093_SB1769

 
                                     LRB093 07965 AMC 11678 b

 1        AN ACT concerning professional regulation.

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

 4        Section  5.  The Pharmacy Practice Act of 1987 is amended
 5    by changing Sections 3 and 16a as follows:

 6        (225 ILCS 85/3) (from Ch. 111, par. 4123)
 7        (Section scheduled to be repealed on January 1, 2008)
 8        (Text of Section before amendment by P.A. 92-880)
 9        Sec. 3. Definitions.  For the purpose of this Act, except
10    where otherwise limited therein:
11        (a)  "Pharmacy" or "drugstore" means and  includes  every
12    store,  shop,  pharmacy  department,  or  other  place  where
13    pharmaceutical  care  is  provided  by a pharmacist (1) where
14    drugs, medicines, or poisons are dispensed, sold  or  offered
15    for  sale  at retail, or displayed for sale at retail; or (2)
16    where prescriptions of physicians,  dentists,  veterinarians,
17    podiatrists,   or   therapeutically  certified  optometrists,
18    within the limits of their licenses, are compounded,  filled,
19    or  dispensed;  or  (3) which has upon it or displayed within
20    it, or affixed to or used  in  connection  with  it,  a  sign
21    bearing   the   word   or   words  "Pharmacist",  "Druggist",
22    "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
23    "Medicine Store", "Prescriptions", "Drugs",  "Medicines",  or
24    any  word  or  words of similar or like import, either in the
25    English language or any other  language;  or  (4)  where  the
26    characteristic  prescription  sign  (Rx) or similar design is
27    exhibited; or (5) any store, or shop,  or  other  place  with
28    respect  to  which  any of the above words, objects, signs or
29    designs are used in any advertisement.
30        (b)  "Drugs" means and includes (l)  articles  recognized
31    in   the   official   United   States  Pharmacopoeia/National
 
                            -2-      LRB093 07965 AMC 11678 b
 1    Formulary (USP/NF),  or  any  supplement  thereto  and  being
 2    intended  for  and  having  for their main use the diagnosis,
 3    cure, mitigation, treatment or prevention of disease  in  man
 4    or  other  animals, as approved by the United States Food and
 5    Drug Administration, but does not include  devices  or  their
 6    components, parts, or accessories; and (2) all other articles
 7    intended  for  and  having  for their main use the diagnosis,
 8    cure, mitigation, treatment or prevention of disease  in  man
 9    or  other  animals, as approved by the United States Food and
10    Drug Administration, but does not include  devices  or  their
11    components,  parts,  or  accessories; and (3) articles (other
12    than food) having for their main use and intended  to  affect
13    the  structure  or  any  function of the body of man or other
14    animals; and (4) articles  having  for  their  main  use  and
15    intended  for use as a component or any articles specified in
16    clause (l), (2) or (3); but does not include devices or their
17    components, parts or accessories.
18        (c)  "Medicines" means and includes  all  drugs  intended
19    for  human  or  veterinary  use approved by the United States
20    Food and Drug Administration.
21        (d)  "Practice  of  pharmacy"  means  the  provision   of
22    pharmaceutical   care   to  patients  as  determined  by  the
23    pharmacist's professional judgment in  the  following  areas,
24    which  may  include  but  are  not  limited  to  (1)  patient
25    counseling,   (2)   interpretation   and   assisting  in  the
26    monitoring of  appropriate  drug  use  and  prospective  drug
27    utilization   review,   (3)   providing  information  on  the
28    therapeutic  values,  reactions,  drug   interactions,   side
29    effects,  uses, selection of medications and medical devices,
30    and outcome  of  drug  therapy,  (4)  participation  in  drug
31    selection,   drug   monitoring,   drug   utilization  review,
32    evaluation, administration,  interpretation,  application  of
33    pharmacokinetic  and  laboratory  data  to  design  safe  and
34    effective  drug  regimens,  (5)  drug  research (clinical and
 
                            -3-      LRB093 07965 AMC 11678 b
 1    scientific), and (6) compounding and dispensing of drugs  and
 2    medical devices.
 3        (e)  "Prescription" means and includes any written, oral,
 4    facsimile,  or  electronically transmitted order for drugs or
 5    medical devices, issued by a physician licensed  to  practice
 6    medicine  in  all  its  branches,  dentist,  veterinarian, or
 7    podiatrist,  or therapeutically certified optometrist, within
 8    the limits of their licenses, by  a  physician  assistant  in
 9    accordance  with  subsection  (f)  of  Section  4,  or  by an
10    advanced practice nurse in accordance with subsection (g)  of
11    Section 4, containing the following: (l) name of the patient;
12    (2)  date when prescription was issued; (3) name and strength
13    of drug or description of the medical device prescribed;  and
14    (4)  quantity, (5) directions for use, (6) prescriber's name,
15    address and signature, and (7) DEA number where required, for
16    controlled substances. DEA numbers shall not be  required  on
17    inpatient drug orders.
18        (f)  "Person"   means  and  includes  a  natural  person,
19    copartnership, association, corporation,  government  entity,
20    or any other legal entity.
21        (g)  "Department"  means  the  Department of Professional
22    Regulation.
23        (h)  "Board of Pharmacy" or "Board" means the State Board
24    of Pharmacy of the Department of Professional Regulation.
25        (i)  "Director"  means  the  Director   of   Professional
26    Regulation.
27        (j)  "Drug product selection" means the interchange for a
28    prescribed  pharmaceutical product in accordance with Section
29    25 of this Act and Section 3.14 of the  Illinois  Food,  Drug
30    and Cosmetic Act.
31        (k)  "Inpatient  drug  order" means an order issued by an
32    authorized prescriber for a resident or patient of a facility
33    licensed under the Nursing Home  Care  Act  or  the  Hospital
34    Licensing  Act,  or  "An  Act in relation to the founding and
 
                            -4-      LRB093 07965 AMC 11678 b
 1    operation of the University  of  Illinois  Hospital  and  the
 2    conduct  of  University  of  Illinois  health care programs",
 3    approved July 3, 1931, as amended, or  a  facility  which  is
 4    operated by the Department of Human Services (as successor to
 5    the   Department   of   Mental   Health   and   Developmental
 6    Disabilities) or the Department of Corrections.
 7        (k-5)  "Pharmacist"   means   an   individual   currently
 8    licensed by this State to engage in the practice of pharmacy.
 9        (l)  "Pharmacist in charge" means the licensed pharmacist
10    whose  name  appears on a pharmacy license who is responsible
11    for all aspects of the operation related to the  practice  of
12    pharmacy.
13        (m)  "Dispense"  means  the delivery of drugs and medical
14    devices, in accordance with applicable State and federal laws
15    and  regulations,   to   the   patient   or   the   patient's
16    representative   authorized   to   receive   these  products,
17    including the compounding, packaging, and labeling  necessary
18    for delivery, and any recommending or advising concerning the
19    contents  and therapeutic values and uses thereof. "Dispense"
20    does not mean  the  physical  delivery  to  a  patient  or  a
21    patient's  representative  in  a  home  or  institution  by a
22    designee of a pharmacist or by  common  carrier.   "Dispense"
23    also does not mean the physical delivery of a drug or medical
24    device   to  a  patient  or  patient's  representative  by  a
25    pharmacist's designee within a pharmacy  or  drugstore  while
26    the pharmacist is on duty and the pharmacy is open.
27        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
28    located in a state of the United States, other than Illinois,
29    or   a   province  of  Canada  that  delivers,  dispenses  or
30    distributes, through the  United  States  Postal  Service  or
31    other  common  carrier,  to Illinois residents, any substance
32    which requires a prescription.
33        (o)  "Compounding"   means   the   preparation,   mixing,
34    assembling, packaging, or  labeling  of  a  drug  or  medical
 
                            -5-      LRB093 07965 AMC 11678 b
 1    device:  (1)  as  the result of a practitioner's prescription
 2    drug order or initiative that  is  dispensed  pursuant  to  a
 3    prescription  in  the course of professional practice; or (2)
 4    for the purpose of, or incident to,  research,  teaching,  or
 5    chemical  analysis;  or  (3)  in anticipation of prescription
 6    drug orders based on routine, regularly observed  prescribing
 7    patterns.
 8        (p)  "Confidential    information"   means   information,
 9    maintained  by  the  pharmacist  in  the  patient's  records,
10    released only (i) to the patient or, as the patient  directs,
11    to  other  practitioners and other pharmacists or (ii) to any
12    other person authorized by law to receive the information.
13        (q)  "Prospective  drug  review"  or  "drug   utilization
14    evaluation"  means  a  screening  for  potential drug therapy
15    problems  due  to   therapeutic   duplication,   drug-disease
16    contraindications,  drug-drug interactions (including serious
17    interactions with nonprescription or over-the-counter drugs),
18    drug-food interactions, incorrect drug dosage or duration  of
19    drug treatment, drug-allergy interactions, and clinical abuse
20    or misuse.
21        (r)  "Patient counseling" means the communication between
22    a  pharmacist  or  a  student  pharmacist  under  the  direct
23    supervision  of  a  pharmacist and a patient or the patient's
24    representative about the patient's medication or  device  for
25    the   purpose   of  optimizing  proper  use  of  prescription
26    medications  or  devices.   The  offer  to  counsel  by   the
27    pharmacist  or  the  pharmacist's  designee,  and  subsequent
28    patient  counseling  by the pharmacist or student pharmacist,
29    shall be  made  in  a  face-to-face  communication  with  the
30    patient   or   patient's   representative   unless,   in  the
31    professional  judgment  of  the  pharmacist,  a  face-to-face
32    communication is deemed  inappropriate  or  unnecessary.   In
33    that instance, the offer to counsel or patient counseling may
34    be  made  in  a  written communication, by telephone, or in a
 
                            -6-      LRB093 07965 AMC 11678 b
 1    manner determined by the pharmacist to be appropriate.
 2        (s)  "Patient profiles" or "patient drug therapy  record"
 3    means  the  obtaining,  recording, and maintenance of patient
 4    prescription and personal information.
 5        (t)  "Pharmaceutical care" includes, but is  not  limited
 6    to,  the  act  of  monitoring drug use and other patient care
 7    services  intended  to  achieve  outcomes  that  improve  the
 8    patient's quality of life but shall not include the  sale  of
 9    over-the-counter  drugs by a seller of goods and services who
10    does not dispense prescription drugs.
11        (u)  "Medical device"  means  an  instrument,  apparatus,
12    implement,  machine,  contrivance, implant, in vitro reagent,
13    or other similar or related article, including any  component
14    part  or  accessory,  required  under federal law to bear the
15    label "Caution: Federal law requires dispensing by or on  the
16    order  of  a  physician". A seller of goods and services who,
17    only for the  purpose  of  retail  sales,  compounds,  sells,
18    rents,  or  leases  medical  devices  shall  not,  by reasons
19    thereof, be required to be a licensed pharmacy.
20    (Source: P.A. 89-202,  eff.  7-21-95;  89-507,  eff.  7-1-97;
21    90-116,  eff.  7-14-97;  90-253,  eff.  7-29-97; 90-655, eff.
22    7-30-98; 90-742, eff. 8-13-98.)

23        (Text of Section after amendment by P.A. 92-880)
24        Sec. 3. Definitions.  For the purpose of this Act, except
25    where otherwise limited therein:
26        (a)  "Pharmacy" or "drugstore" means and  includes  every
27    store,  shop,  pharmacy  department,  or  other  place  where
28    pharmaceutical  care  is  provided  by a pharmacist (1) where
29    drugs, medicines, or poisons are dispensed, sold  or  offered
30    for  sale  at retail, or displayed for sale at retail; or (2)
31    where prescriptions of physicians,  dentists,  veterinarians,
32    podiatrists,   or   therapeutically  certified  optometrists,
33    within the limits of their licenses, are compounded,  filled,
34    or  dispensed;  or  (3) which has upon it or displayed within
 
                            -7-      LRB093 07965 AMC 11678 b
 1    it, or affixed to or used  in  connection  with  it,  a  sign
 2    bearing   the   word   or   words  "Pharmacist",  "Druggist",
 3    "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
 4    "Medicine Store", "Prescriptions", "Drugs",  "Medicines",  or
 5    any  word  or  words of similar or like import, either in the
 6    English language or any other  language;  or  (4)  where  the
 7    characteristic  prescription  sign  (Rx) or similar design is
 8    exhibited; or (5) any store, or shop,  or  other  place  with
 9    respect  to  which  any of the above words, objects, signs or
10    designs are used in any advertisement.
11        (b)  "Drugs" means and includes (l)  articles  recognized
12    in   the   official   United   States  Pharmacopoeia/National
13    Formulary (USP/NF),  or  any  supplement  thereto  and  being
14    intended  for  and  having  for their main use the diagnosis,
15    cure, mitigation, treatment or prevention of disease  in  man
16    or  other  animals, as approved by the United States Food and
17    Drug Administration, but does not include  devices  or  their
18    components, parts, or accessories; and (2) all other articles
19    intended  for  and  having  for their main use the diagnosis,
20    cure, mitigation, treatment or prevention of disease  in  man
21    or  other  animals, as approved by the United States Food and
22    Drug Administration, but does not include  devices  or  their
23    components,  parts,  or  accessories; and (3) articles (other
24    than food) having for their main use and intended  to  affect
25    the  structure  or  any  function of the body of man or other
26    animals; and (4) articles  having  for  their  main  use  and
27    intended  for use as a component or any articles specified in
28    clause (l), (2) or (3); but does not include devices or their
29    components, parts or accessories.
30        (c)  "Medicines" means and includes  all  drugs  intended
31    for  human  or  veterinary  use approved by the United States
32    Food and Drug Administration.
33        (d)  "Practice  of  pharmacy"  means  the  provision   of
34    pharmaceutical   care   to  patients  as  determined  by  the
 
                            -8-      LRB093 07965 AMC 11678 b
 1    pharmacist's professional judgment in  the  following  areas,
 2    which  may  include  but  are  not  limited  to  (1)  patient
 3    counseling,   (2)   interpretation   and   assisting  in  the
 4    monitoring of  appropriate  drug  use  and  prospective  drug
 5    utilization   review,   (3)   providing  information  on  the
 6    therapeutic  values,  reactions,  drug   interactions,   side
 7    effects,  uses, selection of medications and medical devices,
 8    and outcome  of  drug  therapy,  (4)  participation  in  drug
 9    selection,   drug   monitoring,   drug   utilization  review,
10    evaluation, administration,  interpretation,  application  of
11    pharmacokinetic  and  laboratory  data  to  design  safe  and
12    effective  drug  regimens,  (5)  drug  research (clinical and
13    scientific), and (6) compounding and dispensing of drugs  and
14    medical devices.
15        (e)  "Prescription" means and includes any written, oral,
16    facsimile,  or  electronically transmitted order for drugs or
17    medical devices, issued by a physician licensed  to  practice
18    medicine  in  all  its  branches,  dentist,  veterinarian, or
19    podiatrist,  or therapeutically certified optometrist, within
20    the limits of their licenses, by  a  physician  assistant  in
21    accordance  with  subsection  (f)  of  Section  4,  or  by an
22    advanced practice nurse in accordance with subsection (g)  of
23    Section 4, containing the following: (l) name of the patient;
24    (2)  date when prescription was issued; (3) name and strength
25    of drug or description of the medical device prescribed;  and
26    (4)  quantity, (5) directions for use, (6) prescriber's name,
27    address and signature, and (7) DEA number where required, for
28    controlled substances. DEA numbers shall not be  required  on
29    inpatient drug orders.
30        (f)  "Person"   means  and  includes  a  natural  person,
31    copartnership, association, corporation,  government  entity,
32    or any other legal entity.
33        (g)  "Department"  means  the  Department of Professional
34    Regulation.
 
                            -9-      LRB093 07965 AMC 11678 b
 1        (h)  "Board of Pharmacy" or "Board" means the State Board
 2    of Pharmacy of the Department of Professional Regulation.
 3        (i)  "Director"  means  the  Director   of   Professional
 4    Regulation.
 5        (j)  "Drug product selection" means the interchange for a
 6    prescribed  pharmaceutical product in accordance with Section
 7    25 of this Act and Section 3.14 of the  Illinois  Food,  Drug
 8    and Cosmetic Act.
 9        (k)  "Inpatient  drug  order" means an order issued by an
10    authorized prescriber for a resident or patient of a facility
11    licensed under the Nursing Home  Care  Act  or  the  Hospital
12    Licensing  Act,  or  "An  Act in relation to the founding and
13    operation of the University  of  Illinois  Hospital  and  the
14    conduct  of  University  of  Illinois  health care programs",
15    approved July 3, 1931, as amended, or  a  facility  which  is
16    operated by the Department of Human Services (as successor to
17    the   Department   of   Mental   Health   and   Developmental
18    Disabilities) or the Department of Corrections.
19        (k-5)  "Pharmacist"   means   an   individual   currently
20    licensed by this State to engage in the practice of pharmacy.
21        (l)  "Pharmacist in charge" means the licensed pharmacist
22    whose   name  appears  on  a  pharmacy  license  and  who  is
23    responsible for all aspects of the operation related  to  the
24    practice of pharmacy.
25        (m)  "Dispense"  means  the delivery of drugs and medical
26    devices, in accordance with applicable State and federal laws
27    and  regulations,   to   the   patient   or   the   patient's
28    representative   authorized   to   receive   these  products,
29    including the compounding, packaging, and labeling  necessary
30    for delivery, and any recommending or advising concerning the
31    contents and therapeutic values and uses thereof.  "Dispense"
32    does  not  mean  the  physical  delivery  to  a  patient or a
33    patient's representative  in  a  home  or  institution  by  a
34    designee  of  a  pharmacist or by common carrier.  "Dispense"
 
                            -10-     LRB093 07965 AMC 11678 b
 1    also does not mean the physical delivery of a drug or medical
 2    device  to  a  patient  or  patient's  representative  by   a
 3    pharmacist's  designee  within  a pharmacy or drugstore while
 4    the pharmacist is on duty and the pharmacy is open.
 5        (n)  "Mail-order  pharmacy"  means  a  pharmacy  that  is
 6    located in a state of the United States, other than Illinois,
 7    or  a  province  of  Canada  that  delivers,   dispenses   or
 8    distributes,  through  the  United  States  Postal Service or
 9    other common carrier, to Illinois  residents,  any  substance
10    which requires a prescription.
11        (o)  "Compounding"   means   the   preparation,   mixing,
12    assembling,  packaging,  or  labeling  of  a  drug or medical
13    device: (1) as the result of  a  practitioner's  prescription
14    drug  order  or  initiative  that  is dispensed pursuant to a
15    prescription in the course of professional practice;  or  (2)
16    for  the  purpose  of, or incident to, research, teaching, or
17    chemical analysis; or (3)  in  anticipation  of  prescription
18    drug  orders based on routine, regularly observed prescribing
19    patterns.
20        (p)  "Confidential   information"   means    information,
21    maintained  by  the  pharmacist  in  the  patient's  records,
22    released  only (i) to the patient or, as the patient directs,
23    to other practitioners and other pharmacists or (ii)  to  any
24    other person authorized by law to receive the information.
25        (q)  "Prospective   drug  review"  or  "drug  utilization
26    evaluation" means a  screening  for  potential  drug  therapy
27    problems   due   to   therapeutic  duplication,  drug-disease
28    contraindications, drug-drug interactions (including  serious
29    interactions with nonprescription or over-the-counter drugs),
30    drug-food  interactions, incorrect drug dosage or duration of
31    drug treatment, drug-allergy interactions, and clinical abuse
32    or misuse.
33        (r)  "Patient counseling" means the communication between
34    a  pharmacist  or  a  student  pharmacist  under  the  direct
 
                            -11-     LRB093 07965 AMC 11678 b
 1    supervision of a pharmacist and a patient  or  the  patient's
 2    representative  about  the patient's medication or device for
 3    the  purpose  of  optimizing  proper  use   of   prescription
 4    medications   or  devices.   The  offer  to  counsel  by  the
 5    pharmacist  or  the  pharmacist's  designee,  and  subsequent
 6    patient counseling by the pharmacist or  student  pharmacist,
 7    shall  be  made  in  a  face-to-face  communication  with the
 8    patient  or   patient's   representative   unless,   in   the
 9    professional  judgment  of  the  pharmacist,  a  face-to-face
10    communication  is  deemed  inappropriate  or unnecessary.  In
11    that instance, the offer to counsel or patient counseling may
12    be made in a written communication, by  telephone,  or  in  a
13    manner determined by the pharmacist to be appropriate.
14        (s)  "Patient  profiles" or "patient drug therapy record"
15    means the obtaining, recording, and  maintenance  of  patient
16    prescription and personal information.
17        (t)  "Pharmaceutical  care"  includes, but is not limited
18    to, the act of monitoring drug use  and  other  patient  care
19    services  intended  to  achieve  outcomes  that  improve  the
20    patient's  quality  of life but shall not include the sale of
21    over-the-counter drugs by a seller of goods and services  who
22    does not dispense prescription drugs.
23        (u)  "Medical  device"  means  an  instrument, apparatus,
24    implement, machine, contrivance, implant, in  vitro  reagent,
25    or  other similar or related article, including any component
26    part or accessory, required under federal  law  to  bear  the
27    label  "Caution: Federal law requires dispensing by or on the
28    order of a physician". A seller of goods  and  services  who,
29    only  for  the  purpose  of  retail  sales, compounds, sells,
30    rents, or  leases  medical  devices  shall  not,  by  reasons
31    thereof, be required to be a licensed pharmacy.
32        (v)  "Unique  identifier"  means an electronic signature,
33    handwritten signature or  initials,  thumb  print,  or  other
34    acceptable  individual biometric or electronic identification
 
                            -12-     LRB093 07965 AMC 11678 b
 1    process as approved by the Department.
 2    (Source: P.A. 92-880, eff. 1-1-04.)

 3        (225 ILCS 85/16a) (from Ch. 111, par. 4136a)
 4        (Section scheduled to be repealed on January 1, 2008)
 5        Sec. 16a. (a) The Department shall  establish  rules  and
 6    regulations,  consistent  with  the  provisions  of this Act,
 7    governing   mail-order   pharmacies,   including   pharmacies
 8    providing services via the Internet, which sell, or offer for
 9    sale, drugs, medicines, or other pharmaceutical  services  in
10    this State.
11        (b)  The  Board  shall  require and provide for an annual
12    nonresident special pharmacy registration for all  pharmacies
13    in  another  state  of  the United States or in a province of
14    Canada  located  outside  of   this   State   that   dispense
15    medications for Illinois residents and mail, ship, or deliver
16    prescription medications into this State. Nonresident special
17    pharmacy  registration shall be granted by the Board upon the
18    disclosure and certification by a pharmacy:
19             (1)  that it  is  licensed  in  the  U.S.  state  or
20        province  of  Canada  in which the dispensing facility is
21        located and from which the drugs are dispensed;
22             (2)  of the  location,  names,  and  titles  of  all
23        principal  corporate officers and all pharmacists who are
24        dispensing drugs to residents of this State;
25             (3)  that it complies with all lawful directions and
26        requests for information from the board  of  pharmacy  of
27        each  state in which it is licensed or registered, except
28        that it shall respond directly to all communications from
29        the Board concerning emergency circumstances arising from
30        the dispensing of drugs to residents of this State;
31             (4)  that  it  maintains  its   records   of   drugs
32        dispensed  to residents of this State so that the records
33        are readily retrievable from the records of  other  drugs
 
                            -13-     LRB093 07965 AMC 11678 b
 1        dispensed;
 2             (5)  that  it cooperates with the Board in providing
 3        information to the board of pharmacy of the U.S. state or
 4        province of Canada in which  it  is  licensed  concerning
 5        matters  related  to the dispensing of drugs to residents
 6        of this State; and
 7             (6)  that during its regular hours of operation, but
 8        not less than 6 days per week, for a minimum of 40  hours
 9        per  week,  a  toll-free telephone service is provided to
10        facilitate communication between patients in  this  State
11        and  a  pharmacist  at the pharmacy who has access to the
12        patients' records. The toll-free number must be disclosed
13        on the label affixed to each container of drugs dispensed
14        to residents of this State.
15    (Source: P.A. 91-438, eff. 1-1-00.)

16        Section 95.  No acceleration or delay.   Where  this  Act
17    makes changes in a statute that is represented in this Act by
18    text  that  is not yet or no longer in effect (for example, a
19    Section represented by multiple versions), the  use  of  that
20    text  does  not  accelerate or delay the taking effect of (i)
21    the changes made by this Act or (ii) provisions derived  from
22    any other Public Act.

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.