pharmacist in
18accordance with subsection (c-5) of Section 15.1. "Clerical
19work" does not include data entry, packaging, labeling, or
21(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
22102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised
24    (225 ILCS 85/9.7 new)
25    Sec. 9.7. Student pharmacist. Any person who is also



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1enrolled in a first professional degree program in pharmacy in
2a school or college of pharmacy or a department of pharmacy of
3a university approved by the Department, or has graduated from
4such a program within the last 18 months, shall be considered a
5"student pharmacist" and entitled to use the title "student
6pharmacist". A student pharmacist must meet all of the
7requirements for licensure as a registered pharmacy technician
8set forth in Section 9, except for the requirement of
9certification prior to the second license renewal, and pay the
10required license fees. A student pharmacist may, under the
11supervision of a pharmacist, assist in the practice of
12pharmacy and perform any and all functions delegated to him or
13her by the pharmacist.
14    (225 ILCS 85/15.1)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 15.1. Pharmacy working conditions.
17    (a) A pharmacy licensed under this Act shall not require a
18pharmacist, student pharmacist, or pharmacy technician to work
19longer than 12 continuous hours per day, inclusive of the
20breaks required under subsection (b).
21    (b) A pharmacist who works 6 continuous hours or longer
22per day shall be allowed to take, at a minimum, one 30-minute
23uninterrupted meal break and one 15-minute break during that
246-hour period. If such pharmacist is required to work 12
25continuous hours per day, at a minimum, he or she qualifies for



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1an additional 15-minute break. A pharmacist who is entitled to
2take such breaks shall not be required to work more than 5
3continuous hours, excluding a 15-minute break, before being
4given the opportunity to take a 30-minute uninterrupted meal
5break. If the pharmacy has a private break room available, or
6if there is a private break room in the establishment or
7business in which the pharmacy is located, a pharmacist who is
8entitled to breaks must be given access to that private break
9room and allowed to spend his or her break time in that room.
10    (c) A pharmacy may, but is not required to, close when a
11pharmacist is allowed to take a break under subsection (b). If
12the pharmacy does not close, the pharmacist shall either
13remain within the licensed pharmacy or within the
14establishment in which the licensed pharmacy is located in
15order to be available for emergencies. In addition, the
16following applies:
17        (1) pharmacy technicians, student pharmacists, and
18    other supportive staff authorized by the pharmacist on
19    duty may continue to perform duties as allowed under this
20    Act;
21        (2) no duties reserved to pharmacists and student
22    pharmacists under this Act, or that require the
23    professional judgment of a pharmacist, may be performed by
24    pharmacy technicians or other supportive staff; and
25        (3) only prescriptions that have received final
26    verification by a pharmacist may be sold dispensed while



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1    the pharmacist is on break, except those prescriptions
2    that require counseling by a pharmacist, including all new
3    prescriptions and those refill prescriptions for which a
4    pharmacist has determined that counseling is necessary,
5    may be sold dispensed only if the following conditions are
6    met:
7            (i) the patient or other individual who is picking
8        up the prescription on behalf of the patient is told
9        that the pharmacist is on a break and is offered the
10        chance to wait until the pharmacist returns from break
11        in order to receive counseling;
12            (ii) if the patient or other individual who is
13        picking up the prescription on behalf of the patient
14        declines to wait, a telephone number at which the
15        patient or other individual who is picking up the
16        prescription on behalf of the patient can be reached
17        is obtained;
18            (iii) after returning from the break, the
19        pharmacist makes a reasonable effort to contact the
20        patient or other individual who is picking up the
21        prescription on behalf of the patient and provide
22        counseling; and
23            (iv) the pharmacist documents the counseling that
24        was provided or documents why counseling was not
25        provided after a minimum of 2 attempts, including a
26        description of the efforts made to contact the patient



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1        or other individual who is picking up the prescription
2        on behalf of the patient; the documentation shall be
3        retained by the pharmacy and made available for
4        inspection by the Board or its authorized
5        representatives for at least 2 years.
6    (c-5) When a pharmacist is not present in the pharmacy, a
7registered pharmacy technician, registered certified pharmacy
8technician, student pharmacist, or other supportive staff
9shall sell prescriptions that have received final verification
10by a pharmacist. A registered pharmacy technician, registered
11certified pharmacy technician, student pharmacist, or other
12supportive staff shall connect a patient to a pharmacist to
13provide counseling by audio or video technology for any
14prescription that requires counseling by a pharmacist. If the
15pharmacy does not have audio and video technology to connect
16the patient or other individual who is picking up the
17prescription on behalf of the patient to a pharmacist to
18provide counseling, then a telephone number at which the
19patient or other individual who is picking up the prescription
20on behalf of the patient can be reached shall be obtained . The
21pharmacist, upon returning to duty, shall attempt to contact
22the patient or other individual in accordance with items (iii)
23and (iv) of subsection (c). It shall be the responsibility of
24the pharmacy and pharmacist-in-charge to ensure that all
25staff, including supportive staff, are trained in selling
26pre-verified prescriptions. Training shall include, at a



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1minimum, recordkeeping requirements, patient counseling
2protocols as described in this subsection (c-5), pharmacy
3safety protocols, and patient privacy standards. The
4prescription record shall contain the names, initials, or
5other unique identifier of both the pharmacist who verified
6the prescription and the staff member who sold the
8    (d) In a pharmacy staffed by 2 or more pharmacists, the
9pharmacists shall stagger breaks so that at least one
10pharmacist remains on duty during all times that the pharmacy
11remains open for the transaction of business.
12    (e) (Blank). A pharmacy shall keep and maintain a complete
13and accurate record showing its pharmacists' daily break
15    (f) Subsections (a) and (b) shall not apply when an
16emergency, as deemed by the professional judgment of the
17pharmacist, necessitates that a pharmacist, student
18pharmacist, or pharmacy technician work longer than 12
19continuous hours, work without taking required meal breaks, or
20have a break interrupted in order to minimize immediate health
21risks for patients.
22(Source: P.A. 101-621, eff. 1-1-20.)