Illinois General Assembly - Full Text of SB0509
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Full Text of SB0509  95th General Assembly

SB0509ham008 95TH GENERAL ASSEMBLY

Rep. John E. Bradley

Filed: 7/13/2007

 

 


 

 


 
09500SB0509ham008 LRB095 10560 RAS 38071 a

1
AMENDMENT TO SENATE BILL 509

2     AMENDMENT NO. ______. Amend Senate Bill 509, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 6, as follows:
 
5 by replacing line 25 on page 97 through line 2 on page 98 with
6 the following:
7 "technicians.
8     (f) A pharmacy, manufacturer of controlled substances, or
9 wholesale distributor of controlled substances that is
10 licensed under this Act and owned and operated by the State is
11 exempt from licensure, registration, renewal, and other fees
12 required under this Act.
13     Pharmacists and pharmacy technicians working in facilities
14 owned and operated by the State are not exempt from the payment
15 of fees required by this Act and any rules adopted under this
16 Act.
17     Nothing in this subsection (f) shall be construed to

 

 

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1 prohibit the Department from imposing any fine or other penalty
2 allowed under this Act. The State Board of Pharmacy shall,
3 pursuant to all provisions of the Illinois Procurement Code,
4 determine how and to whom the money set aside under this
5 subsection is disbursed.
6     (G) (Blank)."; and
 
7 on page 114, line 21, by replacing "and 25," with "25, and 35";
8 and
 
9 on page 135, immediately below line 24, by inserting the
10 following:
 
11     "(225 ILCS 120/35)  (from Ch. 111, par. 8301-35)
12     (Section scheduled to be repealed on January 1, 2013)
13     Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
14     (a) The Department shall provide by rule for a schedule of
15 fees for the administration and enforcement of this Act,
16 including but not limited to original licensure, renewal, and
17 restoration. The fees shall be nonrefundable.
18     (b) All fees collected under this Act shall be deposited
19 into the Illinois State Pharmacy Disciplinary Fund and shall be
20 appropriated to the Department for the ordinary and contingent
21 expenses of the Department in the administration of this Act.
22 Moneys in the Fund may be transferred to the Professions
23 Indirect Cost Fund as authorized by Section 2105-300 of the

 

 

09500SB0509ham008 - 3 - LRB095 10560 RAS 38071 a

1 Department of Professional Regulation Law (20 ILCS
2 2105/2105-300).
3     The moneys deposited into the Illinois State Pharmacy
4 Disciplinary Fund shall be invested to earn interest which
5 shall accrue to the Fund.
6     The Department shall present to the Board for its review
7 and comment all appropriation requests from the Illinois State
8 Pharmacy Disciplinary Fund. The Department shall give due
9 consideration to any comments of the Board in making
10 appropriation requests.
11     (c) Any person who delivers a check or other payment to the
12 Department that is returned to the Department unpaid by the
13 financial institution upon which it is drawn shall pay to the
14 Department, in addition to the amount already owed to the
15 Department, a fine of $50. The fines imposed by this Section
16 are in addition to any other discipline provided under this Act
17 for unlicensed practice or practice on a nonrenewed license.
18 The Department shall notify the person that payment of fees and
19 fines shall be paid to the Department by certified check or
20 money order within 30 calendar days of the notification. If,
21 after the expiration of 30 days from the date of the
22 notification, the person has failed to submit the necessary
23 remittance, the Department shall automatically terminate the
24 license or certificate or deny the application, without
25 hearing. If, after termination or denial, the person seeks a
26 license or certificate, he or she shall apply to the Department

 

 

09500SB0509ham008 - 4 - LRB095 10560 RAS 38071 a

1 for restoration or issuance of the license or certificate and
2 pay all fees and fines due to the Department. The Department
3 may establish a fee for the processing of an application for
4 restoration of a license or certificate to pay all expenses of
5 processing this application. The Director may waive the fines
6 due under this Section in individual cases where the Director
7 finds that the fines would be unreasonable or unnecessarily
8 burdensome.
9     (d) The Department shall maintain a roster of the names and
10 addresses of all registrants and of all persons whose licenses
11 have been suspended or revoked. This roster shall be available
12 upon written request and payment of the required fee.
13     (e) A manufacturer of controlled substances or wholesale
14 distributor of controlled substances that is licensed under
15 this Act and owned and operated by the State is exempt from
16 licensure, registration, renewal, and other fees required
17 under this Act. Nothing in this subsection (e) shall be
18 construed to prohibit the Department from imposing any fine or
19 other penalty allowed under this Act.
20 (Source: P.A. 91-239, eff. 1-1-00; 92-146, eff. 1-1-02; 92-586,
21 eff. 6-26-02.)"; and
 
22 on page 165, line 4, by replacing "Section 102" with "Sections
23 102, 103, 301, and 309"; and
 
24 on page 179, by deleting lines 7 and 8; and
 

 

 

09500SB0509ham008 - 5 - LRB095 10560 RAS 38071 a

1 on page 179, immediately below line 14, by inserting the
2 following:
 
3     "(720 ILCS 570/301)  (from Ch. 56 1/2, par. 1301)
4     Sec. 301. The Department of Professional Regulation shall
5 promulgate rules and charge reasonable fees and fines relating
6 to the registration and control of the manufacture,
7 distribution, and dispensing of controlled substances within
8 this State. All moneys received by the Department of
9 Professional Regulation under this Act shall be deposited into
10 the respective professional dedicated funds in like manner as
11 the primary professional licenses.
12     A pharmacy, manufacturer of controlled substances, or
13 wholesale distributor of controlled substances that is
14 regulated under this Act and owned and operated by the State is
15 exempt from fees required under this Act. Pharmacists and
16 pharmacy technicians working in facilities owned and operated
17 by the State are not exempt from the payment of fees required
18 by this Act and any rules adopted under this Act. Nothing in
19 this Section shall be construed to prohibit the Department from
20 imposing any fine or other penalty allowed under this Act.
21 (Source: P.A. 89-204, eff. 1-1-96.)
 
22     (720 ILCS 570/309)  (from Ch. 56 1/2, par. 1309)
23     Sec. 309. On or after April 1, 2000, no person shall issue

 

 

09500SB0509ham008 - 6 - LRB095 10560 RAS 38071 a

1 a prescription for a Schedule II controlled substance, which is
2 a narcotic drug listed in Section 206 of this Act; or which
3 contains any quantity of amphetamine or methamphetamine, their
4 salts, optical isomers or salts of optical isomers;
5 phenmetrazine and its salts; gluthethimide; and pentazocine,
6 other than on a written prescription; provided that in the case
7 of an emergency, epidemic or a sudden or unforeseen accident or
8 calamity, the prescriber may issue a lawful oral prescription
9 where failure to issue such a prescription might result in loss
10 of life or intense suffering, but such oral prescription shall
11 include a statement by the prescriber concerning the accident
12 or calamity, or circumstances constituting the emergency, the
13 cause for which an oral prescription was used. Within 7 days
14 after issuing an emergency prescription, the prescriber shall
15 cause a written prescription for the emergency quantity
16 prescribed to be delivered to the dispensing pharmacist. The
17 prescription shall have written on its face "Authorization for
18 Emergency Dispensing", and the date of the emergency
19 prescription. The written prescription may be delivered to the
20 pharmacist in person, or by mail, but if delivered by mail it
21 must be postmarked within the 7-day period. Upon receipt, the
22 dispensing pharmacist shall attach this prescription to the
23 emergency oral prescription earlier received and reduced to
24 writing. The dispensing pharmacist shall notify the Department
25 of Human Services if the prescriber fails to deliver the
26 authorization for emergency dispensing on the prescription to

 

 

09500SB0509ham008 - 7 - LRB095 10560 RAS 38071 a

1 him. Failure of the dispensing pharmacist to do so shall void
2 the authority conferred by this paragraph to dispense without a
3 written prescription of a prescriber. All prescriptions issued
4 for Schedule II controlled substances shall include both a
5 written and numerical notation of quantity on the face of the
6 prescription. No prescription for a Schedule II controlled
7 substance may be refilled. The Department shall provide, at no
8 cost, audit reviews and necessary information to the Department
9 of Professional Regulation in conjunction with ongoing
10 investigations being conducted in whole or part by the
11 Department of Professional Regulation.
12 (Source: P.A. 91-576, eff. 4-1-00; 91-714, eff. 6-2-00.)".