SB2028eng 95TH GENERAL ASSEMBLY

SB2028 Engrossed LRB095 18963 RAS 45132 b

AN ACT concerning regulation.

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

Section 5. The Pharmacy Practice Act is amended by changing Section 12 as follows:

(225 ILCS 85/12) (from Ch. 111, par. 4132)

(Section scheduled to be repealed on January 1, 2018)

Sec. 12. Expiration of license or certificate of registration; renewal; military service. The expiration date and renewal period for each license and certificate of registration issued under this Act shall be set by rule.

As a condition for the renewal of a certificate of registration as a pharmacist license, the licensee registrant shall provide evidence to the Department of completion of a total of 30 hours of pharmacy continuing education during the 24 months preceding the expiration date of the license certificate. Such continuing education shall be approved by the Accreditation Council on Pharmacy Education.

The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by licensees or registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records or by other means established by the Department.

Rules developed under this Section may provide for a reasonable biennial fee, not to exceed $20, to fund the cost of such recordkeeping. The Department shall, by rule, further provide an orderly process for the reinstatement of licenses or certificates which have not been renewed due to the failure to meet the continuing education requirements of this Section. The requirements of continuing education may be waived, in whole or in part, in cases of extreme hardship as defined by rule of the Department. Such waivers shall be granted for not more than one of any 3 consecutive renewal periods.

Any pharmacist or pharmacy technician who has permitted his or her license or certificate to expire or who has had his or her license or certificate on inactive status may have his or her license or certificate restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, and by paying the required restoration fee. The Department shall determine, by an evaluation program established by rule his or her fitness for restoration of his or her license and shall establish procedures and requirements for such restoration. However, any pharmacist who demonstrates that he or she has continuously maintained active practice in another jurisdiction pursuant to a license in good standing, and who has substantially complied with the continuing education requirements of this Section shall not be subject to further evaluation for purposes of this Section.

Any licensee or registrant who shall engage in the practice for which his or her license or certificate was issued while the license or certificate is expired or on inactive status shall be considered to be practicing without a license or certificate, which, shall be grounds for discipline under Section 30 of this Act.

Any pharmacy operating on an expired license is engaged in the unlawful practice of pharmacy and is subject to discipline under Section 30 of this Act. A pharmacy whose license has been expired for one year or more may not have its license restored but must apply for a new license and meet all requirements for licensure. Any pharmacy whose license has been expired for less than one year may apply for restoration of its license and shall have its license restored.

However, any pharmacist or pharmacy technician whose license or certificate expired while he or she was (l) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license or certificate restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training or education he or she furnishes the Department with satisfactory evidence to the effect that he or she has been so engaged and that his or her service, training or education has been so terminated.

(Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 120/24 rep.)

Section 10. The Wholesale Drug Distribution Licensing Act is amended by repealing Section 24.

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