Full Text of HB2768 94th General Assembly
HB2768ham001 94TH GENERAL ASSEMBLY
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Rep. Ron Stephens
Filed: 3/15/2005
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09400HB2768ham001 |
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LRB094 07808 RAS 42770 a |
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| AMENDMENT TO HOUSE BILL 2768
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| AMENDMENT NO. ______. Amend House Bill 2768 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Pharmacy Practice Act of 1987 is amended by | 5 |
| changing Section 15 and by adding Section 24.5 as follows:
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| (225 ILCS 85/15) (from Ch. 111, par. 4135)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Pharmacy requirements. It shall be unlawful
for | 9 |
| the owner of any pharmacy, as defined in this Act, to operate | 10 |
| or conduct
the same, or to allow the same to be
operated or | 11 |
| conducted, unless:
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| (a) It has a licensed pharmacist, authorized to practice | 13 |
| pharmacy
in this State under the provisions of this Act, on | 14 |
| duty whenever the
practice of pharmacy is conducted;
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| (b) Security provisions for all drugs and devices, as | 16 |
| determined by
rule of the Department, are provided during the | 17 |
| absence from the licensed
pharmacy of all licensed pharmacists. | 18 |
| Maintenance of security provisions
is the responsibility of the | 19 |
| licensed registered pharmacist in charge;
and
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| (c) The pharmacy is licensed under this Act to do business.
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| The Department shall, by rule, provide requirements for | 22 |
| each division
of pharmacy license and shall, as well provide | 23 |
| guidelines for the designation
of a registered pharmacist in | 24 |
| charge for each division.
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| Division I. Retail Licenses for pharmacies which are open | 2 |
| to, or offer
pharmacy services to, the general public.
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| Division II. Licenses for pharmacies whose primary | 4 |
| pharmacy service
is provided to patients or residents of | 5 |
| facilities licensed under the
Nursing Home Care Act or the | 6 |
| Hospital Licensing Act,
or "An Act in relation to the
founding | 7 |
| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 9 |
| approved July 3,
1931, as amended,
and which are not located in | 10 |
| the facilities they serve.
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| Division III. Licenses for pharmacies which are located in | 12 |
| a facility
licensed under the Nursing Home Care Act or the | 13 |
| Hospital
Licensing Act,
or "An Act in relation to the
founding | 14 |
| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 16 |
| approved July 3,
1931, as amended,
or a facility which is | 17 |
| operated by the Department of Human
Services (as successor to | 18 |
| the Department of Mental Health
and Developmental | 19 |
| Disabilities) or the Department of Corrections,
and which | 20 |
| provide pharmacy services to residents or patients of the
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| facility, as well as employees, prescribers and students of the | 22 |
| facility.
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| Division IV. Licenses for pharmacies which provide or offer | 24 |
| for sale
radioactive materials.
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| Division V. Licenses for pharmacies which hold licenses in | 26 |
| Division
II or Division III which also provide pharmacy | 27 |
| services to the general
public, or pharmacies which are located | 28 |
| in or whose primary pharmacy
service is to ambulatory care | 29 |
| facilities or schools of veterinary medicine
or other such | 30 |
| institution or facility.
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| Division VI. Licenses for pharmacies that provide drug | 32 |
| reviews, medication therapy management, and other | 33 |
| pharmaceutical care services. Pharmacists practicing in | 34 |
| Division VI pharmacies shall not purchase, stock, sell, or |
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| dispense drugs. Nothing in this paragraph shall limit the | 2 |
| practice of pharmacy or provision of pharmaceutical care by a | 3 |
| pharmacist practicing in pharmacies licensed under Division I, | 4 |
| II, III, IV, or V.
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| The Director may waive the requirement for a pharmacist to | 6 |
| be on duty
at all times for State facilities not treating human | 7 |
| ailments.
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| It shall be unlawful for any person, who is not a licensed | 9 |
| pharmacy
or health care facility, to purport to be such or to | 10 |
| use in name, title,
or sign designating, or in connection with | 11 |
| that place of business,
any of the words: "pharmacy", | 12 |
| "pharmacist", "pharmacy department",
"apothecary", "druggist", | 13 |
| "drug", "drugs", "medicines", "medicine store",
"drug | 14 |
| sundries", "prescriptions filled", or any list of words | 15 |
| indicating
that drugs are compounded or sold to the lay public, | 16 |
| or prescriptions
are dispensed therein. Each day during which, | 17 |
| or a part which, such
representation is made or appears or such | 18 |
| a sign is allowed to remain
upon or in such a place of business | 19 |
| shall constitute a separate offense
under this Act.
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| The holder of any license or certificate of registration | 21 |
| shall conspicuously
display it in the pharmacy in which he is | 22 |
| engaged in the practice of
pharmacy. The registered pharmacist | 23 |
| in charge shall conspicuously
display his name in such | 24 |
| pharmacy. The pharmacy license shall also
be conspicuously | 25 |
| displayed.
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| (Source: P.A. 92-880, eff. 1-1-04.)
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| (225 ILCS 85/24.5 new) | 28 |
| Sec. 24.5. Sale of prescription drugs at best price. If a | 29 |
| wholesale drug distributor or pharmacy benefit manager has | 30 |
| entered into a contract with the State to sell or negotiate the | 31 |
| sale of a prescription drug to the State at a particular price, | 32 |
| then, upon the request of any pharmacy domiciled in this State, | 33 |
| the wholesale drug distributor or pharmacy benefit manager must |
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| disclose that price and make that prescription drug available | 2 |
| to the pharmacy at that same price during the period that the | 3 |
| contract with the State is in effect, regardless of the | 4 |
| quantity of the drug purchased by the pharmacy. This Section | 5 |
| applies only to contracts for the sale of prescription drugs | 6 |
| entered into between a pharmacy and a wholesale drug | 7 |
| distributor or pharmacy benefit manager on or after the | 8 |
| effective date of this amendatory Act of the 94th General | 9 |
| Assembly.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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