Full Text of SB1443 96th General Assembly
SB1443 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1443
Introduced 2/18/2009, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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210 ILCS 85/3 |
from Ch. 111 1/2, par. 144 |
225 ILCS 85/15 |
from Ch. 111, par. 4135 |
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Amends the Hospital Licensing Act. Provides that the term "hospital" does not include animal hospitals or animal care facilities maintained by any university or college established under the laws of this State and supported by public funds raised by taxation. Amends the Pharmacy Practice Act. Provides that the Secretary's waiver of the requirement that a pharmacist be on duty at all times for State facilities not treating human ailments shall remain in effect until it is rescinded by the Secretary and the Department provides written notice of the rescission to the State facility. Effective immediately.
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A BILL FOR
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SB1443 |
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LRB096 08942 ASK 19080 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Hospital Licensing Act is amended by | 5 |
| changing Section 3 as follows:
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| (210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
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| Sec. 3. As used in this Act:
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| (A) "Hospital" means any institution, place, building, or | 9 |
| agency, public
or private, whether organized for profit or not, | 10 |
| devoted primarily to the
maintenance and operation of | 11 |
| facilities for the diagnosis and treatment or
care of 2 or more | 12 |
| unrelated persons admitted for overnight stay or longer
in | 13 |
| order to obtain medical, including obstetric, psychiatric and | 14 |
| nursing,
care of illness, disease, injury, infirmity, or | 15 |
| deformity.
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| The term "hospital", without regard to length of stay, | 17 |
| shall also
include:
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| (a) any facility which is devoted primarily to | 19 |
| providing psychiatric and
related services and programs | 20 |
| for the diagnosis and treatment or care of
2 or more | 21 |
| unrelated persons suffering from emotional or nervous | 22 |
| diseases;
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| (b) all places where pregnant females are received, |
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| cared for, or
treated during delivery irrespective of the | 2 |
| number of patients received.
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| The term "hospital" includes general and specialized | 4 |
| hospitals,
tuberculosis sanitaria, mental or psychiatric | 5 |
| hospitals and sanitaria, and
includes maternity homes, | 6 |
| lying-in homes, and homes for unwed mothers in
which care is | 7 |
| given during delivery.
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| The term "hospital" does not include:
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| (1) any person or institution
required to be licensed | 10 |
| pursuant to the Nursing Home Care Act, as amended;
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| (2) hospitalization or care facilities maintained by | 12 |
| the State or any
department or agency thereof, where such | 13 |
| department or agency has authority
under law to establish | 14 |
| and enforce standards for the hospitalization or
care | 15 |
| facilities under its management and control;
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| (3) hospitalization or care facilities maintained by | 17 |
| the federal
government or agencies thereof;
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| (4) hospitalization or care facilities , either animal | 19 |
| or human, maintained by any university or
college | 20 |
| established under the laws of this State and supported | 21 |
| principally
by public funds raised by taxation;
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| (5) any person or facility required to be licensed | 23 |
| pursuant to the
Alcoholism and Other Drug Abuse and | 24 |
| Dependency Act;
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| (6) any facility operated solely by and for persons who | 26 |
| rely
exclusively upon treatment by spiritual means through |
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| prayer, in accordance
with the creed or tenets of any | 2 |
| well-recognized church or religious
denomination; or
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| (7) An Alzheimer's disease management center | 4 |
| alternative health care
model licensed under the | 5 |
| Alternative Health Care Delivery Act.
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| (B) "Person" means the State, and any political subdivision | 7 |
| or municipal
corporation, individual, firm, partnership, | 8 |
| corporation, company,
association, or joint stock association, | 9 |
| or the legal successor thereof.
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| (C) "Department" means the Department of Public Health of | 11 |
| the State of
Illinois.
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| (D) "Director" means the Director of Public Health of
the | 13 |
| State of Illinois.
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| (E) "Perinatal" means the period of time
between the | 15 |
| conception of an
infant and the end of the first month after | 16 |
| birth.
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| (F) "Federally designated organ procurement agency" means | 18 |
| the organ
procurement agency designated by the Secretary of the | 19 |
| U.S. Department of Health
and Human Services for the service | 20 |
| area in which a hospital is located; except
that in the case of | 21 |
| a hospital located in a county adjacent to Wisconsin
which | 22 |
| currently contracts with an organ procurement agency located in | 23 |
| Wisconsin
that is not the organ procurement agency designated | 24 |
| by the U.S. Secretary of
Health and Human Services for the | 25 |
| service area in which the hospital is
located, if the hospital | 26 |
| applies for a waiver pursuant to 42 USC
1320b-8(a), it may |
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| designate an organ procurement agency
located in Wisconsin to | 2 |
| be thereafter deemed its federally designated organ
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| procurement agency for the purposes of this Act.
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| (G) "Tissue bank" means any facility or program operating | 5 |
| in Illinois
that is certified by the American Association of | 6 |
| Tissue Banks or the Eye Bank
Association of America and is | 7 |
| involved in procuring, furnishing, donating,
or distributing | 8 |
| corneas, bones, or other human tissue for the purpose of
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| injecting, transfusing, or transplanting any of them into the | 10 |
| human body.
"Tissue bank" does not include a licensed blood | 11 |
| bank. For the purposes of this
Act, "tissue" does not include | 12 |
| organs.
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| (Source: P.A. 91-838, eff. 6-16-00.)
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| Section 10. The Pharmacy Practice Act is amended by | 15 |
| changing Section 15 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, 2018)
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| Sec. 15. Pharmacy requirements. It shall be unlawful
for | 19 |
| the owner of any pharmacy, as defined in this Act, to operate | 20 |
| or conduct
the same, or to allow the same to be
operated or | 21 |
| conducted, unless:
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| (a) It has a licensed pharmacist, authorized to practice | 23 |
| pharmacy
in this State under the provisions of this Act, on | 24 |
| duty whenever the
practice of pharmacy is conducted;
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| (b) Security provisions for all drugs and devices, as | 2 |
| determined by
rule of the Department, are provided during the | 3 |
| absence from the licensed
pharmacy of all licensed pharmacists. | 4 |
| Maintenance of security provisions
is the responsibility of the | 5 |
| licensed pharmacist in charge;
and
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| (c) The pharmacy is licensed under this Act to conduct the | 7 |
| practice of pharmacy in any and all forms from the physical | 8 |
| address of the pharmacy's primary inventory where U.S. mail is | 9 |
| delivered. If a facility, company, or organization operates | 10 |
| multiple pharmacies from multiple physical addresses, a | 11 |
| separate pharmacy license is required for each different | 12 |
| physical address
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| (d) The Department may allow a pharmacy that is not located | 14 |
| at the same location as its home pharmacy and at which pharmacy | 15 |
| services are provided during an emergency situation, as defined | 16 |
| by rule, to be operated as an emergency remote pharmacy. An | 17 |
| emergency remote pharmacy operating under this subsection (d) | 18 |
| shall operate under the license of the home pharmacy.
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| The Secretary Director may waive the requirement for a | 20 |
| pharmacist to be on duty
at all times for State facilities not | 21 |
| treating human ailments. This waiver of the requirement remains | 22 |
| in effect until it is rescinded by the Secretary and the | 23 |
| Department provides written notice of the rescission to the | 24 |
| State facility.
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| It shall be unlawful for any person, who is not a licensed | 26 |
| pharmacy
or health care facility, to purport to be such or to |
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| use in name, title,
or sign designating, or in connection with | 2 |
| that place of business,
any of the words: "pharmacy", | 3 |
| "pharmacist", "pharmacy department",
"apothecary", "druggist", | 4 |
| "drug", "drugs", "medicines", "medicine store",
"drug | 5 |
| sundries", "prescriptions filled", or any list of words | 6 |
| indicating
that drugs are compounded or sold to the lay public, | 7 |
| or prescriptions
are dispensed therein. Each day during which, | 8 |
| or a part which, such
representation is made or appears or such | 9 |
| a sign is allowed to remain
upon or in such a place of business | 10 |
| shall constitute a separate offense
under this Act.
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| The holder of any license or certificate of registration | 12 |
| shall conspicuously
display it in the pharmacy in which he is | 13 |
| engaged in the practice of
pharmacy. The pharmacist in charge | 14 |
| shall conspicuously
display his name in such pharmacy. The | 15 |
| pharmacy license shall also
be conspicuously displayed.
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| (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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