Full Text of SB1443 96th General Assembly
SB1443sam003 96TH GENERAL ASSEMBLY
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Sen. Michael W. Frerichs
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 1443
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| AMENDMENT NO. ______. Amend Senate Bill 1443, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Hospital Licensing Act is amended by | 6 |
| 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 | 10 |
| agency, public
or private, whether organized for profit or not, | 11 |
| devoted primarily to the
maintenance and operation of | 12 |
| facilities for the diagnosis and treatment or
care of 2 or more | 13 |
| unrelated persons admitted for overnight stay or longer
in | 14 |
| order to obtain medical, including obstetric, psychiatric and | 15 |
| nursing,
care of illness, disease, injury, infirmity, or | 16 |
| deformity.
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| The term "hospital", without regard to length of stay, | 2 |
| shall also
include:
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| (a) any facility which is devoted primarily to | 4 |
| providing psychiatric and
related services and programs | 5 |
| for the diagnosis and treatment or care of
2 or more | 6 |
| unrelated persons suffering from emotional or nervous | 7 |
| diseases;
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| (b) all places where pregnant females are received, | 9 |
| cared for, or
treated during delivery irrespective of the | 10 |
| number of patients received.
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| The term "hospital" includes general and specialized | 12 |
| hospitals,
tuberculosis sanitaria, mental or psychiatric | 13 |
| hospitals and sanitaria, and
includes maternity homes, | 14 |
| lying-in homes, and homes for unwed mothers in
which care is | 15 |
| 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 | 18 |
| pursuant to the Nursing Home Care Act, as amended;
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| (2) hospitalization or care facilities maintained by | 20 |
| the State or any
department or agency thereof, where such | 21 |
| department or agency has authority
under law to establish | 22 |
| and enforce standards for the hospitalization or
care | 23 |
| facilities under its management and control;
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| (3) hospitalization or care facilities maintained by | 25 |
| the federal
government or agencies thereof;
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| (4) hospitalization or care facilities maintained by |
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| any university or
college established under the laws of | 2 |
| this State and supported principally
by public funds raised | 3 |
| by taxation;
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| (5) any person or facility required to be licensed | 5 |
| pursuant to the
Alcoholism and Other Drug Abuse and | 6 |
| Dependency Act;
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| (6) any facility operated solely by and for persons who | 8 |
| rely
exclusively upon treatment by spiritual means through | 9 |
| prayer, in accordance
with the creed or tenets of any | 10 |
| well-recognized church or religious
denomination; or
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| (7) an An Alzheimer's disease management center | 12 |
| alternative health care
model licensed under the | 13 |
| Alternative Health Care Delivery Act ; or .
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| (8) any veterinary hospital or clinic operated by a | 15 |
| veterinarian or veterinarians licensed under the | 16 |
| Veterinary Medicine and Surgery Practice Act of 2004 or | 17 |
| maintained by a state-supported or publicly funded | 18 |
| university or college. | 19 |
| (B) "Person" means the State, and any political subdivision | 20 |
| or municipal
corporation, individual, firm, partnership, | 21 |
| corporation, company,
association, or joint stock association, | 22 |
| or the legal successor thereof.
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| (C) "Department" means the Department of Public Health of | 24 |
| the State of
Illinois.
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| (D) "Director" means the Director of Public Health of
the | 26 |
| State of Illinois.
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| (E) "Perinatal" means the period of time
between the | 2 |
| conception of an
infant and the end of the first month after | 3 |
| birth.
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| (F) "Federally designated organ procurement agency" means | 5 |
| the organ
procurement agency designated by the Secretary of the | 6 |
| U.S. Department of Health
and Human Services for the service | 7 |
| area in which a hospital is located; except
that in the case of | 8 |
| a hospital located in a county adjacent to Wisconsin
which | 9 |
| currently contracts with an organ procurement agency located in | 10 |
| Wisconsin
that is not the organ procurement agency designated | 11 |
| by the U.S. Secretary of
Health and Human Services for the | 12 |
| service area in which the hospital is
located, if the hospital | 13 |
| applies for a waiver pursuant to 42 USC
1320b-8(a), it may | 14 |
| designate an organ procurement agency
located in Wisconsin to | 15 |
| 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 | 18 |
| in Illinois
that is certified by the American Association of | 19 |
| Tissue Banks or the Eye Bank
Association of America and is | 20 |
| involved in procuring, furnishing, donating,
or distributing | 21 |
| corneas, bones, or other human tissue for the purpose of
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| injecting, transfusing, or transplanting any of them into the | 23 |
| human body.
"Tissue bank" does not include a licensed blood | 24 |
| bank. For the purposes of this
Act, "tissue" does not include | 25 |
| 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 | 2 |
| 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 | 6 |
| the owner of any pharmacy, as defined in this Act, to operate | 7 |
| or conduct
the same, or to allow the same to be
operated or | 8 |
| conducted, unless:
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| (a) It has a licensed pharmacist, authorized to practice | 10 |
| pharmacy
in this State under the provisions of this Act, on | 11 |
| duty whenever the
practice of pharmacy is conducted;
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| (b) Security provisions for all drugs and devices, as | 13 |
| determined by
rule of the Department, are provided during the | 14 |
| absence from the licensed
pharmacy of all licensed pharmacists. | 15 |
| Maintenance of security provisions
is the responsibility of the | 16 |
| licensed pharmacist in charge;
and
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| (c) The pharmacy is licensed under this Act to conduct the | 18 |
| practice of pharmacy in any and all forms from the physical | 19 |
| address of the pharmacy's primary inventory where U.S. mail is | 20 |
| delivered. If a facility, company, or organization operates | 21 |
| multiple pharmacies from multiple physical addresses, a | 22 |
| separate pharmacy license is required for each different | 23 |
| physical address
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| (d) The Department may allow a pharmacy that is not located |
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| at the same location as its home pharmacy and at which pharmacy | 2 |
| services are provided during an emergency situation, as defined | 3 |
| by rule, to be operated as an emergency remote pharmacy. An | 4 |
| emergency remote pharmacy operating under this subsection (d) | 5 |
| shall operate under the license of the home pharmacy.
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| The Secretary Director may waive the requirement for a | 7 |
| pharmacist to be on duty
at all times for State facilities not | 8 |
| treating human ailments. This waiver of the requirement remains | 9 |
| in effect until it is rescinded by the Secretary and the | 10 |
| Department provides written notice of the rescission to the | 11 |
| State facility.
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| It shall be unlawful for any person, who is not a licensed | 13 |
| pharmacy
or health care facility, to purport to be such or to | 14 |
| use in name, title,
or sign designating, or in connection with | 15 |
| that place of business,
any of the words: "pharmacy", | 16 |
| "pharmacist", "pharmacy department",
"apothecary", "druggist", | 17 |
| "drug", "drugs", "medicines", "medicine store",
"drug | 18 |
| sundries", "prescriptions filled", or any list of words | 19 |
| indicating
that drugs are compounded or sold to the lay public, | 20 |
| or prescriptions
are dispensed therein. Each day during which, | 21 |
| or a part which, such
representation is made or appears or such | 22 |
| a sign is allowed to remain
upon or in such a place of business | 23 |
| shall constitute a separate offense
under this Act.
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| The holder of any license or certificate of registration | 25 |
| shall conspicuously
display it in the pharmacy in which he is | 26 |
| engaged in the practice of
pharmacy. The pharmacist in charge |
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| shall conspicuously
display his name in such pharmacy. The | 2 |
| 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 15. The Illinois Controlled Substances Act is | 5 |
| amended by changing Section 302 as follows: | 6 |
| (720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) | 7 |
| Sec. 302. (a) Every person who manufactures, distributes, | 8 |
| or dispenses
any controlled substances, or engages in chemical | 9 |
| analysis, and
instructional activities which utilize | 10 |
| controlled substances,
or who purchases, stores, or | 11 |
| administers euthanasia drugs, within this
State or who proposes | 12 |
| to engage in the
manufacture, distribution, or dispensing of | 13 |
| any controlled substance, or to
engage in chemical analysis, | 14 |
| and instructional activities
which utilize controlled | 15 |
| substances, or to engage in purchasing, storing, or
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| administering euthanasia drugs, within this State, must obtain | 17 |
| a
registration issued by the Department of Professional | 18 |
| Regulation in
accordance with its rules. The rules shall
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| include, but not be limited to, setting the expiration date and | 20 |
| renewal
period for each registration under this Act. The | 21 |
| Department,
and any facility or service licensed by the | 22 |
| Department, and any veterinary hospital or clinic operated by a | 23 |
| veterinarian or veterinarians licensed under the Veterinary | 24 |
| Medicine and Surgery Practice Act of 2004 or maintained by a |
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| state-supported or publicly funded university or college shall | 2 |
| be exempt
from the regulation requirements of this Section.
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| (b) Persons registered by the Department of Professional | 4 |
| Regulation
under this Act to manufacture, distribute, or | 5 |
| dispense controlled
substances, or purchase, store, or | 6 |
| administer euthanasia drugs, may
possess, manufacture, | 7 |
| distribute, or dispense those
substances, or purchase, store, | 8 |
| or administer euthanasia drugs, to the
extent authorized by | 9 |
| their registration and in conformity
with the other provisions | 10 |
| of this Article.
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| (c) The following persons need not register and may | 12 |
| lawfully possess
controlled substances under this Act:
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| (1) an agent or employee of any registered | 14 |
| manufacturer, distributor, or
dispenser of any controlled | 15 |
| substance if he is acting in the usual course
of his | 16 |
| employer's lawful business or employment;
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| (2) a common or contract carrier or warehouseman, or an | 18 |
| agent or
employee thereof, whose possession of any | 19 |
| controlled substance is in the
usual lawful course of such | 20 |
| business or employment;
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| (3) an ultimate user or a person in possession of any | 22 |
| controlled
substance pursuant to a lawful prescription of a | 23 |
| practitioner or in lawful
possession of a Schedule V | 24 |
| substance;
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| (4) officers and employees of this State or of the | 26 |
| United States while
acting in the lawful course of their |
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| official duties which requires
possession of controlled | 2 |
| substances;
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| (5) a registered pharmacist who is employed in, or the | 4 |
| owner of, a
pharmacy licensed under this Act and the | 5 |
| Federal Controlled Substances Act,
at the licensed | 6 |
| location, or if he is acting in the usual course of his
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| lawful profession, business, or employment.
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| (d) A separate registration is required at each place of
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| business or professional practice where the applicant | 10 |
| manufactures,
distributes, or dispenses controlled substances, | 11 |
| or purchases, stores, or
administers euthanasia drugs.
Persons | 12 |
| are required to obtain a separate registration for each
place | 13 |
| of business or professional practice where controlled
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| substances are located or stored. A separate registration is
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| not required for every location at which a controlled substance
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| may be prescribed.
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| (e) The Department of Professional Regulation or the | 18 |
| Department of
State Police may inspect the controlled premises, | 19 |
| as defined in Section
502 of this Act, of a registrant or | 20 |
| applicant for registration in
accordance with this Act and the | 21 |
| rules promulgated hereunder and with regard
to persons licensed | 22 |
| by the Department, in accordance with subsection (bb)
of | 23 |
| Section 30-5
of the Alcoholism and Other Drug Abuse and | 24 |
| Dependency Act and
the rules and
regulations promulgated | 25 |
| thereunder.
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| (Source: P.A. 93-626, eff. 12-23-03.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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