Illinois General Assembly - Full Text of HB3948
Illinois General Assembly

Previous General Assemblies

Full Text of HB3948  93rd General Assembly

HB3948 93rd General Assembly


093_HB3948

                                     LRB093 12958 AMC 18168 b

 1        AN ACT concerning health care.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act may be cited as the  Use
 5    and Sale of Retractable Needles Act.

 6        Section   10.   Use  and  sale  of  retractable  needles.
 7    Hospitals licensed under the Hospital Licensing Act  may  use
 8    and  pharmacies  licensed  under the Pharmacy Practice Act of
 9    1987 may sell only retractable needles.

10        Section 15. Penalties. A  violation  of  this  Act  is  a
11    ground for discipline under the appropriate licensing Act.

12        Section  90.   The  Hospital  Licensing Act is amended by
13    changing Section 7 as follows:

14        (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
15        Sec. 7.  (a) The Director after  notice  and  opportunity
16    for  hearing  to the applicant or licensee may deny, suspend,
17    or revoke a permit to establish a hospital or deny,  suspend,
18    or revoke a license to open, conduct, operate, and maintain a
19    hospital  in any case in which he finds that there has been a
20    substantial failure to comply with  the  provisions  of  this
21    Act,  or  the  Hospital  Report Card Act, the Use and Sale of
22    Retractable  Needles  Act,  or  the  standards,  rules,   and
23    regulations established by virtue of either of those Acts.
24        (b)  Such  notice shall be effected by registered mail or
25    by personal service setting forth the particular reasons  for
26    the  proposed action and fixing a date, not less than 15 days
27    from the date of such mailing or service, at which  time  the
28    applicant  or  licensee  shall  be given an opportunity for a
 
                            -2-      LRB093 12958 AMC 18168 b
 1    hearing. Such hearing shall be conducted by the  Director  or
 2    by an employee of the Department designated in writing by the
 3    Director  as  Hearing  Officer to conduct the hearing. On the
 4    basis of any such hearing, or upon default of  the  applicant
 5    or   licensee,   the  Director  shall  make  a  determination
 6    specifying his findings and conclusions. In case of a  denial
 7    to  an  applicant  of  a permit to establish a hospital, such
 8    determination shall specify the subsection of Section 6 under
 9    which the permit was denied and  shall  contain  findings  of
10    fact  forming  the  basis  of  such  denial.  A  copy of such
11    determination shall be sent  by  registered  mail  or  served
12    personally  upon  the  applicant  or  licensee.  The decision
13    denying, suspending, or revoking a permit or a license  shall
14    become  final 35 days after it is so mailed or served, unless
15    the  applicant  or  licensee,  within  such  35  day  period,
16    petitions for review pursuant to Section 13.
17        (c)  The procedure governing hearings authorized by  this
18    Section  shall be in accordance with rules promulgated by the
19    Department and approved by the Hospital  Licensing  Board.  A
20    full  and  complete  record shall be kept of all proceedings,
21    including the notice of hearing,  complaint,  and  all  other
22    documents  in  the nature of pleadings, written motions filed
23    in the proceedings, and the report and orders of the Director
24    and Hearing Officer. All testimony shall be reported but need
25    not be transcribed unless the decision is  appealed  pursuant
26    to  Section  13.  A  copy  or copies of the transcript may be
27    obtained by any interested party on payment of  the  cost  of
28    preparing such copy or copies.
29        (d)  The  Director  or Hearing Officer shall upon his own
30    motion, or on  the  written  request  of  any  party  to  the
31    proceeding,  issue subpoenas requiring the attendance and the
32    giving of testimony by witnesses, and subpoenas  duces  tecum
33    requiring  the  production  of  books,  papers,  records,  or
34    memoranda.  All  subpoenas  and  subpoenas duces tecum issued
 
                            -3-      LRB093 12958 AMC 18168 b
 1    under the terms of this Act may be served by  any  person  of
 2    full  age.  The  fees  of witnesses for attendance and travel
 3    shall be the same as the fees of witnesses before the Circuit
 4    Court of this State, such fees to be paid when the witness is
 5    excused  from  further  attendance.  When  the   witness   is
 6    subpoenaed  at  the  instance  of  the  Director,  or Hearing
 7    Officer, such fees shall be paid in the same manner as  other
 8    expenses   of   the  Department,  and  when  the  witness  is
 9    subpoenaed at the instance of any other  party  to  any  such
10    proceeding  the  Department  may  require  that  the  cost of
11    service of the subpoena or subpoena duces tecum and  the  fee
12    of  the  witness  be borne by the party at whose instance the
13    witness is summoned. In such  case,  the  Department  in  its
14    discretion,  may  require a deposit to cover the cost of such
15    service and witness fees. A subpoena or subpoena duces  tecum
16    issued  as  aforesaid shall be served in the same manner as a
17    subpoena issued out of a court.
18        (e)  Any Circuit Court of this State upon the application
19    of the Director, or upon the application of any  other  party
20    to  the  proceeding,  may,  in  its  discretion,  compel  the
21    attendance  of  witnesses,  the  production of books, papers,
22    records, or memoranda and the giving of testimony before  the
23    Director  or  Hearing  Officer conducting an investigation or
24    holding a hearing authorized by this Act,  by  an  attachment
25    for  contempt, or otherwise, in the same manner as production
26    of evidence may be compelled before the court.
27        (f)  The Director or Hearing Officer, or any party in  an
28    investigation or hearing before the Department, may cause the
29    depositions  of witnesses within the State to be taken in the
30    manner prescribed  by  law  for  like  depositions  in  civil
31    actions  in  courts of this State, and to that end compel the
32    attendance of witnesses and the production of books,  papers,
33    records, or memoranda.
34    (Source: P.A. 93-563, eff. 1-1-04.)
 
                            -4-      LRB093 12958 AMC 18168 b
 1        Section 95.  The Pharmacy Practice Act of 1987 is amended
 2    by changing Section 30 as follows:

 3        (225 ILCS 85/30) (from Ch. 111, par. 4150)
 4        (Section scheduled to be repealed on January 1, 2008)
 5        Sec.  30.  (a) In accordance with Section 11 of this Act,
 6    the Department may refuse to issue, restore, or renew, or may
 7    revoke, suspend, place on probation, reprimand or take  other
 8    disciplinary  action  as  the Department may deem proper with
 9    regard to any license or certificate of registration for  any
10    one or combination of the following causes:
11             1.  Material  misstatement in furnishing information
12        to the Department.
13             2.  Violations of this Act, or the rules promulgated
14        hereunder.
15             3.  Making any misrepresentation for the purpose  of
16        obtaining licenses.
17             4.  A   pattern   of   conduct   which  demonstrates
18        incompetence or unfitness to practice.
19             5.  Aiding or assisting another person in  violating
20        any provision of this Act or rules.
21             6.  Failing, within 60 days, to respond to a written
22        request made by the Department for information.
23             7.  Engaging    in    dishonorable,   unethical   or
24        unprofessional conduct of a character likely to  deceive,
25        defraud or harm the public.
26             8.  Discipline   by  another  U.S.  jurisdiction  or
27        foreign nation, if at least one of the  grounds  for  the
28        discipline  is  the  same  or substantially equivalent to
29        those set forth herein.
30             9.  Directly or indirectly giving  to  or  receiving
31        from   any  person,  firm,  corporation,  partnership  or
32        association any fee, commission, rebate or other form  of
33        compensation  for  any professional services not actually
 
                            -5-      LRB093 12958 AMC 18168 b
 1        or personally rendered.
 2             10.  A finding by the Department that the  licensee,
 3        after  having  his  license placed on probationary status
 4        has 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
12        been applied for or obtained by fraudulent means.
13             14.  The applicant, or licensee has  been  convicted
14        in  state or federal court of any crime which is a felony
15        or any misdemeanor related to the practice  of  pharmacy,
16        of which an essential element is dishonesty.
17             15.  Habitual  or  excessive  use  or  addiction  to
18        alcohol,  narcotics,  stimulants  or  any  other chemical
19        agent or drug which results in the inability to  practice
20        with reasonable judgment, skill or safety.
21             16.  Willfully  making  or  filing  false records or
22        reports in the practice of pharmacy, including,  but  not
23        limited  to  false  records to support claims against the
24        medical assistance program of the  Department  of  Public
25        Aid under the Public Aid Code.
26             17.  Gross and willful overcharging for professional
27        services including filing false statements for collection
28        of  fees  for which services are not rendered, including,
29        but  not  limited  to,  filing   false   statements   for
30        collection  of  monies for services not rendered from the
31        medical assistance program of the  Department  of  Public
32        Aid under the Public Aid Code.
33             18.  Repetitiously   dispensing  prescription  drugs
34        without receiving a written or oral prescription.
 
                            -6-      LRB093 12958 AMC 18168 b
 1             19.  Upon a finding of a substantial discrepancy  in
 2        a  Department  audit  of  a  prescription drug, including
 3        controlled substances, as that term is  defined  in  this
 4        Act or in the Illinois Controlled Substances Act.
 5             20.  Physical illness which results in the inability
 6        to practice with reasonable judgment, skill or safety, or
 7        mental  incompetency  as declared by a court of competent
 8        jurisdiction.
 9             21.  Violation   of   the   Health    Care    Worker
10        Self-Referral Act.
11             22.  Failing to sell or dispense any drug, medicine,
12        or  poison in good faith.  "Good faith", for the purposes
13        of this Section,  has  the  meaning  ascribed  to  it  in
14        subsection  (u) of Section 102 of the Illinois Controlled
15        Substances Act.
16             23.  Interfering with the professional judgment of a
17        pharmacist by any registrant under this Act,  or  his  or
18        her agents or employees.
19             24.  Violation  of  the  Use and Sale of Retractable
20        Needles Act.
21        (b)  The Department may refuse to issue  or  may  suspend
22    the license or registration of any person who fails to file a
23    return,  or  to  pay  the tax, penalty or interest shown in a
24    filed return, or to pay any final assessment of tax,  penalty
25    or  interest,  as required by any tax Act administered by the
26    Illinois Department  of  Revenue,  until  such  time  as  the
27    requirements of any such tax Act are satisfied.
28        (c)  The   Department   shall   revoke   the  license  or
29    certificate of registration issued under  the  provisions  of
30    this Act or any prior Act of this State of any person who has
31    been  convicted  a second time of committing any felony under
32    the Illinois Controlled  Substances  Act,  or  who  has  been
33    convicted  a second time of committing a Class 1 felony under
34    Sections 8A-3 and 8A-6 of the Illinois Public  Aid  Code.   A
 
                            -7-      LRB093 12958 AMC 18168 b
 1    person  whose  license  or certificate of registration issued
 2    under the provisions of this Act or any  prior  Act  of  this
 3    State   is   revoked  under  this  subsection  (c)  shall  be
 4    prohibited from engaging in the practice of pharmacy in  this
 5    State.
 6        (d)  In  any order issued in resolution of a disciplinary
 7    proceeding, the Board may request any licensee  found  guilty
 8    of  a  charge involving a significant violation of subsection
 9    (a) of Section 5,  or  paragraph  19  of  Section  30  as  it
10    pertains to controlled substances, to pay to the Department a
11    fine not to exceed $2,000.
12        (e)  In  any order issued in resolution of a disciplinary
13    proceeding, in addition to any other disciplinary action, the
14    Board may request any licensee found guilty of  noncompliance
15    with  the  continuing education requirements of Section 12 to
16    pay the Department a fine not to exceed $1000.
17        (f)  The Department shall issue quarterly to the Board  a
18    status  of  all complaints related to the profession received
19    by the Department.
20    (Source: P.A. 92-880, eff. 1-1-04.)