Illinois General Assembly - Full Text of HB3462
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Full Text of HB3462  100th General Assembly




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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 changing
5Sections 4.28 and 4.30 as follows:
6    (5 ILCS 80/4.28)
7    Sec. 4.28. Acts repealed on January 1, 2018. The following
8Acts are repealed on January 1, 2018:
9    The Illinois Petroleum Education and Marketing Act.
10    The Podiatric Medical Practice Act of 1987.
11    The Acupuncture Practice Act.
12    The Illinois Speech-Language Pathology and Audiology
13Practice Act.
14    The Interpreter for the Deaf Licensure Act of 2007.
15    The Nurse Practice Act.
16    The Clinical Social Work and Social Work Practice Act.
17    The Pharmacy Practice Act.
18    The Home Medical Equipment and Services Provider License
20    The Marriage and Family Therapy Licensing Act.
21    The Nursing Home Administrators Licensing and Disciplinary
23    The Physician Assistant Practice Act of 1987.



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1(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
295-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
39-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
4eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
596-328, eff. 8-11-09.)
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Land Sales Registration Act of 1999.
16    The Orthotics, Prosthetics, and Pedorthics Practice Act.
17    The Perfusionist Practice Act.
18    The Pharmacy Practice Act.
19    The Professional Engineering Practice Act of 1989.
20    The Real Estate License Act of 2000.
21    The Structural Engineering Practice Act of 1989.
22(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
2396-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
248-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;
2596-1000, eff. 7-2-10.)



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1    Section 10. The Pharmacy Practice Act is amended by
2changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16,
316a, 17, 17.1, 18, 19, 20, 22, 25.10, 25.15, 27, 28, 30, 30.5,
432, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12, 35.13,
535.14, 35.15, 35.16, 35.18, and 36 and by adding Sections 3.5,
64.5, 35.20, and 35.21 as follows:
7    (225 ILCS 85/3)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 3. Definitions. For the purpose of this Act, except
10where otherwise limited therein:
11    (a) "Pharmacy" or "drugstore" means and includes every
12store, shop, pharmacy department, or other place where
13pharmacist care is provided by a pharmacist (1) where drugs,
14medicines, or poisons are dispensed, sold or offered for sale
15at retail, or displayed for sale at retail; or (2) where
16prescriptions of physicians, dentists, advanced practice
17nurses, physician assistants, veterinarians, podiatric
18physicians, or optometrists, within the limits of their
19licenses, are compounded, filled, or dispensed; or (3) which
20has upon it or displayed within it, or affixed to or used in
21connection with it, a sign bearing the word or words
22"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
23"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
24"Drugs", "Dispensary", "Medicines", or any word or words of



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1similar or like import, either in the English language or any
2other language; or (4) where the characteristic prescription
3sign (Rx) or similar design is exhibited; or (5) any store, or
4shop, or other place with respect to which any of the above
5words, objects, signs or designs are used in any advertisement.
6    (b) "Drugs" means and includes (1) articles recognized in
7the official United States Pharmacopoeia/National Formulary
8(USP/NF), or any supplement thereto and being intended for and
9having for their main use the diagnosis, cure, mitigation,
10treatment or prevention of disease in man or other animals, as
11approved by the United States Food and Drug Administration, but
12does not include devices or their components, parts, or
13accessories; and (2) all other articles intended for and having
14for their main use the diagnosis, cure, mitigation, treatment
15or prevention of disease in man or other animals, as approved
16by the United States Food and Drug Administration, but does not
17include devices or their components, parts, or accessories; and
18(3) articles (other than food) having for their main use and
19intended to affect the structure or any function of the body of
20man or other animals; and (4) articles having for their main
21use and intended for use as a component or any articles
22specified in clause (1), (2) or (3); but does not include
23devices or their components, parts or accessories.
24    (c) "Medicines" means and includes all drugs intended for
25human or veterinary use approved by the United States Food and
26Drug Administration.



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1    (d) "Practice of pharmacy" means (1) the interpretation and
2the provision of assistance in the monitoring, evaluation, and
3implementation of prescription drug orders; (2) the dispensing
4of prescription drug orders; (3) participation in drug and
5device selection; (4) drug administration limited to the
6administration of oral, topical, injectable, and inhalation as
7follows: in the context of patient education on the proper use
8or delivery of medications; vaccination of patients 14 years of
9age and older pursuant to a valid prescription or standing
10order, by a physician licensed to practice medicine in all its
11branches, upon completion of appropriate training, including
12how to address contraindications and adverse reactions set
13forth by rule, with notification to the patient's physician and
14appropriate record retention, or pursuant to hospital pharmacy
15and therapeutics committee policies and procedures; (5)
16vaccination of patients ages 10 through 13 limited to the
17Influenza (inactivated influenza vaccine and live attenuated
18influenza intranasal vaccine) and Tdap (defined as tetanus,
19diphtheria, acellular pertussis) vaccines, pursuant to a valid
20prescription or standing order, by a physician licensed to
21practice medicine in all its branches, upon completion of
22appropriate training, including how to address
23contraindications and adverse reactions set forth by rule, with
24notification to the patient's physician and appropriate record
25retention, or pursuant to hospital pharmacy and therapeutics
26committee policies and procedures; (6) drug regimen review; (7)



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1drug or drug-related research; (8) the provision of patient
2counseling; (9) the practice of telepharmacy; (10) the
3provision of those acts or services necessary to provide
4pharmacist care; (11) medication therapy management; and (12)
5the responsibility for compounding and labeling of drugs and
6devices (except labeling by a manufacturer, repackager, or
7distributor of non-prescription drugs and commercially
8packaged legend drugs and devices), proper and safe storage of
9drugs and devices, and maintenance of required records. A
10pharmacist who performs any of the acts defined as the practice
11of pharmacy in this State must be actively licensed as a
12pharmacist under this Act.
13    (e) "Prescription" means and includes any written, oral,
14facsimile, or electronically transmitted order for drugs or
15medical devices, issued by a physician licensed to practice
16medicine in all its branches, dentist, veterinarian, podiatric
17physician, or optometrist, within the limits of their licenses,
18by a physician assistant in accordance with subsection (f) of
19Section 4, or by an advanced practice nurse in accordance with
20subsection (g) of Section 4, containing the following: (1) name
21of the patient; (2) date when prescription was issued; (3) name
22and strength of drug or description of the medical device
23prescribed; and (4) quantity; (5) directions for use; (6)
24prescriber's name, address, and signature; and (7) DEA
25registration number where required, for controlled substances.
26The prescription may, but is not required to, list the illness,



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1disease, or condition for which the drug or device is being
2prescribed. DEA registration numbers shall not be required on
3inpatient drug orders.
4    (f) "Person" means and includes a natural person,
5partnership copartnership, association, corporation,
6government entity, or any other legal entity.
7    (g) "Department" means the Department of Financial and
8Professional Regulation.
9    (h) "Board of Pharmacy" or "Board" means the State Board of
10Pharmacy of the Department of Financial and Professional
12    (i) "Secretary" means the Secretary of Financial and
13Professional Regulation.
14    (j) "Drug product selection" means the interchange for a
15prescribed pharmaceutical product in accordance with Section
1625 of this Act and Section 3.14 of the Illinois Food, Drug and
17Cosmetic Act.
18    (k) "Inpatient drug order" means an order issued by an
19authorized prescriber for a resident or patient of a facility
20licensed under the Nursing Home Care Act, the ID/DD Community
21Care Act, the MC/DD Act, the Specialized Mental Health
22Rehabilitation Act of 2013, or the Hospital Licensing Act, or
23"An Act in relation to the founding and operation of the
24University of Illinois Hospital and the conduct of University
25of Illinois health care programs", approved July 3, 1931, as
26amended, or a facility which is operated by the Department of



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1Human Services (as successor to the Department of Mental Health
2and Developmental Disabilities) or the Department of
4    (k-5) "Pharmacist" means an individual health care
5professional and provider currently licensed by this State to
6engage in the practice of pharmacy.
7    (l) "Pharmacist in charge" means the licensed pharmacist
8whose name appears on a pharmacy license and who is responsible
9for all aspects of the operation related to the practice of
11    (m) "Dispense" or "dispensing" means the interpretation,
12evaluation, and implementation of a prescription drug order,
13including the preparation and delivery of a drug or device to a
14patient or patient's agent in a suitable container
15appropriately labeled for subsequent administration to or use
16by a patient in accordance with applicable State and federal
17laws and regulations. "Dispense" or "dispensing" does not mean
18the physical delivery to a patient or a patient's
19representative in a home or institution by a designee of a
20pharmacist or by common carrier. "Dispense" or "dispensing"
21also does not mean the physical delivery of a drug or medical
22device to a patient or patient's representative by a
23pharmacist's designee within a pharmacy or drugstore while the
24pharmacist is on duty and the pharmacy is open.
25    (n) "Nonresident pharmacy" means a pharmacy that is located
26in a state, commonwealth, or territory of the United States,



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1other than Illinois, that delivers, dispenses, or distributes,
2through the United States Postal Service, commercially
3acceptable parcel delivery service, or other common carrier, to
4Illinois residents, any substance which requires a
6    (o) "Compounding" means the preparation and mixing of
7components, excluding flavorings, (1) as the result of a
8prescriber's prescription drug order or initiative based on the
9prescriber-patient-pharmacist relationship in the course of
10professional practice or (2) for the purpose of, or incident
11to, research, teaching, or chemical analysis and not for sale
12or dispensing. "Compounding" includes the preparation of drugs
13or devices in anticipation of receiving prescription drug
14orders based on routine, regularly observed dispensing
15patterns. Commercially available products may be compounded
16for dispensing to individual patients only if all of the
17following conditions are met: (i) the commercial product is not
18reasonably available from normal distribution channels in a
19timely manner to meet the patient's needs and (ii) the
20prescribing practitioner has requested that the drug be
22    (p) (Blank).
23    (q) (Blank).
24    (r) "Patient counseling" means the communication between a
25pharmacist or a student pharmacist under the supervision of a
26pharmacist and a patient or the patient's representative about



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1the patient's medication or device for the purpose of
2optimizing proper use of prescription medications or devices.
3"Patient counseling" may include without limitation (1)
4obtaining a medication history; (2) acquiring a patient's
5allergies and health conditions; (3) facilitation of the
6patient's understanding of the intended use of the medication;
7(4) proper directions for use; (5) significant potential
8adverse events; (6) potential food-drug interactions; and (7)
9the need to be compliant with the medication therapy. A
10pharmacy technician may only participate in the following
11aspects of patient counseling under the supervision of a
12pharmacist: (1) obtaining medication history; (2) providing
13the offer for counseling by a pharmacist or student pharmacist;
14and (3) acquiring a patient's allergies and health conditions.
15    (s) "Patient profiles" or "patient drug therapy record"
16means the obtaining, recording, and maintenance of patient
17prescription information, including prescriptions for
18controlled substances, and personal information.
19    (t) (Blank).
20    (u) "Medical device" or "device" means an instrument,
21apparatus, implement, machine, contrivance, implant, in vitro
22reagent, or other similar or related article, including any
23component part or accessory, required under federal law to bear
24the label "Caution: Federal law requires dispensing by or on
25the order of a physician". A seller of goods and services who,
26only for the purpose of retail sales, compounds, sells, rents,



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1or leases medical devices shall not, by reasons thereof, be
2required to be a licensed pharmacy.
3    (v) "Unique identifier" means an electronic signature,
4handwritten signature or initials, thumb print, or other
5acceptable biometric or electronic identification process as
6approved by the Department.
7    (w) "Current usual and customary retail price" means the
8price that a pharmacy charges to a non-third-party payor.
9    (x) "Automated pharmacy system" means a mechanical system
10located within the confines of the pharmacy or remote location
11that performs operations or activities, other than compounding
12or administration, relative to storage, packaging, dispensing,
13or distribution of medication, and which collects, controls,
14and maintains all transaction information.
15    (y) "Drug regimen review" means and includes the evaluation
16of prescription drug orders and patient records for (1) known
17allergies; (2) drug or potential therapy contraindications;
18(3) reasonable dose, duration of use, and route of
19administration, taking into consideration factors such as age,
20gender, and contraindications; (4) reasonable directions for
21use; (5) potential or actual adverse drug reactions; (6)
22drug-drug interactions; (7) drug-food interactions; (8)
23drug-disease contraindications; (9) therapeutic duplication;
24(10) patient laboratory values when authorized and available;
25(11) proper utilization (including over or under utilization)
26and optimum therapeutic outcomes; and (12) abuse and misuse.



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1    (z) "Electronically transmitted Electronic transmission
2prescription" means a prescription that is created, recorded,
3or stored by electronic means; issued and validated with an
4electronic signature; and transmitted by electronic means
5directly from the prescriber to a pharmacy. An electronic
6prescription is not an image of a physical prescription that is
7transferred by electronic means from computer to computer,
8facsimile to facsimile, or facsimile to computer any
9prescription order for which a facsimile or electronic image of
10the order is electronically transmitted from a licensed
11prescriber to a pharmacy. "Electronic transmission
12prescription" includes both data and image prescriptions.
13    (aa) "Medication therapy management services" means a
14distinct service or group of services offered by licensed
15pharmacists, physicians licensed to practice medicine in all
16its branches, advanced practice nurses authorized in a written
17agreement with a physician licensed to practice medicine in all
18its branches, or physician assistants authorized in guidelines
19by a supervising physician that optimize therapeutic outcomes
20for individual patients through improved medication use. In a
21retail or other non-hospital pharmacy, medication therapy
22management services shall consist of the evaluation of
23prescription drug orders and patient medication records to
24resolve conflicts with the following:
25        (1) known allergies;
26        (2) drug or potential therapy contraindications;



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1        (3) reasonable dose, duration of use, and route of
2    administration, taking into consideration factors such as
3    age, gender, and contraindications;
4        (4) reasonable directions for use;
5        (5) potential or actual adverse drug reactions;
6        (6) drug-drug interactions;
7        (7) drug-food interactions;
8        (8) drug-disease contraindications;
9        (9) identification of therapeutic duplication;
10        (10) patient laboratory values when authorized and
11    available;
12        (11) proper utilization (including over or under
13    utilization) and optimum therapeutic outcomes; and
14        (12) drug abuse and misuse.
15    "Medication therapy management services" includes the
17        (1) documenting the services delivered and
18    communicating the information provided to patients'
19    prescribers within an appropriate time frame, not to exceed
20    48 hours;
21        (2) providing patient counseling designed to enhance a
22    patient's understanding and the appropriate use of his or
23    her medications; and
24        (3) providing information, support services, and
25    resources designed to enhance a patient's adherence with
26    his or her prescribed therapeutic regimens.



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1    "Medication therapy management services" may also include
2patient care functions authorized by a physician licensed to
3practice medicine in all its branches for his or her identified
4patient or groups of patients under specified conditions or
5limitations in a standing order from the physician.
6    "Medication therapy management services" in a licensed
7hospital may also include the following:
8        (1) reviewing assessments of the patient's health
9    status; and
10        (2) following protocols of a hospital pharmacy and
11    therapeutics committee with respect to the fulfillment of
12    medication orders.
13    (bb) "Pharmacist care" means the provision by a pharmacist
14of medication therapy management services, with or without the
15dispensing of drugs or devices, intended to achieve outcomes
16that improve patient health, quality of life, and comfort and
17enhance patient safety.
18    (cc) "Protected health information" means individually
19identifiable health information that, except as otherwise
20provided, is:
21        (1) transmitted by electronic media;
22        (2) maintained in any medium set forth in the
23    definition of "electronic media" in the federal Health
24    Insurance Portability and Accountability Act; or
25        (3) transmitted or maintained in any other form or
26    medium.



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1    "Protected health information" does not include
2individually identifiable health information found in:
3        (1) education records covered by the federal Family
4    Educational Right and Privacy Act; or
5        (2) employment records held by a licensee in its role
6    as an employer.
7    (dd) "Standing order" means a specific order for a patient
8or group of patients issued by a physician licensed to practice
9medicine in all its branches in Illinois.
10    (ee) "Address of record" means the designated address
11recorded by the Department in the applicant's application file
12or licensee's license file maintained by the Department's
13licensure maintenance unit. address recorded by the Department
14in the applicant's or licensee's application file or license
15file, as maintained by the Department's licensure maintenance
17    (ff) "Home pharmacy" means the location of a pharmacy's
18primary operations.
19    (gg) "Email address of record" means the designated email
20address recorded by the Department in the applicant's
21application file or the licensee's license file, as maintained
22by the Department's licensure maintenance unit.
23(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
2498-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
25    (225 ILCS 85/3.5 new)



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1    Sec. 3.5. Address of record; email address of record. All
2applicants and licensees shall:
3        (1) provide a valid address and email address to the
4    Department, which shall serve as the address of record and
5    email address of record, respectively, at the time of
6    application for licensure or renewal of a license; and
7        (2) inform the Department of any change of address of
8    record or email address of record within 14 days after such
9    change either through the Department's website or by
10    contacting the Department's licensure maintenance unit.
11    (225 ILCS 85/4.5 new)
12    Sec. 4.5. The Collaborative Pharmaceutical Task Force. In
13order to protect the public and provide quality pharmaceutical
14care, the Collaborative Pharmaceutical Task Force is
15established. The Task Force shall discuss how to further
16advance the practice of pharmacy in a manner that recognizes
17the needs of the healthcare system, patients, pharmacies,
18pharmacists, and pharmacy technicians. As a part of its
19discussions, the Task Force shall consider, at a minimum, the
21        (1) the extent to which providing whistleblower
22    protections for pharmacists and pharmacy technicians
23    reporting violation of worker policies and requiring
24    pharmacies to have at least one pharmacy technician on duty
25    whenever the practice of pharmacy is conducted, to set a



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1    prescription filling limit of not more than 10
2    prescriptions filled per hour, to mandate at least 10
3    pharmacy technician hours per 100 prescriptions filled, to
4    place a general prohibition on activities that distract
5    pharmacists, to provide a pharmacist a minimum of 2
6    15-minute paid rest breaks and one 30-minute meal period in
7    each workday on which the pharmacist works at least 7
8    hours, to not require a pharmacist to work during a break
9    period, to pay to the pharmacist 3 times the pharmacist's
10    regular hourly rate of pay for each workday during which
11    the required breaks were not provided, to make available at
12    all times a room on the pharmacy's premises with adequate
13    seating and tables for the purpose of allowing a pharmacist
14    to enjoy break periods in a clean and comfortable
15    environment, to keep a complete and accurate record of the
16    break periods of its pharmacists, to limit a pharmacist
17    from working more than 8 hours a workday, and to retain
18    records of any errors in the receiving, filling, or
19    dispensing of prescriptions of any kind could be integrated
20    into the Pharmacy Practice Act; and
21        (2) the extent to which requiring the Department to
22    adopt rules requiring pharmacy prescription systems
23    contain mechanisms to require prescription discontinuation
24    orders to be forwarded to a pharmacy, to require patient
25    verification features for pharmacy automated prescription
26    refills, and to require that automated prescription



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1    refills notices clearly communicate to patients the
2    medication name, dosage strength, and any other
3    information required by the Department governing the use of
4    automated dispensing and storage systems to ensure that
5    discontinued medications are not dispensed to a patient by
6    a pharmacist or by any automatic refill dispensing systems
7    whether prescribed through electronic prescriptions or
8    paper prescriptions may be integrated into the Pharmacy
9    Practice Act to better protect the public.
10    In developing standards related to its discussions, the
11Collaborative Pharmaceutical Task Force shall consider the
12extent to which Public Act 99-473 (enhancing continuing
13education requirements for pharmacy technicians) and Public
14Act 99-863 (enhancing reporting requirements to the Department
15of pharmacy employee terminations) may be relevant to the
16issues listed in paragraphs (1) and (2).
17    The voting members of the Collaborative Pharmaceutical
18Task Force shall be appointed as follows:
19        (1) the Speaker of the House of Representatives, or his
20    or her designee, shall appoint: a representative of a
21    statewide organization exclusively representing retailers,
22    including pharmacies; and a retired licensed pharmacist
23    who has previously served on the Board of Pharmacy and on
24    the executive committee of a national association
25    representing pharmacists and who shall serve as the
26    chairperson of the Collaborative Pharmaceutical Task



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1    Force;
2        (2) the President of the Senate, or his or her
3    designee, shall appoint: a representative of a statewide
4    organization representing pharmacists; and a
5    representative of a statewide organization representing
6    unionized pharmacy employees;
7        (3) the Minority Leader of the House of
8    Representatives, or his or her designee, shall appoint: a
9    representative of a statewide organization representing
10    physicians licensed to practice medicine in all its
11    branches in Illinois; and a representative of a statewide
12    professional association representing pharmacists,
13    pharmacy technicians, pharmacy students, and others
14    working in or with an interest in hospital and
15    health-system pharmacy; and
16        (4) the Minority Leader of the Senate, or his or her
17    designee, shall appoint: a representative of a statewide
18    organization representing hospitals; and a representative
19    of a statewide association exclusively representing
20    long-term care pharmacists.
21    The Secretary, or his or her designee, shall appoint the
22following non-voting members of the Task Force: a
23representative of the University of Illinois at Chicago College
24of Pharmacy; a clinical pharmacist who has done extensive study
25in pharmacy e-prescribing and e-discontinuation; and a
26representative of the Department.



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1    The Department shall provide administrative support to the
2Collaborative Pharmaceutical Task Force. The Collaborative
3Pharmaceutical Task Force shall meet at least monthly at the
4call of the chairperson.
5    No later than September 1, 2019, the voting members of the
6Collaborative Pharmaceutical Task Force shall vote on
7recommendations concerning the standards in paragraphs (1) and
8(2) of this Section.
9    No later than November 1, 2019, the Department, in direct
10consultation with the Collaborative Pharmaceutical Task Force,
11shall propose rules for adoption that are consistent with the
12Collaborative Pharmaceutical Task Force's recommendations, or
13recommend legislation to the General Assembly, concerning the
14standards in paragraphs (1) and (2) of this Section.
15    This Section is repealed on November 1, 2020.
16    (225 ILCS 85/5.5)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 5.5. Unlicensed practice; violation; civil penalty.
19    (a) Any person who practices, offers to practice, attempts
20to practice, or holds oneself out to practice pharmacy without
21being licensed under this Act shall, in addition to any other
22penalty provided by law, pay a civil penalty to the Department
23in an amount not to exceed $10,000 $5,000 for each offense as
24determined by the Department. The civil penalty shall be
25assessed by the Department after a hearing is held in



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1accordance with the provisions set forth in this Act regarding
2the provision of a hearing for the discipline of a licensee.
3    (b) The Department has the authority and power to
4investigate any and all unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty. The
7order shall constitute a judgment and may be filed and
8execution had thereon in the same manner as any judgment from
9any court of record.
10(Source: P.A. 89-474, eff. 6-18-96.)
11    (225 ILCS 85/7)  (from Ch. 111, par. 4127)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 7. Application; examination. Applications for
14original licenses shall be made to the Department in writing or
15electronically on forms prescribed by the Department and shall
16be accompanied by the required fee, which shall not be
17refundable. Any such application shall require such
18information as in the judgment of the Department will enable
19the Board and Department to pass on the qualifications of the
20applicant for a license.
21    The Department shall authorize examinations of applicants
22as pharmacists not less than 3 times per year at such times and
23places as it may determine. The examination of applicants shall
24be of a character to give a fair test of the qualifications of
25the applicant to practice pharmacy.



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1    Applicants for examination as pharmacists shall be
2required to pay, either to the Department or the designated
3testing service, a fee covering the cost of providing the
4examination. Failure to appear for the examination on the
5scheduled date, at the time and place specified, after the
6applicant's application for examination has been received and
7acknowledged by the Department or the designated testing
8service, shall result in the forfeiture of the examination fee.
9The examination shall be developed and provided by the National
10Association of Boards of Pharmacy.
11    If an applicant neglects, fails or refuses to take an
12examination or fails to pass an examination for a license under
13this Act within 3 years after filing his application, the
14application is denied. However, such applicant may thereafter
15make a new application accompanied by the required fee and show
16evidence of meeting the requirements in force at the time of
17the new application.
18    The Department shall notify applicants taking the
19examination of their results within 7 weeks of the examination
20date. Further, the Department shall have the authority to
21immediately authorize such applicants who successfully pass
22the examination to engage in the practice of pharmacy.
23    An applicant shall have one year from the date of
24notification of successful completion of the examination to
25apply to the Department for a license. If an applicant fails to
26make such application within one year the applicant shall be



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1required to again take and pass the examination.
2    An applicant who has graduated with a professional degree
3from a school of pharmacy located outside of the United States
4must do the following:
5        (1) obtain a Foreign Pharmacy Graduate Examination
6    Committee (FPGEC) Certificate;
7        (2) complete 1,200 hours of clinical training and
8    experience, as defined by rule, in the United States or its
9    territories; and
10        (3) successfully complete the licensing requirements
11    set forth in Section 6 of this Act, as well as those
12    adopted by the Department by rule.
13    The Department may employ consultants for the purpose of
14preparing and conducting examinations.
15(Source: P.A. 95-689, eff. 10-29-07.)
16    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
17    (Section scheduled to be repealed on January 1, 2018)
18    Sec. 9. Licensure Registration as registered pharmacy
20    (a) Any person shall be entitled to licensure registration
21as a registered pharmacy technician who is of the age of 16 or
22over, has not engaged in conduct or behavior determined to be
23grounds for discipline under this Act, is attending or has
24graduated from an accredited high school or comparable school
25or educational institution or received a high school



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1equivalency certificate, and has filed a written or electronic
2application for licensure registration on a form to be
3prescribed and furnished by the Department for that purpose.
4The Department shall issue a license certificate of
5registration as a registered pharmacy technician to any
6applicant who has qualified as aforesaid, and such license
7registration shall be the sole authority required to assist
8licensed pharmacists in the practice of pharmacy, under the
9supervision of a licensed pharmacist. A registered pharmacy
10technician may, under the supervision of a pharmacist, assist
11in the practice of pharmacy and perform such functions as
12assisting in the dispensing process, offering counseling,
13receiving new verbal prescription orders, and having
14prescriber contact concerning prescription drug order
15clarification. A registered pharmacy technician may not engage
16in patient counseling, drug regimen review, or clinical
17conflict resolution.
18    (b) Beginning on January 1, 2017, within 2 years after
19initial licensure registration as a registered pharmacy
20technician, the licensee registrant must meet the requirements
21described in Section 9.5 of this Act and become licensed
22register as a registered certified pharmacy technician. If the
23licensee registrant has not yet attained the age of 18, then
24upon the next renewal as a registered pharmacy technician, the
25licensee registrant must meet the requirements described in
26Section 9.5 of this Act and become licensed register as a



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1registered certified pharmacy technician. This requirement
2does not apply to pharmacy technicians registered prior to
3January 1, 2008.
4    (c) Any person registered as a pharmacy technician who is
5also enrolled in a first professional degree program in
6pharmacy in a school or college of pharmacy or a department of
7pharmacy of a university approved by the Department or has
8graduated from such a program within the last 18 months, shall
9be considered a "student pharmacist" and entitled to use the
10title "student pharmacist". A student pharmacist must meet all
11of the requirements for licensure registration as a registered
12pharmacy technician set forth in this Section excluding the
13requirement of certification prior to the second license
14registration renewal and pay the required registered pharmacy
15technician license registration fees. A student pharmacist
16may, under the supervision of a pharmacist, assist in the
17practice of pharmacy and perform any and all functions
18delegated to him or her by the pharmacist.
19    (d) Any person seeking licensure as a pharmacist who has
20graduated from a pharmacy program outside the United States
21must register as a pharmacy technician and shall be considered
22a "student pharmacist" and be entitled to use the title
23"student pharmacist" while completing the 1,200 clinical hours
24of training approved by the Board of Pharmacy described and for
25no more than 18 months after completion of these hours. These
26individuals are not required to become registered certified



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1pharmacy technicians while completing their Board approved
2clinical training, but must become licensed as a pharmacist or
3become licensed as a registered certified pharmacy technician
4before the second pharmacy technician license registration
5renewal following completion of the Board approved clinical
7    (e) The Department shall not renew the registered pharmacy
8technician license of any person who has been licensed
9registered as a registered pharmacy technician with the
10designation "student pharmacist" who: (1) and has dropped out
11of or been expelled from an ACPE accredited college of
12pharmacy; (2) , who has failed to complete his or her 1,200
13hours of Board approved clinical training within 24 months; or
14(3) who has failed the pharmacist licensure examination 3
15times. The Department and shall require these individuals to
16meet the requirements of and become licensed registered as a
17registered certified pharmacy technician.
18    (f) The Department may take any action set forth in Section
1930 of this Act with regard to a license registrations pursuant
20to this Section.
21    (g) Any person who is enrolled in a non-traditional
22Pharm.D. program at an ACPE accredited college of pharmacy and
23is a licensed as a registered pharmacist under the laws of
24another United States jurisdiction shall be permitted to engage
25in the program of practice experience required in the academic
26program by virtue of such license. Such person shall be exempt



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1from the requirement of licensure registration as a registered
2pharmacy technician or registered certified pharmacy
3technician while engaged in the program of practice experience
4required in the academic program.
5    An applicant for licensure registration as a registered
6pharmacy technician may assist a pharmacist in the practice of
7pharmacy for a period of up to 60 days prior to the issuance of
8a license certificate of registration if the applicant has
9submitted the required fee and an application for licensure
10registration to the Department. The applicant shall keep a copy
11of the submitted application on the premises where the
12applicant is assisting in the practice of pharmacy. The
13Department shall forward confirmation of receipt of the
14application with start and expiration dates of practice pending
15licensure registration.
16(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)
17    (225 ILCS 85/9.5)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 9.5. Registered certified pharmacy technician.
20    (a) An individual licensed registered as a registered
21pharmacy technician under this Act may be licensed registered
22as a registered certified pharmacy technician, if he or she
23meets all of the following requirements:
24        (1) He or she has submitted a written application in
25    the form and manner prescribed by the Department.



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1        (2) He or she has attained the age of 18.
2        (3) He or she is of good moral character, as determined
3    by the Department.
4        (4) He or she has (i) graduated from pharmacy
5    technician training meeting the requirements set forth in
6    subsection (a) of Section 17.1 of this Act or (ii) obtained
7    documentation from the pharmacist-in-charge of the
8    pharmacy where the applicant is employed verifying that he
9    or she has successfully completed a training program and
10    has successfully completed an objective assessment
11    mechanism prepared in accordance with rules established by
12    the Department.
13        (5) He or she has successfully passed an examination
14    accredited by the National Commission for Certifying
15    Agencies, as approved and required by the Board or by rule.
16        (6) He or she has paid the required licensure
17    certification fees.
18    (b) No pharmacist whose license has been denied, revoked,
19suspended, or restricted for disciplinary purposes may be
20eligible to be registered as a certified pharmacy technician
21unless authorized by order of the Department as a condition of
22restoration from revocation, suspension, or restriction.
23    (c) The Department may, by rule, establish any additional
24requirements for licensure certification under this Section.
25    (d) A person who is not a licensed registered pharmacy
26technician and meets the requirements of this Section may be



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1licensed register as a registered certified pharmacy
2technician without first being licensed registering as a
3registered pharmacy technician.
4    (e) As a condition for the renewal of a license certificate
5of registration as a registered certified pharmacy technician,
6the licensee registrant shall provide evidence to the
7Department of completion of a total of 20 hours of continuing
8pharmacy education during the 24 months preceding the
9expiration date of the certificate as established by rule. One
10hour of continuing pharmacy education must be in the subject of
11pharmacy law. One hour of continuing pharmacy education must be
12in the subject of patient safety. The continuing education
13shall be approved by the Accreditation Council on Pharmacy
15    The Department may shall establish by rule a means for the
16verification of completion of the continuing education
17required by this subsection (e). This verification may be
18accomplished through audits of records maintained by licensees
19registrants, by requiring the filing of continuing education
20certificates with the Department or a qualified organization
21selected by the Department to maintain such records, or by
22other means established by the Department.
23    Rules developed under this subsection (e) may provide for a
24reasonable annual fee, not to exceed $20, to fund the cost of
25such recordkeeping. The Department may shall, by rule, further
26provide an orderly process for the restoration reinstatement of



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1a license registration that has not been renewed due to the
2failure to meet the continuing pharmacy education requirements
3of this subsection (e). The Department may waive the
4requirements of continuing pharmacy education, in whole or in
5part, in cases of extreme hardship as defined by rule of the
6Department. The waivers may shall be granted for not more than
7one of any 3 consecutive renewal periods.
8(Source: P.A. 99-473, eff. 1-1-17.)
9    (225 ILCS 85/10)  (from Ch. 111, par. 4130)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 10. State Board of Pharmacy.
12    (a) There is created in the Department the State Board of
13Pharmacy. It shall consist of 9 members, 7 of whom shall be
14licensed pharmacists. Each of those 7 members must be a
15licensed pharmacist in good standing in this State, a graduate
16of an accredited college of pharmacy or hold a Bachelor of
17Science degree in Pharmacy and have at least 5 years' practical
18experience in the practice of pharmacy subsequent to the date
19of his licensure as a licensed pharmacist in the State of
20Illinois. There shall be 2 public members, who shall be voting
21members, who shall not be engaged in any way, directly or
22indirectly, as providers of health care licensed pharmacists in
23this State or any other state.
24    (b) Each member shall be appointed by the Governor.
25    (c) Members shall be appointed to 5 year terms. The



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1Governor shall fill any vacancy for the remainder of the
2unexpired term. Partial terms over 3 years in length shall be
3considered full terms. A member may be reappointed for a
4successive term, but no member shall serve more than 2 full
5terms in his or her lifetime.
6    (d) In making the appointment of members on the Board, the
7Governor shall give due consideration to recommendations by the
8members of the profession of pharmacy and by pharmacy
9organizations therein. The Governor shall notify the pharmacy
10organizations promptly of any vacancy of members on the Board
11and in appointing members shall give consideration to
12individuals engaged in all types and settings of pharmacy
14    (e) The Governor may remove any member of the Board for
15misconduct, incapacity, or neglect of duty, and he or she shall
16be the sole judge of the sufficiency of the cause for removal.
17    (f) Each member of the Board shall be reimbursed for such
18actual and legitimate expenses as he or she may incur in going
19to and from the place of meeting and remaining there thereat
20during sessions of the Board. In addition, each member of the
21Board may receive a per diem payment in an amount determined
22from time to time by the Director for attendance at meetings of
23the Board and conducting other official business of the Board.
24    (g) The Board shall hold quarterly meetings at such times
25and places and upon notice as the Department may determine and
26as its business may require. A majority of the Board members



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1currently appointed shall constitute a quorum. A vacancy in the
2membership of the Board shall not impair the right of a quorum
3to exercise all the rights and perform all the duties of the
5    (h) The Board shall exercise the rights, powers and duties
6which have been vested in the Board under this Act, and any
7other duties conferred upon the Board by law.
8(Source: P.A. 95-689, eff. 10-29-07.)
9    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 11. Duties of the Department. The Department shall
12exercise the powers and duties prescribed by the Civil
13Administrative Code of Illinois for the administration of
14Licensing Acts and shall exercise such other powers and duties
15necessary for effectuating the purpose of this Act. The powers
16and duties of the Department also include However, the
17following powers and duties shall be exercised only upon review
18of the Board of Pharmacy to take such action:
19    (a) Formulation of Formulate such rules, not inconsistent
20with law and subject to the Illinois Administrative Procedure
21Act, as may be necessary to carry out the purposes and enforce
22the provisions of this Act. The Secretary Director may grant
23variances from any such rules as provided for in this Section. ;
24    (b) The suspension, revocation, placing on probationary
25status, reprimand, and refusing to issue or restore, or taking



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1any other disciplinary or non-disciplinary action against any
2license or certificate of registration issued under the
3provisions of this Act for the reasons set forth in Section 30
4of this Act.
5    (c) The issuance, renewal, restoration, or reissuance of
6any license or certificate which has been previously refused to
7be issued or renewed, or has been revoked, suspended or placed
8on probationary status.
9    (c-5) The granting of variances from rules promulgated
10pursuant to this Section in individual cases where there is a
11finding that:
12        (1) the provision from which the variance is granted is
13    not statutorily mandated;
14        (2) no party will be injured by the granting of the
15    variance; and
16        (3) the rule from which the variance is granted would,
17    in the particular case, be unreasonable or unnecessarily
18    burdensome.
19    The Secretary Director shall give consideration to the
20recommendations of notify the State Board of Pharmacy regarding
21of the granting of such variance and the reasons therefor, at
22the next meeting of the Board.
23    (d) The Secretary shall appoint a chief pharmacy
24coordinator who and at least 2 deputy pharmacy coordinators,
25all of whom shall be a licensed pharmacist registered
26pharmacists in good standing in this State, shall be a graduate



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1graduates of an accredited college of pharmacy or hold, at a
2minimum, a bachelor of science degree in pharmacy, and shall
3have at least 5 years of experience in the practice of pharmacy
4immediately prior to his or her appointment. The chief pharmacy
5coordinator shall be the executive administrator and the chief
6enforcement officer of this Act. The deputy pharmacy
7coordinators shall report to the chief pharmacy coordinator.
8The Secretary shall assign at least one deputy pharmacy
9coordinator to a region composed of Cook County and such other
10counties as the Secretary may deem appropriate, and such deputy
11pharmacy coordinator shall have his or her primary office in
12Chicago. The Secretary shall assign at least one deputy
13pharmacy coordinator to a region composed of the balance of
14counties in the State, and such deputy pharmacy coordinator
15shall have his or her primary office in Springfield.
16    (e) The Department Secretary shall, in conformity with the
17Personnel Code, employ such pharmacy investigators as deemed
18necessary not less than 4 pharmacy investigators who shall
19report to the chief pharmacy coordinator or a deputy pharmacy
20coordinator. Each pharmacy investigator shall be a licensed
21pharmacist unless employed as a pharmacy investigator on or
22before August 27, 2015 (the effective date of Public Act
2399-473) this amendatory Act of the 99th General Assembly. The
24Department shall also employ at least one attorney to prosecute
25violations of this Act and its rules. The Department may, in
26conformity with the Personnel Code, employ such clerical and



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1other employees as are necessary to carry out the duties of the
2Board and Department.
3    The duly authorized pharmacy investigators of the
4Department shall have the right to enter and inspect, during
5business hours, any pharmacy or any other place in this State
6holding itself out to be a pharmacy where medicines, drugs or
7drug products, or proprietary medicines are sold, offered for
8sale, exposed for sale, or kept for sale.
9(Source: P.A. 99-473, eff. 8-27-15.)
10    (225 ILCS 85/12)  (from Ch. 111, par. 4132)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 12. Expiration of license; renewal.
13    (a) The expiration date and renewal period for each license
14and certificate of registration issued under this Act shall be
15set by rule.
16    (b) As a condition for the renewal of a license certificate
17of registration as a pharmacist, the licensee registrant shall
18provide evidence to the Department of completion of a total of
1930 hours of pharmacy continuing education during the 24 months
20preceding the expiration date of the certificate. Such
21continuing education shall be approved by the Accreditation
22Council on Pharmacy Education.
23    (c) The Department may shall establish by rule a means for
24the verification of completion of the continuing education
25required by this Section. This verification may be accomplished



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1through audits of records maintained by licensees registrants,
2by requiring the filing of continuing education certificates
3with the Department or a qualified organization selected by the
4Department to maintain such records or by other means
5established by the Department.
6    (d) Rules developed under this Section may provide for a
7reasonable biennial fee, not to exceed $20, to fund the cost of
8such recordkeeping. The Department may shall, by rule, further
9provide an orderly process for the restoration reinstatement of
10licenses which have not been renewed due to the failure to meet
11the continuing education requirements of this Section. The
12requirements of continuing education may be waived, in whole or
13in part, in cases of extreme hardship as defined by rule of the
14Department. Such waivers shall be granted for not more than one
15of any 3 consecutive renewal periods.
16    (e) Any pharmacist who has permitted his license to expire
17or who has had his license on inactive status may have his
18license restored by making application to the Department and
19filing proof acceptable to the Department of his fitness to
20have his license restored, and by paying the required
21restoration fee. The Department shall determine, by an
22evaluation program established by rule his fitness for
23restoration of his license and shall establish procedures and
24requirements for such restoration. However, any pharmacist who
25demonstrates that he has continuously maintained active
26practice in another jurisdiction pursuant to a license in good



HB3462 Enrolled- 37 -LRB100 05725 SMS 15747 b

1standing, and who has substantially complied with the
2continuing education requirements of this Section shall not be
3subject to further evaluation for purposes of this Section.
4    (f) Any licensee who shall engage in the practice for which
5his or her license was issued while the license is expired or
6on inactive status shall be considered to be practicing without
7a license which, shall be grounds for discipline under Section
830 of this Act.
9    (g) Any pharmacy operating on an expired license is engaged
10in the unlawful practice of pharmacy and is subject to
11discipline under Section 30 of this Act. A pharmacy whose
12license has been expired for one year or more may not have its
13license restored but must apply for a new license and meet all
14requirements for licensure. Any pharmacy whose license has been
15expired for less than one year may apply for restoration of its
16license and shall have its license restored.
17    (h) However, any pharmacist whose license expired while he
18was (1) in Federal Service on active duty with the Armed Forces
19of the United States, or the State Militia called into service
20or training, or (2) in training or education under the
21supervision of the United States preliminary to induction into
22the military service, may have his license or certificate
23restored without paying any lapsed renewal fees, if within 2
24years after honorable termination of such service, training or
25education he furnishes the Department with satisfactory
26evidence to the effect that he has been so engaged and that his



HB3462 Enrolled- 38 -LRB100 05725 SMS 15747 b

1service, training or education has been so terminated.
2(Source: P.A. 95-689, eff. 10-29-07.)
3    (225 ILCS 85/13)  (from Ch. 111, par. 4133)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 13. Inactive status.
6    (a) Any pharmacist, registered certified pharmacy
7technician, or registered pharmacy technician who notifies the
8Department, in writing or electronically on forms prescribed by
9the Department, may elect to place his or her license on an
10inactive status and shall be excused from payment of renewal
11fees and completion of continuing education requirements until
12he or she notifies the Department in writing of his or her
13intent to restore his license.
14    (b) Any pharmacist, registered certified pharmacy
15technician, or registered pharmacy pharmacist technician
16requesting restoration from inactive status shall be required
17to pay the current renewal fee and shall be required to restore
18his or her license or certificate, as provided by rule of the
20    (c) Any pharmacist, registered certified pharmacy
21technician, or registered pharmacy pharmacist technician whose
22license is in inactive status shall not practice in the State
23of Illinois.
24    (d) A pharmacy license may not be placed on inactive



HB3462 Enrolled- 39 -LRB100 05725 SMS 15747 b

1    (e) Continued practice on a license which has lapsed or
2been placed on inactive status shall be considered to be
3practicing without a license.
4(Source: P.A. 95-689, eff. 10-29-07.)
5    (225 ILCS 85/15)  (from Ch. 111, par. 4135)
6    (Section scheduled to be repealed on January 1, 2018)
7    Sec. 15. Pharmacy requirements.
8    (1) It shall be unlawful for the owner of any pharmacy, as
9defined in this Act, to operate or conduct the same, or to
10allow the same to be operated or conducted, unless:
11        (a) It has a licensed pharmacist, authorized to
12    practice pharmacy in this State under the provisions of
13    this Act, on duty whenever the practice of pharmacy is
14    conducted;
15        (b) Security provisions for all drugs and devices, as
16    determined by rule of the Department, are provided during
17    the absence from the licensed pharmacy of all licensed
18    pharmacists. Maintenance of security provisions is the
19    responsibility of the licensed pharmacist in charge; and
20        (c) The pharmacy is licensed under this Act to conduct
21    the practice of pharmacy in any and all forms from the
22    physical address of the pharmacy's primary inventory where
23    U.S. mail is delivered. If a facility, company, or
24    organization operates multiple pharmacies from multiple
25    physical addresses, a separate pharmacy license is



HB3462 Enrolled- 40 -LRB100 05725 SMS 15747 b

1    required for each different physical address.
2    (2) The Department may allow a pharmacy that is not located
3at the same location as its home pharmacy and at which pharmacy
4services are provided during an emergency situation, as defined
5by rule, to be operated as an emergency remote pharmacy. An
6emergency remote pharmacy operating under this subsection (2)
7shall operate under the license of the home pharmacy.
8    (3) The Secretary may waive the requirement for a
9pharmacist to be on duty at all times for State facilities not
10treating human ailments. This waiver of the requirement remains
11in effect until it is rescinded by the Secretary and the
12Department provides written notice of the rescission to the
13State facility.
14    (4) It shall be unlawful for any person, who is not a
15licensed pharmacy or health care facility, to purport to be
16such or to use in name, title, or sign designating, or in
17connection with that place of business, any of the words:
18"pharmacy", "pharmacist", "pharmacy department", "apothecary",
19"druggist", "drug", "drugs", "medicines", "medicine store",
20"drug sundries", "prescriptions filled", or any list of words
21indicating that drugs are compounded or sold to the lay public,
22or prescriptions are dispensed therein. Each day during which,
23or a part which, such representation is made or appears or such
24a sign is allowed to remain upon or in such a place of business
25shall constitute a separate offense under this Act.
26    (5) The holder of any license or certificate of



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1registration shall conspicuously display it in the pharmacy in
2which he is engaged in the practice of pharmacy. The pharmacist
3in charge shall conspicuously display his name in such
4pharmacy. The pharmacy license shall also be conspicuously
6(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
796-1000, eff. 7-2-10.)
8    (225 ILCS 85/16)  (from Ch. 111, par. 4136)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 16. The Department shall require and provide for the
11licensure of every pharmacy doing business in this State. Such
12licensure shall expire 30 days after the pharmacist in charge
13dies or is no longer employed by or leaves the place where the
14pharmacy is licensed or after such pharmacist's license has
15been suspended or revoked.
16    In the event the designated pharmacist in charge dies or
17otherwise ceases to function in that capacity, or when the
18license of the pharmacist in charge has been suspended or
19revoked, the owner of the pharmacy shall be required to notify
20the Department, on forms provided by the Department, of the
21identity of the new pharmacist in charge.
22    It is the duty of every pharmacist in charge who ceases to
23function in that capacity to report to the Department within 30
24days of the date on which he ceased such functions for such
25pharmacy. It is the duty of every owner of a pharmacy licensed



HB3462 Enrolled- 42 -LRB100 05725 SMS 15747 b

1under this Act to report to the Department within 30 days of
2the date on which the pharmacist in charge died or ceased to
3function in that capacity and to specify a new pharmacist in
4charge. Failure to provide such notification to the Department
5shall be grounds for disciplinary action.
6    No license shall be issued to any pharmacy unless such
7pharmacy has a pharmacist in charge and each such pharmacy
8license shall indicate on the face thereof the pharmacist in
10(Source: P.A. 95-689, eff. 10-29-07.)
11    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 16a. (a) The Department shall establish rules and
14regulations, consistent with the provisions of this Act,
15governing nonresident pharmacies, including pharmacies
16providing services via the Internet, which sell, or offer for
17sale, drugs, medicines, or other pharmaceutical services in
18this State.
19    (b) The Department shall require and provide for a an
20annual nonresident special pharmacy license registration for
21all pharmacies located outside of this State that dispense
22medications for Illinois residents and mail, ship, or deliver
23prescription medications into this State. A nonresident
24Nonresident special pharmacy license registration shall be
25granted by the Department upon the disclosure and certification



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1by a pharmacy:
2        (1) that it is licensed in the state in which the
3    dispensing facility is located and from which the drugs are
4    dispensed;
5        (2) of the location, names, and titles of all principal
6    corporate officers of the business and all pharmacists who
7    are dispensing drugs to residents of this State;
8        (3) that it complies with all lawful directions and
9    requests for information from the board of pharmacy of each
10    state in which it is licensed or registered, except that it
11    shall respond directly to all communications from the Board
12    or Department concerning any circumstances arising from
13    the dispensing of drugs to residents of this State;
14        (4) that it maintains its records of drugs dispensed to
15    residents of this State so that the records are readily
16    retrievable from the records of other drugs dispensed;
17        (5) that it cooperates with the Board or Department in
18    providing information to the board of pharmacy of the state
19    in which it is licensed concerning matters related to the
20    dispensing of drugs to residents of this State; and
21        (6) that during its regular hours of operation, but not
22    less than 6 days per week, for a minimum of 40 hours per
23    week, a toll-free telephone service is provided to
24    facilitate communication between patients in this State
25    and a pharmacist at the nonresident pharmacy who has access
26    to the patients' records. The toll-free number must be



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1    disclosed on the label affixed to each container of drugs
2    dispensed to residents of this State.
3(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
4    (225 ILCS 85/17)  (from Ch. 111, par. 4137)
5    (Section scheduled to be repealed on January 1, 2018)
6    Sec. 17. Disposition of legend drugs on cessation of
7pharmacy operations.
8    (a) The pharmacist in charge of a pharmacy which has its
9pharmacy license revoked or otherwise ceases operation shall
10notify the Department and forward to the Department a copy of
11the closing inventory of controlled substances and a statement
12indicating the intended manner of disposition of all legend
13drugs and prescription files within 30 days of such revocation
14or cessation of operation.
15    (b) The Department shall approve the intended manner of
16disposition of all legend drugs prior to disposition of such
17drugs by the pharmacist in charge.
18        (1) The Department shall notify the pharmacist in
19    charge of approval of the manner of disposition of all
20    legend drugs, or disapproval accompanied by reasons for
21    such disapproval, within 30 days of receipt of the
22    statement from the pharmacist in charge. In the event that
23    the manner of disposition is not approved, the pharmacist
24    in charge shall notify the Department of an alternative
25    manner of disposition within 30 days of the receipt of



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1    disapproval.
2        (2) If disposition of all legend drugs does not occur
3    within 30 days after approval is received from the
4    Department, or if no alternative method of disposition is
5    submitted to the Department within 30 days of the
6    Department's disapproval, the Secretary Director shall
7    notify the pharmacist in charge by mail at the address of
8    the closing pharmacy, of the Department's intent to
9    confiscate all legend drugs. The Notice of Intent to
10    Confiscate shall be the final administrative decision of
11    the Department, as that term is defined in the
12    Administrative Review Law, and the confiscation of all
13    prescription drugs shall be effected.
14    (b-5) In the event that the pharmacist in charge has died
15or is otherwise physically incompetent to perform the duties of
16this Section, the owner of a pharmacy that has its license
17revoked or otherwise ceases operation shall be required to
18fulfill the duties otherwise imposed upon the pharmacist in
20    (c) The pharmacist in charge of a pharmacy which acquires
21prescription files from a pharmacy which ceases operation shall
22be responsible for the preservation of such acquired
23prescriptions for the remainder of the term that such
24prescriptions are required to be preserved by this Act.
25    (d) Failure to comply with this Section shall be grounds
26for denying an application or renewal application for a



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1pharmacy license or for disciplinary action against a license
3    (e) Compliance with the provisions of the Illinois
4Controlled Substances Act concerning the disposition of
5controlled substances shall be deemed compliance with this
6Section with respect to legend drugs which are controlled
8(Source: P.A. 95-689, eff. 10-29-07.)
9    (225 ILCS 85/17.1)
10    (Section scheduled to be repealed on January 1, 2018)
11    Sec. 17.1. Registered pharmacy Pharmacy technician
13    (a) Beginning January 1, 2004, it shall be the joint
14responsibility of a pharmacy and its pharmacist in charge to
15have trained all of its registered pharmacy technicians or
16obtain proof of prior training in all of the following topics
17as they relate to the practice site:
18        (1) The duties and responsibilities of the technicians
19    and pharmacists.
20        (2) Tasks and technical skills, policies, and
21    procedures.
22        (3) Compounding, packaging, labeling, and storage.
23        (4) Pharmaceutical and medical terminology.
24        (5) Record keeping requirements.
25        (6) The ability to perform and apply arithmetic



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1    calculations.
2    (b) Within 6 months after initial employment or changing
3the duties and responsibilities of a registered pharmacy
4technician, it shall be the joint responsibility of the
5pharmacy and the pharmacist in charge to train the registered
6pharmacy technician or obtain proof of prior training in the
7areas listed in subsection (a) of this Section as they relate
8to the practice site or to document that the pharmacy
9technician is making appropriate progress.
10    (c) All pharmacies shall maintain an up-to-date training
11program describing the duties and responsibilities of a
12registered pharmacy technician.
13    (d) All pharmacies shall create and maintain retrievable
14records of training or proof of training as required in this
16(Source: P.A. 95-689, eff. 10-29-07.)
17    (225 ILCS 85/18)  (from Ch. 111, par. 4138)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 18. Record retention. There Except as provided in
20subsection (b), there shall be kept in every drugstore or
21pharmacy a suitable book, file, or electronic record keeping
22system in which shall be preserved for a period of not less
23than 5 years the original, or an exact, unalterable image, of
24every written prescription and the original transcript or copy
25of every verbal prescription filled, compounded, or dispensed,



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1in such pharmacy; and such book, or file, or electronic record
2keeping system of prescriptions shall at all reasonable times
3be open to inspection to the chief pharmacy coordinator and the
4duly authorized agents or employees of the Department.
5    Every prescription filled or refilled shall contain the
6unique identifiers of the persons authorized to practice
7pharmacy under the provision of this Act who fills or refills
8the prescription.
9    Records kept pursuant to this Section may be maintained in
10an alternative data retention system, such as a direct digital
11imaging system, provided that:
12        (1) the records maintained in the alternative data
13    retention system contain all of the information required in
14    a manual record;
15        (2) the data processing system is capable of producing
16    a hard copy of the electronic record on the request of the
17    Board, its representative, or other authorized local,
18    State, or federal law enforcement or regulatory agency;
19        (3) the digital images are recorded and stored only by
20    means of a technology that does not allow subsequent
21    revision or replacement of the images; and
22        (4) the prescriptions may be retained in written form
23    or recorded in a data processing system, provided that such
24    order can be produced in printed form upon lawful request.
25    As used in this Section, "digital imaging system" means a
26system, including people, machines, methods of organization,



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1and procedures, that provides input, storage, processing,
2communications, output, and control functions for digitized
3representations of original prescription records.
4    Inpatient drug orders may be maintained within an
5institution in a manner approved by the Department.
6(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
7    (225 ILCS 85/19)  (from Ch. 111, par. 4139)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 19. Nothing contained in this Act shall be construed
10to prohibit a pharmacist licensed in this State from filling or
11refilling a valid prescription for prescription drugs which is
12on file in a pharmacy licensed in any state and has been
13transferred from one pharmacy to another by any means,
14including by way of electronic data processing equipment upon
15the following conditions and exceptions:
16    (1) Prior to dispensing pursuant to any such prescription,
17the dispensing pharmacist shall:
18        (a) Advise the patient that the prescription on file at
19    such other pharmacy must be canceled before he or she will
20    be able to fill or refill it.
21        (b) Determine that the prescription is valid and on
22    file at such other pharmacy and that such prescription may
23    be filled or refilled, as requested, in accordance with the
24    prescriber's intent expressed on such prescription.
25        (c) Notify the pharmacy where the prescription is on



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1    file that the prescription must be canceled.
2        (d) Record in writing or electronically the
3    prescription order, the name of the pharmacy at which the
4    prescription was on file, the prescription number, the name
5    of the drug and the original amount dispensed, the date of
6    original dispensing, and the number of remaining
7    authorized refills.
8        (e) Obtain the consent of the prescriber to the
9    refilling of the prescription when the prescription, in the
10    professional judgment of the dispensing pharmacist, so
11    requires.
12    (2) Upon receipt of a request for prescription information
13set forth in subparagraph (d) of paragraph (1) of this Section,
14if the requested pharmacist is satisfied in his professional
15judgment that such request is valid and legal, the requested
16pharmacist shall:
17        (a) Provide such information accurately and
18    completely.
19        (b) Record electronically or, if in writing, on the
20    face of the prescription, the name of the requesting
21    pharmacy and pharmacist and the date of request.
22        (c) Cancel the prescription on file by writing the word
23    "void" on its face or the electronic equivalent, if not in
24    written format. No further prescription information shall
25    be given or medication dispensed pursuant to such original
26    prescription.



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1    (3) In the event that, after the information set forth in
2subparagraph (d) of paragraph (1) of this Section has been
3provided, a prescription is not dispensed by the requesting
4pharmacist, then such pharmacist shall provide notice of this
5fact to the pharmacy from which such information was obtained;
6such notice shall then cancel the prescription in the same
7manner as set forth in subparagraph (c) of paragraph (2) of
8this Section.
9    (4) When filling or refilling a valid prescription on file
10in another state, the dispensing pharmacist shall be required
11to follow all the requirements of Illinois law which apply to
12the dispensing of prescription drugs. If anything in Illinois
13law prevents the filling or refilling of the original
14prescription it shall be unlawful to dispense pursuant to this
16    (5) Prescriptions for drugs in Schedules III, IV, and V of
17the Illinois Controlled Substances Act may be transferred only
18once and may not be further transferred. However, pharmacies
19electronically sharing a real-time, online database may
20transfer up to the maximum refills permitted by the law and the
21prescriber's authorization.
22(Source: P.A. 95-689, eff. 10-29-07.)
23    (225 ILCS 85/20)  (from Ch. 111, par. 4140)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 20. Dispensing systems.



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1    (a) Two or more pharmacies may establish and use a common
2electronic file to maintain required dispensing information.
3    (b) Pharmacies using such a common electronic file are not
4required to physically transfer prescriptions or information
5for dispensing purposes between or among pharmacies
6participating in the same common prescription file; provided,
7however any such common file must contain complete and adequate
8records of such prescription and refill dispensed as stated in
9Section 18.
10    (c) The Department and Board may formulate such rules and
11regulations, not inconsistent with law, as may be necessary to
12carry out the purposes of and to enforce the provisions of this
13Section within the following exception: The Department and
14Board shall not impose greater requirements on either common
15electronic files or a hard copy record system.
16    (d) Drugs shall in no event be dispensed more frequently or
17in larger amounts than the prescriber ordered without direct
18prescriber authorization by way of a new prescription order.
19    (e) The dispensing by a pharmacist licensed in this State
20or another state of a prescription contained in a common
21database shall not constitute a transfer, provided that (1) (i)
22all pharmacies involved in the transactions pursuant to which
23the prescription is dispensed and all pharmacists engaging in
24dispensing functions are properly licensed, permitted, or
25registered in this State or another jurisdiction, (2) (ii) a
26policy and procedures manual that governs all participating



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1pharmacies and pharmacists is available to the Department upon
2request and includes the procedure for maintaining appropriate
3records for regulatory oversight for tracking a prescription
4during each stage of the filling and dispensing process, and
5(3) (iii) the pharmacists involved in filling and dispensing
6the prescription and counseling the patient are identified. A
7pharmacist shall be accountable only for the specific tasks
9    (f) Nothing in this Section shall prohibit a pharmacist who
10is exercising his or her professional judgment from dispensing
11additional quantities of medication up to the total number of
12dosage units authorized by the prescriber on the original
13prescription and any refills.
14(Source: P.A. 95-689, eff. 10-29-07.)
15    (225 ILCS 85/22)  (from Ch. 111, par. 4142)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 22. Except only in the case of a drug, medicine or
18poison which is lawfully sold or dispensed, at retail, in the
19original and unbroken package of the manufacturer, packer, or
20distributor thereof, and which package bears the original label
21thereon showing the name and address of the manufacturer,
22packer, or distributor thereof, and the name of the drug,
23medicine, or poison therein contained, and the directions for
24its use, no person shall sell or dispense, at retail, any drug,
25medicine, or poison, without affixing to the box, bottle,



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1vessel, or package containing the same, a label bearing the
2name of the article distinctly shown, and the directions for
3its use, with the name and address of the pharmacy wherein the
4same is sold or dispensed. However, in the case of a drug,
5medicine, or poison which is sold or dispensed pursuant to a
6prescription of a physician licensed to practice medicine in
7all of its branches, a physician assistant in accordance with
8subsection (f) of Section 4 of this Act, an advanced practice
9registered nurse in accordance with subsection (g) of Section 4
10of this Act, a licensed dentist, a licensed veterinarian, a
11licensed podiatric physician, or a licensed therapeutically or
12diagnostically certified optometrist authorized by law to
13prescribe drugs or medicines or poisons, the label affixed to
14the box, bottle, vessel, or package containing the same shall
15show: (a) the name and address of the pharmacy wherein the same
16is sold or dispensed; (b) the name or initials of the person,
17authorized to practice pharmacy under the provisions of this
18Act, selling or dispensing the same, (c) the date on which such
19prescription was filled; (d) the name of the patient; (e) the
20serial number of such prescription as filed in the prescription
21files; (f) the last name of the practitioner who prescribed
22such prescriptions; (g) the directions for use thereof as
23contained in such prescription; and (h) the proprietary name or
24names or the established name or names of the drugs, the dosage
25and quantity, except as otherwise authorized by rule regulation
26of the Department.



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1(Source: P.A. 98-214, eff. 8-9-13.)
2    (225 ILCS 85/25.10)
3    (Section scheduled to be repealed on January 1, 2018)
4    Sec. 25.10. Remote prescription processing.
5    (a) In this Section, "remote prescription processing"
6means and includes the outsourcing of certain prescription
7functions to another pharmacy or licensed non-resident
8pharmacy, including the dispensing of drugs. "Remote
9prescription processing" includes any of the following
10activities related to the dispensing process:
11        (1) Receiving, interpreting, evaluating, or clarifying
12    prescriptions.
13        (2) Entering prescription and patient data into a data
14    processing system.
15        (3) Transferring prescription information.
16        (4) Performing a drug regimen review.
17        (5) Obtaining refill or substitution authorizations or
18    otherwise communicating with the prescriber concerning a
19    patient's prescription.
20        (6) Evaluating clinical data for prior authorization
21    for dispensing.
22        (7) Discussing therapeutic interventions with
23    prescribers.
24        (8) Providing drug information or counseling
25    concerning a patient's prescription to the patient or



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1    patient's agent, as defined in this Act.
2    (b) A pharmacy may engage in remote prescription processing
3under the following conditions:
4        (1) The pharmacies shall either have the same owner or
5    have a written contract describing the scope of services to
6    be provided and the responsibilities and accountabilities
7    of each pharmacy in compliance with all federal and State
8    laws and regulations related to the practice of pharmacy.
9        (2) The pharmacies shall share a common electronic file
10    or have technology that allows sufficient information
11    necessary to process a non-dispensing function.
12        (3) The records may be maintained separately by each
13    pharmacy or in common electronic file shared by both
14    pharmacies, provided that the system can produce a record
15    at either location that shows showing each processing task,
16    the identity of the person performing each task, and the
17    location where each task was performed.
18    (c) Nothing in this Section shall prohibit an individual
19employee licensed as a pharmacist from accessing the employer
20pharmacy's database from a pharmacist's home or other remote
21location or home verification for the purpose of performing
22certain prescription processing functions, provided that the
23pharmacy establishes controls to protect the privacy and
24security of confidential records.
25(Source: P.A. 95-689, eff. 10-29-07.)



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1    (225 ILCS 85/25.15)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 25.15. Telepharmacy.
4    (a) In this Section, "telepharmacy" means the provision of
5pharmacist care by a pharmacist that is accomplished through
6the use of telecommunications or other technologies to patients
7or their agents who are at a distance and are located within
8the United States, and which follows all federal and State
9laws, rules, and regulations with regard to privacy and
11    (b) Any pharmacy engaged in the practice of telepharmacy
12must meet all of the following conditions:
13        (1) All events involving the contents of an automated
14    pharmacy system must be stored in a secure location and may
15    be recorded electronically.
16        (2) An automated pharmacy or prescription dispensing
17    machine system may be used in conjunction with the
18    pharmacy's practice of telepharmacy after inspection and
19    approval by the Department.
20        (3) The pharmacist in charge shall:
21            (A) be responsible for the practice of
22        telepharmacy performed at a remote pharmacy, including
23        the supervision of any prescription dispensing machine
24        or automated medication system;
25            (B) ensure that the home pharmacy has sufficient
26        pharmacists on duty for the safe operation and



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1        supervision of all remote pharmacies;
2            (C) ensure, through the use of a video and auditory
3        communication system, that a registered certified
4        pharmacy technician at the remote pharmacy has
5        accurately and correctly prepared any prescription for
6        dispensing according to the prescription;
7            (D) be responsible for the supervision and
8        training of registered certified pharmacy technicians
9        at remote pharmacies who shall be subject to all rules
10        and regulations; and
11            (E) ensure that patient counseling at the remote
12        pharmacy is performed by a pharmacist or student
13        pharmacist.
14(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
15    (225 ILCS 85/27)  (from Ch. 111, par. 4147)
16    (Section scheduled to be repealed on January 1, 2018)
17    Sec. 27. Fees.
18    (a) The Department shall, by rule, provide for a schedule
19of fees to be paid for licenses and certificates. These fees
20shall be for the administration and enforcement of this Act,
21including without limitation original licensure and renewal
22and restoration of licensure. All fees are nonrefundable.
23    (b) Applicants for any examination as a pharmacist shall be
24required to pay, either to the Department or to the designated
25testing service, a fee covering the cost of determining an



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1applicant's eligibility and providing the examination. Failure
2to appear for the examination on the scheduled date, at the
3time and place specified, after the applicant's application for
4examination has been received and acknowledged by the
5Department or the designated testing service, shall result in
6the forfeiture of the examination fee.
7    (c) Applicants for the preliminary diagnostic examination
8shall be required to pay, either to the Department or to the
9designated testing service, a fee covering the cost of
10determining an applicant's eligibility and providing the
11examination. Failure to appear for the examination on the
12scheduled date, at the time and place specified, after the
13application for examination has been received and acknowledged
14by the Department or the designated testing service, shall
15result in the forfeiture of the examination fee.
16    (d) All fees, fines, or penalties received by the
17Department under this Act shall be deposited in the Illinois
18State Pharmacy Disciplinary Fund hereby created in the State
19Treasury and shall be used by the Department in the exercise of
20its powers and performance of its duties under this Act,
21including, but not limited to, the provision for evidence in
22pharmacy investigations.
23    Moneys in the Fund may be transferred to the Professions
24Indirect Cost Fund as authorized under Section 2105-300 of the
25Department of Professional Regulation Law (20 ILCS



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1    The moneys deposited in the Illinois State Pharmacy
2Disciplinary Fund shall be invested to earn interest which
3shall accrue to the Fund.
4    (e) From the money received for license renewal fees, $5
5from each pharmacist fee, and $2.50 from each pharmacy
6technician fee, shall be set aside within the Illinois State
7Pharmacy Disciplinary Fund for the purpose of supporting a
8substance abuse program for pharmacists and pharmacy
10    (f) A pharmacy, manufacturer of controlled substances, or
11wholesale distributor of controlled substances that is
12licensed under this Act and owned and operated by the State is
13exempt from licensure, registration, renewal, and other fees
14required under this Act.
15    Pharmacists and pharmacy technicians working in facilities
16owned and operated by the State are not exempt from the payment
17of fees required by this Act and any rules adopted under this
19    Nothing in this subsection (f) shall be construed to
20prohibit the Department from imposing any fine or other penalty
21allowed under this Act.
22(Source: P.A. 95-689, eff. 10-29-07.)
23    (225 ILCS 85/28)  (from Ch. 111, par. 4148)
24    (Section scheduled to be repealed on January 1, 2018)
25    Sec. 28. Returned checks; fines. Any person who delivers a



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1check or other payment to the Department that is returned to
2the Department unpaid by the financial institution upon which
3it is drawn shall pay to the Department, in addition to the
4amount already owed to the Department, a fine of $50. The fines
5imposed by this Section are in addition to any other discipline
6provided under this Act for unlicensed practice or practice on
7a nonrenewed license. The Department shall notify the person
8that payment of fees and fines shall be paid to the Department
9by certified check or money order within 30 calendar days of
10the notification. If, after the expiration of 30 days from the
11date of the notification, the person has failed to submit the
12necessary remittance, the Department shall automatically
13terminate the license or certificate or deny the application,
14without hearing. If, after termination or denial, the person
15seeks a license or certificate, he or she shall apply to the
16Department for restoration or issuance of the license or
17certificate and pay all fees and fines due to the Department.
18The Department may establish a fee for the processing of an
19application for restoration of a license or certificate to pay
20all expenses of processing this application. The Secretary
21Director may waive the fines due under this Section in
22individual cases where the Secretary Director finds that the
23fines would be unreasonable or unnecessarily burdensome.
24(Source: P.A. 92-146, eff. 1-1-02.)
25    (225 ILCS 85/30)  (from Ch. 111, par. 4150)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 30. Refusal, revocation, or suspension, or other
4    (a) The Department may refuse to issue or renew, or may
5revoke a license or registration, or may suspend, place on
6probation, fine, or take any disciplinary or non-disciplinary
7action as the Department may deem proper, including fines not
8to exceed $10,000 for each violation, with regard to any
9licensee or registrant for any one or combination of the
10following causes:
11        1. Material misstatement in furnishing information to
12    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 any
20    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 unprofessional, dishonorable, or
24    unethical conduct of a character likely to deceive, defraud
25    or harm the public.
26        8. Adverse action taken by another state or



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



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



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



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



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1    accordance with Section 35.5 of this Act.
2        26. Disclosing protected health information in
3    violation of any State or federal law.
4        27. Willfully failing to report an instance of
5    suspected abuse, neglect, financial exploitation, or
6    self-neglect of an eligible adult as defined in and
7    required by the Adult Protective Services Act.
8        28. Being named as an abuser in a verified report by
9    the Department on Aging under the Adult Protective Services
10    Act, and upon proof by clear and convincing evidence that
11    the licensee abused, neglected, or financially exploited
12    an eligible adult as defined in the Adult Protective
13    Services Act.
14    (b) The Department may refuse to issue or may suspend the
15license or registration of any person who fails to file a
16return, or to pay the tax, penalty or interest shown in a filed
17return, or to pay any final assessment of tax, penalty or
18interest, as required by any tax Act administered by the
19Illinois Department of Revenue, until such time as the
20requirements of any such tax Act are satisfied.
21    (c) The Department shall revoke any the license or
22certificate of registration issued under the provisions of this
23Act or any prior Act of this State of any person who has been
24convicted a second time of committing any felony under the
25Illinois Controlled Substances Act, or who has been convicted a
26second time of committing a Class 1 felony under Sections 8A-3



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1and 8A-6 of the Illinois Public Aid Code. A person whose
2license or certificate of registration issued under the
3provisions of this Act or any prior Act of this State is
4revoked under this subsection (c) shall be prohibited from
5engaging in the practice of pharmacy in this State.
6    (d) Fines may be imposed in conjunction with other forms of
7disciplinary action, but shall not be the exclusive disposition
8of any disciplinary action arising out of conduct resulting in
9death or injury to a patient. Fines shall be paid within 60
10days or as otherwise agreed to by the Department. Any funds
11collected from such fines shall be deposited in the Illinois
12State Pharmacy Disciplinary Fund.
13    (e) The entry of an order or judgment by any circuit court
14establishing that any person holding a license or certificate
15under this Act is a person in need of mental treatment operates
16as a suspension of that license. A licensee may resume his or
17her practice only upon the entry of an order of the Department
18based upon a finding by the Board that he or she has been
19determined to be recovered from mental illness by the court and
20upon the Board's recommendation that the licensee be permitted
21to resume his or her practice.
22    (f) The Department shall issue quarterly to the Board a
23status of all complaints related to the profession received by
24the Department.
25    (g) In enforcing this Section, the Board or the Department,
26upon a showing of a possible violation, may compel any licensee



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1or applicant for licensure under this Act to submit to a mental
2or physical examination or both, as required by and at the
3expense of the Department. The examining physician, or
4multidisciplinary team involved in providing physical and
5mental examinations led by a physician consisting of one or a
6combination of licensed physicians, licensed clinical
7psychologists, licensed clinical social workers, licensed
8clinical professional counselors, and other professional and
9administrative staff, shall be those specifically designated
10by the Department. The Board or the Department may order the
11examining physician or any member of the multidisciplinary team
12to present testimony concerning this mental or physical
13examination of the licensee or applicant. No information,
14report, or other documents in any way related to the
15examination shall be excluded by reason of any common law or
16statutory privilege relating to communication between the
17licensee or applicant and the examining physician or any member
18of the multidisciplinary team. The individual to be examined
19may have, at his or her own expense, another physician of his
20or her choice present during all aspects of the examination.
21Failure of any individual to submit to a mental or physical
22examination when directed shall result in the automatic
23suspension be grounds for suspension of his or her license
24until such time as the individual submits to the examination if
25the Board finds, after notice and hearing, that the refusal to
26submit to the examination was without reasonable cause. If the



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1Board or Department finds a pharmacist, registered certified
2pharmacy technician, or registered pharmacy technician unable
3to practice because of the reasons set forth in this Section,
4the Board or Department shall require such pharmacist,
5registered certified pharmacy technician, or registered
6pharmacy technician to submit to care, counseling, or treatment
7by physicians or other appropriate health care providers
8approved or designated by the Department Board as a condition
9for continued, reinstated, or renewed licensure to practice.
10Any pharmacist, registered certified pharmacy technician, or
11registered pharmacy technician whose license was granted,
12continued, reinstated, renewed, disciplined, or supervised,
13subject to such terms, conditions, or restrictions, and who
14fails to comply with such terms, conditions, or restrictions or
15to complete a required program of care, counseling, or
16treatment, as determined by the chief pharmacy coordinator or a
17deputy pharmacy coordinator, shall be referred to the Secretary
18for a determination as to whether the licensee shall have his
19or her license suspended immediately, pending a hearing by the
20Board. In instances in which the Secretary immediately suspends
21a license under this subsection (g), a hearing upon such
22person's license must be convened by the Board within 15 days
23after such suspension and completed without appreciable delay.
24The Department and Board Board shall have the authority to
25review the subject pharmacist's, registered certified pharmacy
26technician's, or registered pharmacy technician's record of



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1treatment and counseling regarding the impairment.
2    (h) An individual or organization acting in good faith, and
3not in a willful and wanton manner, in complying with this
4Section by providing a report or other information to the
5Board, by assisting in the investigation or preparation of a
6report or information, by participating in proceedings of the
7Board, or by serving as a member of the Board shall not, as a
8result of such actions, be subject to criminal prosecution or
9civil damages.
10    (i) Members of the Board shall be indemnified by the State
11for any actions occurring within the scope of services on the
12Board, done in good faith, and not willful and wanton in
13nature. The Attorney General shall defend all such actions
14unless he or she determines either that there would be a
15conflict of interest in such representation or that the actions
16complained of were not in good faith or were willful and
18    If the Attorney General declines representation, the
19member shall have the right to employ counsel of his or her
20choice, whose fees shall be provided by the State, after
21approval by the Attorney General, unless there is a
22determination by a court that the member's actions were not in
23good faith or were willful and wanton.
24    The member must notify the Attorney General within 7 days
25of receipt of notice of the initiation of any action involving
26services of the Board. Failure to so notify the Attorney



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1General shall constitute an absolute waiver of the right to a
2defense and indemnification.
3    The Attorney General shall determine, within 7 days after
4receiving such notice, whether he or she will undertake to
5represent the member.
6(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
796-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
8    (225 ILCS 85/30.5)
9    (Section scheduled to be repealed on January 1, 2018)
10    Sec. 30.5. Suspension of license or certificate for failure
11to pay restitution. The Department, without further process or
12hearing, shall suspend the license issued under this Act or
13other authorization to practice of any person issued under this
14Act who has been certified by court order as not having paid
15restitution to a person under Section 8A-3.5 of the Illinois
16Public Aid Code or under Section 17-10.5 or 46-1 of the
17Criminal Code of 1961 or the Criminal Code of 2012. A person
18whose license or other authorization to practice is suspended
19under this Section is prohibited from practicing until the
20restitution is made in full.
21(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
22    (225 ILCS 85/32)  (from Ch. 111, par. 4152)
23    (Section scheduled to be repealed on January 1, 2018)
24    Sec. 32. The Department shall render no final



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1administrative decision relative to any application for a
2license or certificate of registration under this Act if the
3applicant for such license or certificate of registration is
4the subject of a pending disciplinary proceeding under this Act
5or another Act administered by the Department. For purposes of
6this Section "applicant" means an individual or sole
7proprietor, or an individual who is an officer, director or
8owner of a 5 percent or more beneficial interest of the
10(Source: P.A. 85-796.)
11    (225 ILCS 85/33)  (from Ch. 111, par. 4153)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 33. The Secretary Director of the Department may, upon
14receipt of a written communication from the Secretary of Human
15Services, the Director of Healthcare and Family Services
16(formerly Director of Public Aid), or the Director of Public
17Health that continuation of practice of a person licensed or
18registered under this Act constitutes an immediate danger to
19the public, immediately suspend the license or registration of
20such person without a hearing. In instances in which the
21Secretary Director immediately suspends a license or
22registration under this Act, a hearing upon such person's
23license must be convened by the Board within 15 days after such
24suspension and completed without appreciable delay, such
25hearing held to determine whether to recommend to the Secretary



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1Director that the person's license be revoked, suspended,
2placed on probationary status or reinstated, or such person be
3subject to other disciplinary action. In such hearing, the
4written communication and any other evidence submitted
5therewith may be introduced as evidence against such person;
6provided however, the person, or his counsel, shall have the
7opportunity to discredit or impeach such evidence and submit
8evidence rebutting same.
9(Source: P.A. 95-331, eff. 8-21-07.)
10    (225 ILCS 85/34)  (from Ch. 111, par. 4154)
11    (Section scheduled to be repealed on January 1, 2018)
12    Sec. 34. The determination by a circuit court that a
13licensee is subject to involuntary admission or judicial
14admission as provided in the "Mental Health and Developmental
15Disabilities Code", approved September 5, 1978, as now or
16hereafter amended operates as an automatic suspension. Such
17suspension will end only upon a finding by a court that the
18patient is no longer subject to involuntary admission or
19judicial admission and issues an order so finding and
20discharging the patient; and upon the recommendation of the
21Board to the Department Director that the licensee be allowed
22to resume his practice.
23(Source: P.A. 85-796.)
24    (225 ILCS 85/35.1)  (from Ch. 111, par. 4155.1)



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1    (Section scheduled to be repealed on January 1, 2018)
2    Sec. 35.1. (a) If any person violates the provision of this
3Act, the Secretary Director may, in the name of the People of
4the State of Illinois, through the Attorney General of the
5State of Illinois, or the State's Attorney of any county in
6which the action is brought, petition, for an order enjoining
7such violation or for an order enforcing compliance with this
8Act. Upon the filing of a verified petition in such court, the
9court may issue a temporary restraining order, without notice
10or bond, and may preliminarily and permanently enjoin such
11violation, and if it is established that such person has
12violated or is violating the injunction, the Court may punish
13the offender for contempt of court. Proceedings under this
14Section shall be in addition to, and not in lieu of, all other
15remedies and penalties provided by this Act.
16    (b) If any person shall practice as a pharmacist or hold
17himself out as a pharmacist or operate a pharmacy or drugstore,
18including a nonresident pharmacy under Section 16a, without
19being licensed under the provisions of this Act, then any
20licensed pharmacist, any interested party or any person injured
21thereby may, in addition to the Secretary Director, petition
22for relief as provided in subsection (a) of this Section.
23    Whoever knowingly practices or offers to practice in this
24State without being appropriately licensed or registered under
25this Act shall be guilty of a Class A misdemeanor and for each
26subsequent conviction, shall be guilty of a Class 4 felony.



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1    (c) Whenever in the opinion of the Department any person
2not licensed in good standing under this Act violates any
3provision of this Act, the Department may issue a rule to show
4cause why an order to cease and desist should not be entered
5against him. The rule shall clearly set forth the grounds
6relied upon by the Department and shall provide a period of 7
7days from the date of the rule to file an answer to the
8satisfaction of the Department. Failure to answer to the
9satisfaction of the Department shall cause an order to cease
10and desist to be issued forthwith.
11(Source: P.A. 95-689, eff. 10-29-07.)
12    (225 ILCS 85/35.2)  (from Ch. 111, par. 4155.2)
13    (Section scheduled to be repealed on January 1, 2018)
14    Sec. 35.2. The Department's pharmacy investigators may
15investigate the actions of any applicant or of any person or
16persons holding or claiming to hold a license or registration.
17The Department shall, before suspending, revoking, placing on
18probationary status, or taking any other disciplinary or
19non-disciplinary action as the Department may deem proper with
20regard to any license or certificate, at least 30 days prior to
21the date set for the hearing, notify the accused in writing of
22any charges made and the time and place for a hearing of the
23charges before the Board, direct him or her to file his or her
24written answer thereto to the Board under oath within 20 days
25after the service on him or her of such notice and inform him



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1or her that if he or she fails to file such answer default will
2be taken against him or her and his or her license or
3certificate may be suspended, revoked, placed on probationary
4status, or have other disciplinary action, including limiting
5the scope, nature or extent of his or her practice, provided
6for herein. Such written notice may be served by personal
7delivery, email to the respondent's email address of record, or
8certified or registered mail to the respondent at his or her
9address of record. At the time and place fixed in the notice,
10the Board shall proceed to hear the charges and the parties or
11their counsel shall be accorded ample opportunity to present
12such statements, testimony, evidence and argument as may be
13pertinent to the charges or to the defense thereto. Such
14hearing may be continued from time to time. In case the accused
15person, after receiving notice, fails to file an answer, his or
16her license or certificate may, in the discretion of the
17Secretary Director, having received first the recommendation
18of the Board, be suspended, revoked, placed on probationary
19status, or the Secretary Director may take whatever
20disciplinary action as he or she may deem proper as provided
21herein, including limiting the scope, nature, or extent of said
22person's practice, without a hearing, if the act or acts
23charged constitute sufficient grounds for such action under
24this Act.
25(Source: P.A. 95-689, eff. 10-29-07.)



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1    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)
2    (Section scheduled to be repealed on January 1, 2018)
3    Sec. 35.5. The Department shall have power to subpoena and
4bring before it any person in this State and to take testimony,
5either orally or by deposition or both, with the same fees and
6mileage and in the same manner as prescribed by law in judicial
7proceedings in civil cases in circuit courts of this State. The
8Department may subpoena and compel the production of documents,
9papers, files, books, and records in connection with any
10hearing or investigation.
11    The Secretary Director, and any member of the Board, shall
12each have power to administer oaths to witnesses at any hearing
13which the Department is authorized to conduct under this Act,
14and any other oaths required or authorized to be administered
15by the Department hereunder.
16(Source: P.A. 95-689, eff. 10-29-07.)
17    (225 ILCS 85/35.6)  (from Ch. 111, par. 4155.6)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 35.6. At the conclusion of the hearing, the Board
20shall present to the Secretary Director a written report of its
21findings of fact, conclusions of law, and recommendations. The
22report shall contain a finding whether or not the accused
23person violated this Act or failed to comply with the
24conditions required in this Act. The Board shall specify the
25nature of the violation or failure to comply, and shall make



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1its recommendations to the Secretary Director.
2    The report of findings of fact, conclusions of law, and
3recommendations of the Board shall be the basis for the
4Department's order or refusal or for the granting of a license
5or registration. The finding is not admissible in evidence
6against the person in a criminal prosecution brought for the
7violation of this Act, but the hearing and finding are not a
8bar to a criminal prosecution brought for the violation of this
10(Source: P.A. 85-796.)
11    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
12    (Section scheduled to be repealed on January 1, 2018)
13    Sec. 35.7. Notwithstanding the provisions of Section 35.6
14of this Act, the Secretary Director shall have the authority to
15appoint any attorney duly licensed to practice law in the State
16of Illinois to serve as the hearing officer in any action
17before the Board for refusal to issue, renew, or discipline of
18a license or certificate. The Director shall notify the Board
19of any such appointment. The hearing officer shall have full
20authority to conduct the hearing. There may shall be present at
21least one or more members member of the Board at any such
22hearing. The hearing officer shall report his findings of fact,
23conclusions of law and recommendations to the Board and the
24Secretary Director. The Board shall have 60 days from receipt
25of the report to review the report of the hearing officer and



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1present their findings of fact, conclusions of law, and
2recommendations to the Secretary Director. If the Board fails
3to present its report within the 60-day 60 day period, the
4respondent may request in writing a direct appeal to the
5Secretary, in which case the Secretary may shall, within 7
6calendar days after the request, issue an order directing the
7Board to issue its findings of fact, conclusions of law, and
8recommendations to the Secretary within 30 calendar days after
9such order. If the Board fails to issue its findings of fact,
10conclusions of law, and recommendations within that time frame
11to the Secretary after the entry of such order, the Secretary
12shall, within 30 calendar days thereafter, issue an order based
13upon the report of the hearing officer and the record of the
14proceedings or issue an order remanding the matter back to the
15hearing officer for additional proceedings in accordance with
16the order. If (i) a direct appeal is requested, (ii) the Board
17fails to issue its findings of fact, conclusions of law, and
18recommendations within the 30-day mandate from the Secretary or
19the Secretary fails to order the Board to do so, and (iii) the
20Secretary fails to issue an order within 30 calendar days
21thereafter, then the hearing officer's report is deemed
22accepted and a final decision of the Secretary. Notwithstanding
23any other provision of this Section, if the Secretary, upon
24review, determines that substantial justice has not been done
25in the revocation, suspension, or refusal to issue or renew a
26license or other disciplinary action taken as the result of the



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1entry of the hearing officer's report, the Secretary may order
2a rehearing by the same or other examiners. If the Secretary
3disagrees with the recommendation of the Board or the hearing
4officer, the Secretary may issue an order in contravention of
5the recommendation.
6(Source: P.A. 95-689, eff. 10-29-07.)
7    (225 ILCS 85/35.8)  (from Ch. 111, par. 4155.8)
8    (Section scheduled to be repealed on January 1, 2018)
9    Sec. 35.8. In any case involving the refusal to issue,
10renew or discipline of a license or registration, a copy of the
11Board's report shall be served upon the respondent by the
12Department, either personally or as provided in this Act for
13the service of the notice of hearing. Within 20 days after such
14service, the respondent may present to the Department a motion
15in writing for a rehearing, which motion shall specify the
16particular grounds therefor. If no motion for rehearing is
17filed, then upon the expiration of the time specified for
18filing such a motion, or if a motion for rehearing is denied,
19then upon such denial the Secretary Director may enter an order
20in accordance with recommendations of the Board except as
21provided in Section 35.6 or 35.7 of this Act. If the respondent
22shall order from the reporting service, and pay for a
23transcript of the record within the time for filing a motion
24for rehearing, the 20-day 20 day period within which such a
25motion may be filed shall commence upon the delivery of the



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1transcript to the respondent.
2(Source: P.A. 85-796.)
3    (225 ILCS 85/35.12)  (from Ch. 111, par. 4155.12)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 35.12. Notwithstanding the provisions herein
6concerning the conduct of hearings and recommendations for
7disciplinary actions, the Secretary Director shall have the
8authority to negotiate agreements with licensees and
9registrants resulting in disciplinary consent orders provided
10a Board member is present and the discipline is recommended by
11a the Board member. Such consent orders may provide for any of
12the forms of discipline otherwise provided herein or any other
13disciplinary or non-disciplinary action the parties agree to.
14Such consent orders shall provide that they were not entered
15into as a result of any coercion by the Department.
16(Source: P.A. 95-689, eff. 10-29-07.)
17    (225 ILCS 85/35.13)  (from Ch. 111, par. 4155.13)
18    (Section scheduled to be repealed on January 1, 2018)
19    Sec. 35.13. Order or certified copy; prima facie proof. An
20order or a certified copy thereof, over the seal of the
21Department and purporting to be signed by the Secretary
22Director, shall be prima facie proof that:
23        (a) the signature is the genuine signature of the
24    Secretary Director;



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1        (b) the Secretary Director is duly appointed and
2    qualified; and
3        (c) the Board and the members thereof are qualified to
4    act.
5(Source: P.A. 91-357, eff. 7-29-99.)
6    (225 ILCS 85/35.14)  (from Ch. 111, par. 4155.14)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 35.14. At any time after the successful completion of
9a term of probation, suspension, or revocation of any license
10certificate, the Department may restore it to the accused
11person without examination, upon the written recommendation of
12the Board. A license that has been suspended or revoked shall
13be considered nonrenewed for purposes of restoration and a
14person restoring his or her license from suspension or
15revocation must comply with the requirements for restoration of
16a nonrenewed license as set forth in Section 12 of this Act and
17any related rules adopted.
18(Source: P.A. 85-796.)
19    (225 ILCS 85/35.15)  (from Ch. 111, par. 4155.15)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 35.15. Upon the revocation or suspension of any
22license or registration, the holder shall forthwith surrender
23the license license(s) or registration(s) to the Department and
24if the licensee fails to do so, the Department shall have the



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1right to seize the license license(s) or certificate(s).
2(Source: P.A. 85-796.)
3    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 35.16. The Secretary may temporarily suspend the
6license of a pharmacist, or pharmacy, registered or the
7registration of a pharmacy technician, or registered certified
8pharmacy technician, without a hearing, simultaneously with
9the institution of proceedings for a hearing provided for in
10Section 35.2 of this Act, if the Secretary finds that evidence
11in his possession indicates that a continuation in practice
12would constitute an imminent danger to the public. In the event
13that the Secretary suspends, temporarily, this license or
14registration without a hearing, a hearing by the Department
15must be held within 15 days after such suspension has occurred,
16and be concluded without appreciable delay.
17(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
18    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 35.18. Certification of record. The Department shall
21not be required to certify any record to the court, or to file
22an any answer in court, or to otherwise appear in any court in
23a judicial review proceeding, unless and until the Department
24has received from the plaintiff there is filed in the court,



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1with the complaint, a receipt from the Department acknowledging
2payment of the costs of furnishing and certifying the record,
3which costs shall be determined by the Department. Exhibits
4shall be certified without cost. Failure on the part of the
5plaintiff to file a receipt in court shall be grounds for
6dismissal of the action. During the pendency and hearing of any
7and all judicial proceedings incident to the disciplinary
8action the sanctions imposed upon the accused by the Department
9because of acts or omissions related to the delivery of direct
10patient care as specified in the Department's final
11administrative decision, shall, as a matter of public policy,
12remain in full force and effect in order to protect the public
13pending final resolution of any of the proceedings.
14(Source: P.A. 87-1031.)
15    (225 ILCS 85/35.20 new)
16    Sec. 35.20. Confidentiality. All information collected by
17the Department in the course of an examination or investigation
18of a licensee or applicant, including, but not limited to, any
19complaint against a licensee filed with the Department and
20information collected to investigate any such complaint, shall
21be maintained for the confidential use of the Department and
22shall not be disclosed. The Department may not disclose the
23information to anyone other than law enforcement officials,
24other regulatory agencies that have an appropriate regulatory
25interest as determined by the Secretary, or to a party



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1presenting a lawful subpoena to the Department. Information and
2documents disclosed to a federal, State, county, or local law
3enforcement agency shall not be disclosed by the agency for any
4purpose to any other agency or person. A formal complaint filed
5against a licensee by the Department or any order issued by the
6Department against a licensee or applicant shall be a public
7record, except as otherwise prohibited by law.
8    (225 ILCS 85/35.21 new)
9    Sec. 35.21. Citations.
10    (a) The Department shall adopt rules to permit the issuance
11of citations to any licensee for any violation of this Act or
12the rules. The citation shall be issued to the licensee or
13other person alleged to have committed one or more violations
14and shall contain the licensee's or other person's name and
15address, the licensee's license number, if any, a brief factual
16statement, the Sections of this Act or the rules allegedly
17violated, and the penalty imposed, which shall not exceed
18$1,000. The citation must clearly state that if the cited
19person wishes to dispute the citation, he or she may request in
20writing, within 30 days after the citation is served, a hearing
21before the Department. If the cited person does not request a
22hearing within 30 days after the citation is served, then the
23citation shall become a final, non-disciplinary order and any
24fine imposed is due and payable. If the cited person requests a
25hearing within 30 days after the citation is served, the



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1Department shall afford the cited person a hearing conducted in
2the same manner as a hearing provided in this Act for any
3violation of this Act and shall determine whether the cited
4person committed the violation as charged and whether the fine
5as levied is warranted. If the violation is found, any fine
6shall constitute discipline and be due and payable within 30
7days of the order of the Secretary. Failure to comply with any
8final order may subject the licensed person to further
9discipline or other action by the Department or a referral to
10the State's Attorney.
11    (b) A citation must be issued within 6 months after the
12reporting of a violation that is the basis for the citation.
13    (c) Service of a citation shall be made in person,
14electronically, or by mail to the licensee at the licensee's
15address of record or email address of record.
16    (d) Nothing in this Section shall prohibit or limit the
17Department from taking further action pursuant to this Act and
18rules for additional, repeated, or continuing violations.
19    (225 ILCS 85/36)  (from Ch. 111, par. 4156)
20    (Section scheduled to be repealed on January 1, 2018)
21    Sec. 36. Illinois Administrative Procedure Act. The
22Illinois Administrative Procedure Act is hereby expressly
23adopted and incorporated herein as if all of the provisions of
24that Act were included in this Act, except that the provision
25of subsection (d) of Section 10-65 of the Illinois



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1Administrative Procedure Act that provides that at hearings the
2licensee has the right to show compliance with all lawful
3requirements for retention, continuation or renewal of the
4license is specifically excluded. For the purpose of this Act,
5the notice required under Section 10-25 of the Illinois
6Administrative Procedure Act is deemed sufficient when
7personally served, mailed to the address of record of the
8applicant or licensee, or emailed to the email address of
9record of the applicant or licensee last known address of a
11(Source: P.A. 88-45.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.