Full Text of HB3462 100th General Assembly
HB3462ham002 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 3/27/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3462
| 2 | | AMENDMENT NO. ______. Amend House Bill 3462 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.28 and 4.29 as follows: | 6 | | (5 ILCS 80/4.28) | 7 | | Sec. 4.28. Acts
repealed on January 1, 2018. The following | 8 | | Acts 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repealed on January 1, 2018: | 9 | | The Illinois Petroleum Education and Marketing Act.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 | 13 | | Practice 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. |
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| 1 | | The Pharmacy Practice Act. | 2 | | The Home Medical Equipment and Services Provider License | 3 | | Act. | 4 | | The Marriage and Family Therapy Licensing Act. | 5 | | The Nursing Home Administrators Licensing and Disciplinary | 6 | | Act. | 7 | | The Physician Assistant Practice Act of 1987. | 8 | | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | 9 | | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | 10 | | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | 11 | | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | 12 | | 96-328, eff. 8-11-09.) | 13 | | (5 ILCS 80/4.29) | 14 | | Sec. 4.29. Acts repealed on January 1, 2019 and December | 15 | | 31, 2019. | 16 | | (a) The following Acts are Act is repealed on January 1, | 17 | | 2019: | 18 | | The Environmental Health Practitioner Licensing Act. | 19 | | The Pharmacy Practice Act. | 20 | | (b) The following Act is repealed on December 31, 2019: | 21 | | The Structural Pest Control Act.
| 22 | | (Source: P.A. 95-1020, eff. 12-29-08; 96-473, eff. 8-14-09.) | 23 | | Section 10. The Pharmacy Practice Act is amended by | 24 | | changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16, |
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| 1 | | 16a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30, | 2 | | 30.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12, | 3 | | 35.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding | 4 | | Sections 3.5, 4.5, 35.20, and 35.21 as follows:
| 5 | | (225 ILCS 85/3)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 3. Definitions. For the purpose of this Act, except | 8 | | where otherwise
limited therein:
| 9 | | (a) "Pharmacy" or "drugstore" means and includes every | 10 | | store, shop,
pharmacy department, or other place where | 11 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, | 12 | | medicines, or poisons are
dispensed, sold or
offered for sale | 13 | | at retail, or displayed for sale at retail; or
(2)
where
| 14 | | prescriptions of physicians, dentists, advanced practice | 15 | | nurses, physician assistants, veterinarians, podiatric | 16 | | physicians, or
optometrists, within the limits of their
| 17 | | licenses, are
compounded, filled, or dispensed; or (3) which | 18 | | has upon it or
displayed within
it, or affixed to or used in | 19 | | connection with it, a sign bearing the word or
words | 20 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | 21 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | 22 | | "Drugs", "Dispensary", "Medicines", or any word
or words of | 23 | | similar or like import, either in the English language
or any | 24 | | other language; or (4) where the characteristic prescription
| 25 | | sign (Rx) or similar design is exhibited; or (5) any store, or
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| 1 | | shop,
or other place with respect to which any of the above | 2 | | words, objects,
signs or designs are used in any advertisement.
| 3 | | (b) "Drugs" means and includes (1) articles recognized
in | 4 | | the official United States Pharmacopoeia/National Formulary | 5 | | (USP/NF),
or any supplement thereto and being intended for and | 6 | | having for their
main use the diagnosis, cure, mitigation, | 7 | | treatment or prevention of
disease in man or other animals, as | 8 | | approved by the United States Food and
Drug Administration, but | 9 | | does not include devices or their components, parts,
or | 10 | | accessories; and (2) all other articles intended
for and having | 11 | | for their main use the diagnosis, cure, mitigation,
treatment | 12 | | or prevention of disease in man or other animals, as approved
| 13 | | by the United States Food and Drug Administration, but does not | 14 | | include
devices or their components, parts, or accessories; and | 15 | | (3) articles
(other than food) having for their main use and | 16 | | intended
to affect the structure or any function of the body of | 17 | | man or other
animals; and (4) articles having for their main | 18 | | use and intended
for use as a component or any articles | 19 | | specified in clause (1), (2)
or (3); but does not include | 20 | | devices or their components, parts or
accessories.
| 21 | | (c) "Medicines" means and includes all drugs intended for
| 22 | | human or veterinary use approved by the United States Food and | 23 | | Drug
Administration.
| 24 | | (d) "Practice of pharmacy" means (1) the interpretation and | 25 | | the provision of assistance in the monitoring, evaluation, and | 26 | | implementation of prescription drug orders; (2) the dispensing |
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| 1 | | of prescription drug orders; (3) participation in drug and | 2 | | device selection; (4) drug administration limited to the | 3 | | administration of oral, topical, injectable, and inhalation as | 4 | | follows: in the context of patient education on the proper use | 5 | | or delivery of medications; vaccination of patients 14 years of | 6 | | age and older pursuant to a valid prescription or standing | 7 | | order, by a physician licensed to practice medicine in all its | 8 | | branches, upon completion of appropriate training, including | 9 | | how to address contraindications and adverse reactions set | 10 | | forth by rule, with notification to the patient's physician and | 11 | | appropriate record retention, or pursuant to hospital pharmacy | 12 | | and therapeutics committee policies and procedures; (5) | 13 | | vaccination of patients ages 10 through 13 limited to the | 14 | | Influenza (inactivated influenza vaccine and live attenuated | 15 | | influenza intranasal vaccine) and Tdap (defined as tetanus, | 16 | | diphtheria, acellular pertussis) vaccines, pursuant to a valid | 17 | | prescription or standing order, by a physician licensed to | 18 | | practice medicine in all its branches, upon completion of | 19 | | appropriate training, including how to address | 20 | | contraindications and adverse reactions set forth by rule, with | 21 | | notification to the patient's physician and appropriate record | 22 | | retention, or pursuant to hospital pharmacy and therapeutics | 23 | | committee policies and procedures; (6) drug regimen review; (7) | 24 | | drug or drug-related research; (8) the provision of patient | 25 | | counseling; (9) the practice of telepharmacy; (10) the | 26 | | provision of those acts or services necessary to provide |
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| 1 | | pharmacist care; (11) medication therapy management; and (12) | 2 | | the responsibility for compounding and labeling of drugs and | 3 | | devices (except labeling by a manufacturer, repackager, or | 4 | | distributor of non-prescription drugs and commercially | 5 | | packaged legend drugs and devices), proper and safe storage of | 6 | | drugs and devices, and maintenance of required records. A | 7 | | pharmacist who performs any of the acts defined as the practice | 8 | | of pharmacy in this State must be actively licensed as a | 9 | | pharmacist under this Act.
| 10 | | (e) "Prescription" means and includes any written, oral, | 11 | | facsimile, or
electronically transmitted order for drugs
or | 12 | | medical devices, issued by a physician licensed to practice | 13 | | medicine in
all its branches, dentist, veterinarian, podiatric | 14 | | physician, or
optometrist, within the
limits of their licenses, | 15 | | by a physician assistant in accordance with
subsection (f) of | 16 | | Section 4, or by an advanced practice nurse in
accordance with | 17 | | subsection (g) of Section 4, containing the
following: (1) name
| 18 | | of the patient; (2) date when prescription was issued; (3) name
| 19 | | and strength of drug or description of the medical device | 20 | | prescribed;
and (4) quantity; (5) directions for use; (6) | 21 | | prescriber's name,
address,
and signature; and (7) DEA | 22 | | registration number where required, for controlled
substances.
| 23 | | The prescription may, but is not required to, list the illness, | 24 | | disease, or condition for which the drug or device is being | 25 | | prescribed. DEA registration numbers shall not be required on | 26 | | inpatient drug orders.
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| 1 | | (f) "Person" means and includes a natural person, | 2 | | partnership copartnership ,
association, corporation, | 3 | | government entity, or any other legal
entity.
| 4 | | (g) "Department" means the Department of Financial and
| 5 | | Professional Regulation.
| 6 | | (h) "Board of Pharmacy" or "Board" means the State Board
of | 7 | | Pharmacy of the Department of Financial and Professional | 8 | | Regulation.
| 9 | | (i) "Secretary"
means the Secretary
of Financial and | 10 | | Professional Regulation.
| 11 | | (j) "Drug product selection" means the interchange for a
| 12 | | prescribed pharmaceutical product in accordance with Section | 13 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 14 | | Cosmetic Act.
| 15 | | (k) "Inpatient drug order" means an order issued by an | 16 | | authorized
prescriber for a resident or patient of a facility | 17 | | licensed under the
Nursing Home Care Act, the ID/DD Community | 18 | | Care Act, the MC/DD Act, the Specialized Mental Health | 19 | | Rehabilitation Act of 2013, or the Hospital Licensing Act, or | 20 | | "An Act in relation to
the founding and operation of the | 21 | | University of Illinois Hospital and the
conduct of University | 22 | | of Illinois health care programs", approved July 3, 1931,
as | 23 | | amended, or a facility which is operated by the Department of | 24 | | Human
Services (as successor to the Department of Mental Health
| 25 | | and Developmental Disabilities) or the Department of | 26 | | Corrections.
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| 1 | | (k-5) "Pharmacist" means an individual health care | 2 | | professional and
provider currently licensed by this State to | 3 | | engage in the practice of
pharmacy.
| 4 | | (l) "Pharmacist in charge" means the licensed pharmacist | 5 | | whose name appears
on a pharmacy license and who is responsible | 6 | | for all aspects of the
operation related to the practice of | 7 | | pharmacy.
| 8 | | (m) "Dispense" or "dispensing" means the interpretation, | 9 | | evaluation, and implementation of a prescription drug order, | 10 | | including the preparation and delivery of a drug or device to a | 11 | | patient or patient's agent in a suitable container | 12 | | appropriately labeled for subsequent administration to or use | 13 | | by a patient in accordance with applicable State and federal | 14 | | laws and regulations.
"Dispense" or "dispensing" does not mean | 15 | | the physical delivery to a patient or a
patient's | 16 | | representative in a home or institution by a designee of a | 17 | | pharmacist
or by common carrier. "Dispense" or "dispensing" | 18 | | also does not mean the physical delivery
of a drug or medical | 19 | | device to a patient or patient's representative by a
| 20 | | pharmacist's designee within a pharmacy or drugstore while the | 21 | | pharmacist is
on duty and the pharmacy is open.
| 22 | | (n) "Nonresident pharmacy"
means a pharmacy that is located | 23 | | in a state, commonwealth, or territory
of the United States, | 24 | | other than Illinois, that delivers, dispenses, or
distributes, | 25 | | through the United States Postal Service, commercially | 26 | | acceptable parcel delivery service, or other common
carrier, to |
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| 1 | | Illinois residents, any substance which requires a | 2 | | prescription.
| 3 | | (o) "Compounding" means the preparation and mixing of | 4 | | components, excluding flavorings, (1) as the result of a | 5 | | prescriber's prescription drug order or initiative based on the | 6 | | prescriber-patient-pharmacist relationship in the course of | 7 | | professional practice or (2) for the purpose of, or incident | 8 | | to, research, teaching, or chemical analysis and not for sale | 9 | | or dispensing. "Compounding" includes the preparation of drugs | 10 | | or devices in anticipation of receiving prescription drug | 11 | | orders based on routine, regularly observed dispensing | 12 | | patterns. Commercially available products may be compounded | 13 | | for dispensing to individual patients only if all of the | 14 | | following conditions are met: (i) the commercial product is not | 15 | | reasonably available from normal distribution channels in a | 16 | | timely manner to meet the patient's needs and (ii) the | 17 | | prescribing practitioner has requested that the drug be | 18 | | compounded.
| 19 | | (p) (Blank).
| 20 | | (q) (Blank).
| 21 | | (r) "Patient counseling" means the communication between a | 22 | | pharmacist or a student pharmacist under the supervision of a | 23 | | pharmacist and a patient or the patient's representative about | 24 | | the patient's medication or device for the purpose of | 25 | | optimizing proper use of prescription medications or devices. | 26 | | "Patient counseling" may include without limitation (1) |
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| 1 | | obtaining a medication history; (2) acquiring a patient's | 2 | | allergies and health conditions; (3) facilitation of the | 3 | | patient's understanding of the intended use of the medication; | 4 | | (4) proper directions for use; (5) significant potential | 5 | | adverse events; (6) potential food-drug interactions; and (7) | 6 | | the need to be compliant with the medication therapy. A | 7 | | pharmacy technician may only participate in the following | 8 | | aspects of patient counseling under the supervision of a | 9 | | pharmacist: (1) obtaining medication history; (2) providing | 10 | | the offer for counseling by a pharmacist or student pharmacist; | 11 | | and (3) acquiring a patient's allergies and health conditions.
| 12 | | (s) "Patient profiles" or "patient drug therapy record" | 13 | | means the
obtaining, recording, and maintenance of patient | 14 | | prescription
information, including prescriptions for | 15 | | controlled substances, and
personal information.
| 16 | | (t) (Blank).
| 17 | | (u) "Medical device" or "device" means an instrument, | 18 | | apparatus, implement, machine,
contrivance, implant, in vitro | 19 | | reagent, or other similar or related article,
including any | 20 | | component part or accessory, required under federal law to
bear | 21 | | the label "Caution: Federal law requires dispensing by or on | 22 | | the order
of a physician". A seller of goods and services who, | 23 | | only for the purpose of
retail sales, compounds, sells, rents, | 24 | | or leases medical devices shall not,
by reasons thereof, be | 25 | | required to be a licensed pharmacy.
| 26 | | (v) "Unique identifier" means an electronic signature, |
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| 1 | | handwritten
signature or initials, thumb print, or other | 2 | | acceptable biometric
or electronic identification process as | 3 | | approved by the Department.
| 4 | | (w) "Current usual and customary retail price" means the | 5 | | price that a pharmacy charges to a non-third-party payor.
| 6 | | (x) "Automated pharmacy system" means a mechanical system | 7 | | located within the confines of the pharmacy or remote location | 8 | | that performs operations or activities, other than compounding | 9 | | or administration, relative to storage, packaging, dispensing, | 10 | | or distribution of medication, and which collects, controls, | 11 | | and maintains all transaction information. | 12 | | (y) "Drug regimen review" means and includes the evaluation | 13 | | of prescription drug orders and patient records for (1)
known | 14 | | allergies; (2) drug or potential therapy contraindications;
| 15 | | (3) reasonable dose, duration of use, and route of | 16 | | administration, taking into consideration factors such as age, | 17 | | gender, and contraindications; (4) reasonable directions for | 18 | | use; (5) potential or actual adverse drug reactions; (6) | 19 | | drug-drug interactions; (7) drug-food interactions; (8) | 20 | | drug-disease contraindications; (9) therapeutic duplication; | 21 | | (10) patient laboratory values when authorized and available; | 22 | | (11) proper utilization (including over or under utilization) | 23 | | and optimum therapeutic outcomes; and (12) abuse and misuse.
| 24 | | (z) " Electronically transmitted Electronic transmission | 25 | | prescription" means a prescription that is created, recorded, | 26 | | or stored by electronic means; issued and validated with an |
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| 1 | | electronic signature; and transmitted by electronic means | 2 | | directly from the prescriber to a pharmacy. An electronic | 3 | | prescription is not an image of a physical prescription that is | 4 | | transferred by electronic means from computer to computer, | 5 | | facsimile to facsimile, or facsimile to computer any | 6 | | prescription order for which a facsimile or electronic image of | 7 | | the order is electronically transmitted from a licensed | 8 | | prescriber to a pharmacy. "Electronic transmission | 9 | | prescription" includes both data and image prescriptions .
| 10 | | (aa) "Medication therapy management services" means a | 11 | | distinct service or group of services offered by licensed | 12 | | pharmacists, physicians licensed to practice medicine in all | 13 | | its branches, advanced practice nurses authorized in a written | 14 | | agreement with a physician licensed to practice medicine in all | 15 | | its branches, or physician assistants authorized in guidelines | 16 | | by a supervising physician that optimize therapeutic outcomes | 17 | | for individual patients through improved medication use. In a | 18 | | retail or other non-hospital pharmacy, medication therapy | 19 | | management services shall consist of the evaluation of | 20 | | prescription drug orders and patient medication records to | 21 | | resolve conflicts with the following: | 22 | | (1) known allergies; | 23 | | (2) drug or potential therapy contraindications; | 24 | | (3) reasonable dose, duration of use, and route of | 25 | | administration, taking into consideration factors such as | 26 | | age, gender, and contraindications; |
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| 1 | | (4) reasonable directions for use; | 2 | | (5) potential or actual adverse drug reactions; | 3 | | (6) drug-drug interactions; | 4 | | (7) drug-food interactions; | 5 | | (8) drug-disease contraindications; | 6 | | (9) identification of therapeutic duplication; | 7 | | (10) patient laboratory values when authorized and | 8 | | available; | 9 | | (11) proper utilization (including over or under | 10 | | utilization) and optimum therapeutic outcomes; and | 11 | | (12) drug abuse and misuse. | 12 | | "Medication therapy management services" includes the | 13 | | following: | 14 | | (1) documenting the services delivered and | 15 | | communicating the information provided to patients' | 16 | | prescribers within an appropriate time frame, not to exceed | 17 | | 48 hours; | 18 | | (2) providing patient counseling designed to enhance a | 19 | | patient's understanding and the appropriate use of his or | 20 | | her medications; and | 21 | | (3) providing information, support services, and | 22 | | resources designed to enhance a patient's adherence with | 23 | | his or her prescribed therapeutic regimens. | 24 | | "Medication therapy management services" may also include | 25 | | patient care functions authorized by a physician licensed to | 26 | | practice medicine in all its branches for his or her identified |
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| 1 | | patient or groups of patients under specified conditions or | 2 | | limitations in a standing order from the physician. | 3 | | "Medication therapy management services" in a licensed | 4 | | hospital may also include the following: | 5 | | (1) reviewing assessments of the patient's health | 6 | | status; and | 7 | | (2) following protocols of a hospital pharmacy and | 8 | | therapeutics committee with respect to the fulfillment of | 9 | | medication orders.
| 10 | | (bb) "Pharmacist care" means the provision by a pharmacist | 11 | | of medication therapy management services, with or without the | 12 | | dispensing of drugs or devices, intended to achieve outcomes | 13 | | that improve patient health, quality of life, and comfort and | 14 | | enhance patient safety.
| 15 | | (cc) "Protected health information" means individually | 16 | | identifiable health information that, except as otherwise | 17 | | provided, is:
| 18 | | (1) transmitted by electronic media; | 19 | | (2) maintained in any medium set forth in the | 20 | | definition of "electronic media" in the federal Health | 21 | | Insurance Portability and Accountability Act; or | 22 | | (3) transmitted or maintained in any other form or | 23 | | medium. | 24 | | "Protected health information" does not include | 25 | | individually identifiable health information found in: | 26 | | (1) education records covered by the federal Family |
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| 1 | | Educational Right and Privacy Act; or | 2 | | (2) employment records held by a licensee in its role | 3 | | as an employer. | 4 | | (dd) "Standing order" means a specific order for a patient | 5 | | or group of patients issued by a physician licensed to practice | 6 | | medicine in all its branches in Illinois. | 7 | | (ee) "Address of record" means the designated address | 8 | | recorded by the Department in the applicant's application file | 9 | | or licensee's license file maintained by the Department's | 10 | | licensure maintenance unit. address recorded by the Department | 11 | | in the applicant's or licensee's application file or license | 12 | | file, as maintained by the Department's licensure maintenance | 13 | | unit. | 14 | | (ff) "Home pharmacy" means the location of a pharmacy's | 15 | | primary operations.
| 16 | | (gg) "Email address of record" means the designated email | 17 | | address recorded by the Department in the applicant's | 18 | | application file or the licensee's license file, as maintained | 19 | | by the Department's licensure maintenance unit. | 20 | | (Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; | 21 | | 98-756, eff. 7-16-14; 99-180, eff. 7-29-15 .) | 22 | | (225 ILCS 85/3.5 new) | 23 | | Sec. 3.5. Address of record; email address of record. All | 24 | | applicants and licensees shall: | 25 | | (1) provide a valid address and email address to the |
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| 1 | | Department, which shall serve as the address of record and | 2 | | email address of record, respectively, at the time of | 3 | | application for licensure or renewal of a license; and | 4 | | (2) inform the Department of any change of address of | 5 | | record or email address of record within 14 days after such | 6 | | change either through the Department's website or by | 7 | | contacting the Department's licensure maintenance unit. | 8 | | (225 ILCS 85/4.5 new) | 9 | | Sec. 4.5. The Collaborative Pharmaceutical Task Force. In | 10 | | order to protect the public and provide quality pharmaceutical | 11 | | care, the Collaborative Pharmaceutical Task Force is | 12 | | established. The Task Force shall discuss how to further | 13 | | advance the practice of pharmacy in a manner that recognizes | 14 | | the needs of the healthcare system, patients, pharmacies, | 15 | | pharmacists, and pharmacy technicians. As a part of its | 16 | | discussions, the Task Force shall consider, at a minimum, the | 17 | | following: | 18 | | (1) the extent to which providing whistleblower | 19 | | protections for pharmacists and pharmacy technicians | 20 | | reporting violation of worker policies and requiring | 21 | | pharmacies to have at least one pharmacy technician on duty | 22 | | whenever the practice of pharmacy is conducted, to set a | 23 | | prescription filling limit of not more than 10 | 24 | | prescriptions filled per hour, to mandate at least 10 | 25 | | pharmacy technician hours per 100 prescriptions filled, to |
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| 1 | | place a general prohibition on activities that distract | 2 | | pharmacists, to provide a pharmacist a minimum of 2 | 3 | | 15-minute paid rest breaks and one 30-minute meal period in | 4 | | each workday on which the pharmacist works at least 7 | 5 | | hours, to not require a pharmacist to work during a break | 6 | | period, to pay to the pharmacist 3 times the pharmacist's | 7 | | regular hourly rate of pay for each workday during which | 8 | | the required breaks were not provided, to make available at | 9 | | all times a room on the pharmacy's premises with adequate | 10 | | seating and tables for the purpose of allowing a pharmacist | 11 | | to enjoy break periods in a clean and comfortable | 12 | | environment, to keep a complete and accurate record of the | 13 | | break periods of its pharmacists, to limit a pharmacist | 14 | | from working more than 8 hours a workday, and to retain | 15 | | records of any errors in the receiving, filling, or | 16 | | dispensing of prescriptions of any kind could be integrated | 17 | | into the Pharmacy Practice Act; and | 18 | | (2) the extent to which requiring the Department to | 19 | | adopt rules requiring pharmacy prescription systems | 20 | | contain mechanisms to require prescription discontinuation | 21 | | orders to be forwarded to a pharmacy, to require patient | 22 | | verification features for pharmacy automated prescription | 23 | | refills, and to require that automated prescription | 24 | | refills notices clearly communicate to patients the | 25 | | medication name, dosage strength, and any other | 26 | | information required by the Department governing the use of |
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| 1 | | automated dispensing and storage systems to ensure that | 2 | | discontinued medications are not dispensed to a patient by | 3 | | a pharmacist or by any automatic refill dispensing systems | 4 | | whether prescribed through electronic prescriptions or | 5 | | paper prescriptions may be integrated into the Pharmacy | 6 | | Practice Act to better protect the public. | 7 | | In developing standards related to its discussions, the | 8 | | Collaborative Pharmaceutical Task Force shall consider the | 9 | | extent to which Public Act 99-473 (enhancing continuing | 10 | | education requirements for pharmacy technicians) and Public | 11 | | Act 99-863 (enhancing reporting requirements to the Department | 12 | | of pharmacy employee terminations) may be relevant to the | 13 | | issues listed in paragraphs (1) and (2). | 14 | | The voting members of the Collaborative Pharmaceutical | 15 | | Task Force shall be appointed as follows: | 16 | | (1) the Speaker of the House of Representatives shall | 17 | | appoint: a representative of a statewide organization | 18 | | exclusively representing retailers, including pharmacies; | 19 | | and a retired licensed pharmacist who has previously served | 20 | | on the Board of Pharmacy and on the executive committee of | 21 | | a national association representing pharmacists and who | 22 | | shall serve as the chairperson of the Collaborative | 23 | | Pharmaceutical Task Force; | 24 | | (2) the President of the Senate shall appoint: a | 25 | | representative of a statewide organization representing | 26 | | pharmacists; and a representative of a statewide |
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| 1 | | organization representing unionized pharmacy employees; | 2 | | (3) the Minority Leader of the House of Representatives | 3 | | shall appoint: a representative of a statewide | 4 | | organization representing physicians licensed to practice | 5 | | medicine in all its branches in Illinois; and a | 6 | | representative of a statewide professional association | 7 | | representing pharmacists, pharmacy technicians, pharmacy | 8 | | students, and others working in or with an interest in | 9 | | hospital and health-system pharmacy; and | 10 | | (4) the Minority Leader of the Senate shall appoint: a | 11 | | representative of a statewide organization representing | 12 | | hospitals; and a representative of a statewide association | 13 | | exclusively representing long-term care pharmacists. | 14 | | The Secretary, or his or her designee, shall appoint the | 15 | | following non-voting members of the Task Force: a | 16 | | representative of the University of Illinois at Chicago College | 17 | | of Pharmacy; a clinical pharmacist who has done extensive study | 18 | | in pharmacy e-prescribing and e-discontinuation; and a | 19 | | representative of the Department. | 20 | | The Department shall provide administrative support to the | 21 | | Collaborative Pharmaceutical Task Force. The Collaborative | 22 | | Pharmaceutical Task Force shall meet at least monthly at the | 23 | | call of the chairperson. | 24 | | No later than September 1, 2018, the voting members of the | 25 | | Collaborative Pharmaceutical Task Force shall vote on | 26 | | recommendations concerning the standards in paragraphs (1) and |
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| 1 | | (2) of this Section. | 2 | | No later than October 1, 2018, the Department, in direct | 3 | | consultation with the Collaborative Pharmaceutical Task Force, | 4 | | shall propose rules for adoption that are consistent with the | 5 | | Collaborative Pharmaceutical Task Force's recommendations, or | 6 | | recommend legislation to the General Assembly, concerning the | 7 | | standards in paragraphs (1) and (2) of this Section. | 8 | | This Section is repealed on October 1, 2019.
| 9 | | (225 ILCS 85/5.5)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 5.5. Unlicensed practice; violation; civil penalty.
| 12 | | (a) Any person who practices, offers to practice, attempts | 13 | | to practice, or
holds oneself out to practice pharmacy without | 14 | | being licensed under this Act
shall, in
addition to any other | 15 | | penalty provided by law, pay a civil penalty to the
Department | 16 | | in an amount not to exceed $10,000 $5,000 for each offense as | 17 | | determined by
the Department. The civil penalty shall be | 18 | | assessed by the Department after a
hearing is held in | 19 | | accordance with the provisions set forth in this Act
regarding | 20 | | the provision of a hearing for the discipline of a licensee.
| 21 | | (b) The Department has the authority and power to | 22 | | investigate any and all
unlicensed activity.
| 23 | | (c) The civil penalty shall be paid within 60 days after | 24 | | the effective date
of the order imposing the civil penalty. The | 25 | | order shall constitute a judgment
and may be filed and |
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| 1 | | execution had thereon in the same manner as any judgment
from | 2 | | any court of record.
| 3 | | (Source: P.A. 89-474, eff. 6-18-96 .)
| 4 | | (225 ILCS 85/7) (from Ch. 111, par. 4127)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 7. Application; examination. Applications for | 7 | | original licenses
shall be made to the Department
in writing or | 8 | | electronically on forms prescribed by the Department and shall | 9 | | be accompanied by
the required fee, which shall not be | 10 | | refundable. Any such application shall
require such | 11 | | information as in the judgment of the Department will enable | 12 | | the
Board and Department to pass on the qualifications of the | 13 | | applicant for a
license.
| 14 | | The Department shall authorize examinations of applicants | 15 | | as pharmacists not
less than 3 times per year at such times and | 16 | | places as it may
determine.
The
examination of applicants shall | 17 | | be of a character to give a fair test of the
qualifications of | 18 | | the applicant to practice pharmacy.
| 19 | | Applicants for examination as pharmacists shall be | 20 | | required to pay,
either to the Department or the designated | 21 | | testing service, a fee covering
the cost of providing the | 22 | | examination. Failure to appear for the examination
on the | 23 | | scheduled date, at the time and place specified, after the | 24 | | applicant's
application for examination has been received and | 25 | | acknowledged by the
Department or the designated testing |
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| 1 | | service, shall result in the forfeiture
of the examination fee. | 2 | | The examination shall be developed and provided by the
National | 3 | | Association of Boards of Pharmacy.
| 4 | | If an applicant neglects, fails or refuses to take an | 5 | | examination or
fails to pass an examination for a license under | 6 | | this Act within 3
years after filing his application, the | 7 | | application is denied. However,
such applicant may thereafter | 8 | | make a new application accompanied by
the required fee and show | 9 | | evidence of meeting the requirements in force
at the time of | 10 | | the new application.
| 11 | | The Department shall notify applicants taking the | 12 | | examination of their
results within 7 weeks of the examination | 13 | | date. Further, the Department
shall have the authority to | 14 | | immediately authorize such applicants who
successfully pass | 15 | | the examination to engage in the practice of pharmacy.
| 16 | | An applicant shall have one year from the date of | 17 | | notification of successful
completion of the examination to | 18 | | apply to the Department for a license.
If an applicant fails to | 19 | | make such application within one year the
applicant shall be | 20 | | required to again take and pass the examination. | 21 | | An applicant who has graduated with a professional degree | 22 | | from a school of pharmacy located outside of the United States | 23 | | must do the following: | 24 | | (1) obtain a Foreign Pharmacy Graduate Examination | 25 | | Committee (FPGEC) Certificate; | 26 | | (2) complete 1,200 hours of clinical training and |
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| 1 | | experience, as defined by rule, in the United States or its | 2 | | territories; and | 3 | | (3) successfully complete the licensing requirements | 4 | | set forth in Section 6 of this Act, as well as those | 5 | | adopted by the Department by rule.
| 6 | | The Department may employ consultants for the purpose of | 7 | | preparing
and conducting examinations.
| 8 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 9 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 9. Licensure Registration as registered pharmacy | 12 | | technician. | 13 | | (a) Any person shall be entitled
to licensure registration | 14 | | as a registered pharmacy technician who is of the age of 16
or | 15 | | over, has not engaged in conduct or behavior determined to be | 16 | | grounds for
discipline under this Act, is attending or has
| 17 | | graduated from an accredited high school or comparable school | 18 | | or educational
institution or received a high school | 19 | | equivalency certificate, and has filed a written or electronic | 20 | | application for licensure registration on a form
to be | 21 | | prescribed and furnished by the Department for that purpose. | 22 | | The
Department shall issue a license certificate of
| 23 | | registration as a registered pharmacy technician to any | 24 | | applicant who has
qualified as aforesaid, and such license | 25 | | registration shall be the sole authority
required to assist |
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| 1 | | licensed pharmacists in the practice of pharmacy, under
the | 2 | | supervision of a licensed pharmacist. A registered pharmacy | 3 | | technician may, under the supervision of a pharmacist, assist | 4 | | in the practice of pharmacy and perform such functions as | 5 | | assisting in the dispensing process, offering counseling, | 6 | | receiving new verbal prescription orders, and having | 7 | | prescriber contact concerning prescription drug order | 8 | | clarification. A registered pharmacy technician may not engage | 9 | | in patient counseling, drug regimen review, or clinical | 10 | | conflict resolution. | 11 | | (b) Beginning on January 1, 2017, within 2 years after | 12 | | initial licensure registration as a registered pharmacy | 13 | | technician, the licensee registrant must meet the requirements | 14 | | described in Section 9.5 of this Act and become licensed | 15 | | register as a registered certified pharmacy technician. If the | 16 | | licensee registrant has not yet attained the age of 18, then | 17 | | upon the next renewal as a registered pharmacy technician, the | 18 | | licensee registrant must meet the requirements described in | 19 | | Section 9.5 of this Act and become licensed register as a | 20 | | registered certified pharmacy technician. This requirement | 21 | | does not apply to pharmacy technicians registered prior to | 22 | | January 1, 2008.
| 23 | | (c) Any person registered
as a pharmacy technician who is | 24 | | also enrolled in a first professional
degree program in | 25 | | pharmacy in a school or college of pharmacy or a
department of | 26 | | pharmacy of a university approved by the Department or has |
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| 1 | | graduated from such a program within the last 18 months, shall | 2 | | be
considered a "student pharmacist"
and entitled to use the | 3 | | title "student pharmacist". A student pharmacist must meet all | 4 | | of the requirements for licensure registration as a registered | 5 | | pharmacy technician set forth in this Section excluding the | 6 | | requirement of certification prior to the second license | 7 | | registration renewal and pay the required registered pharmacy | 8 | | technician license registration fees. A student pharmacist | 9 | | may, under the supervision of a pharmacist, assist in the | 10 | | practice of pharmacy and perform any and all functions | 11 | | delegated to him or her by the pharmacist. | 12 | | (d) Any person seeking licensure as a pharmacist who has | 13 | | graduated from a pharmacy program outside the United States | 14 | | must register as a pharmacy technician and shall be considered | 15 | | a "student pharmacist" and be entitled to use the title | 16 | | "student pharmacist" while completing the 1,200 clinical hours | 17 | | of training approved by the Board of Pharmacy described and for | 18 | | no more than 18 months after completion of these hours. These | 19 | | individuals are not required to become registered certified | 20 | | pharmacy technicians while completing their Board approved | 21 | | clinical training, but must become licensed as a pharmacist or | 22 | | become licensed as a registered certified pharmacy technician | 23 | | before the second pharmacy technician license registration | 24 | | renewal following completion of the Board approved clinical | 25 | | training. | 26 | | (e) The Department shall not renew the registered pharmacy |
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| 1 | | technician license of any person who has been licensed | 2 | | registered as a registered pharmacy technician with the | 3 | | designation "student pharmacist" who: (1) and has dropped out | 4 | | of or been expelled from an ACPE accredited college of | 5 | | pharmacy ; (2) , who has failed to complete his or her 1,200 | 6 | | hours of Board approved clinical training within 24 months ; or | 7 | | (3) who has failed the pharmacist licensure examination 3 | 8 | | times . The Department and shall require these individuals to | 9 | | meet the requirements of and become licensed registered as a | 10 | | registered certified pharmacy technician. | 11 | | (f) The Department may
take any action set forth in Section | 12 | | 30 of this Act with regard to a license registrations
pursuant | 13 | | to this Section.
| 14 | | (g) Any person who is enrolled in a non-traditional | 15 | | Pharm.D.
program at an ACPE accredited college of pharmacy and | 16 | | is a licensed as a registered pharmacist
under the laws of | 17 | | another United States jurisdiction shall be permitted to
engage | 18 | | in the program of practice experience required in the academic | 19 | | program
by virtue of such license. Such person shall be exempt | 20 | | from the requirement
of licensure registration as a registered | 21 | | pharmacy technician or registered certified pharmacy | 22 | | technician while engaged in the
program of practice experience | 23 | | required in the academic program.
| 24 | | An applicant for licensure registration as a registered | 25 | | pharmacy technician may assist a
pharmacist in the practice of | 26 | | pharmacy for a period of up to
60 days prior to the issuance of |
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| 1 | | a license certificate of registration if the
applicant has | 2 | | submitted the required fee and an application for licensure | 3 | | registration
to the Department. The applicant shall keep a copy | 4 | | of the submitted
application on the premises where the | 5 | | applicant is assisting in the
practice of pharmacy. The | 6 | | Department shall forward confirmation of receipt of the | 7 | | application with start and expiration dates of practice pending | 8 | | licensure registration .
| 9 | | (Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17 .)
| 10 | | (225 ILCS 85/9.5) | 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 9.5. Registered certified pharmacy technician. | 13 | | (a) An individual licensed registered as a registered | 14 | | pharmacy technician under this Act may be licensed registered | 15 | | as a registered certified pharmacy technician, if he or she | 16 | | meets all of the following requirements: | 17 | | (1) He or she has submitted a written application in | 18 | | the form and manner prescribed by the Department. | 19 | | (2) He or she has attained the age of 18. | 20 | | (3) He or she is of good moral character, as determined | 21 | | by the Department. | 22 | | (4) He or she has (i) graduated from pharmacy | 23 | | technician training meeting the requirements set forth in | 24 | | subsection (a) of Section 17.1 of this Act or (ii) obtained | 25 | | documentation from the pharmacist-in-charge of the |
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| 1 | | pharmacy where the applicant is employed verifying that he | 2 | | or she has successfully completed a training program and | 3 | | has successfully completed an objective assessment | 4 | | mechanism prepared in accordance with rules established by | 5 | | the Department. | 6 | | (5) He or she has successfully passed an examination | 7 | | accredited by the National Commission for Certifying | 8 | | Agencies, as approved and required by the Board or by rule . | 9 | | (6) He or she has paid the required licensure | 10 | | certification fees. | 11 | | (b) No pharmacist whose license has been denied, revoked, | 12 | | suspended, or restricted for disciplinary purposes may be | 13 | | eligible to be registered as a certified pharmacy technician | 14 | | unless authorized by order of the Department as a condition of | 15 | | restoration from revocation, suspension, or restriction . | 16 | | (c) The Department may, by rule, establish any additional | 17 | | requirements for licensure certification under this Section.
| 18 | | (d) A person who is not a licensed registered pharmacy | 19 | | technician and meets the requirements of this Section may be | 20 | | licensed register as a registered certified pharmacy | 21 | | technician without first being licensed registering as a | 22 | | registered pharmacy technician. | 23 | | (e) As a condition for the renewal of a license certificate | 24 | | of registration as a registered certified pharmacy technician, | 25 | | the licensee registrant shall provide evidence to the | 26 | | Department of completion of a total of 20 hours of continuing |
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| 1 | | pharmacy education during the 24 months preceding the | 2 | | expiration date of the certificate as established by rule . One | 3 | | hour of continuing pharmacy education must be in the subject of | 4 | | pharmacy law. One hour of continuing pharmacy education must be | 5 | | in the subject of patient safety. The continuing education | 6 | | shall be approved by the Accreditation Council on Pharmacy | 7 | | Education. | 8 | | The Department may shall establish by rule a means for the | 9 | | verification of completion of the continuing education | 10 | | required by this subsection (e). This verification may be | 11 | | accomplished through audits of records maintained by licensees | 12 | | registrants , by requiring the filing of continuing education | 13 | | certificates with the Department or a qualified organization | 14 | | selected by the Department to maintain such records, or by | 15 | | other means established by the Department. | 16 | | Rules developed under this subsection (e) may provide for a | 17 | | reasonable annual fee, not to exceed $20, to fund the cost of | 18 | | such recordkeeping. The Department may shall , by rule, further | 19 | | provide an orderly process for the restoration reinstatement of | 20 | | a license registration that has not been renewed due to the | 21 | | failure to meet the continuing pharmacy education requirements | 22 | | of this subsection (e). The Department may waive the | 23 | | requirements of continuing pharmacy education, in whole or in | 24 | | part, in cases of extreme hardship as defined by rule of the | 25 | | Department. The waivers may shall be granted for not more than | 26 | | one of any 3 consecutive renewal periods. |
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| 1 | | (Source: P.A. 99-473, eff. 1-1-17 .)
| 2 | | (225 ILCS 85/10) (from Ch. 111, par. 4130)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 10. State Board of Pharmacy. | 5 | | (a) There is created in the Department the
State Board of | 6 | | Pharmacy.
It shall consist of 9 members, 7 of whom shall be | 7 | | licensed pharmacists.
Each of those 7 members must be a | 8 | | licensed pharmacist in good standing
in this State, a graduate | 9 | | of an accredited college of pharmacy or hold
a Bachelor of | 10 | | Science degree in Pharmacy and have at least 5 years'
practical | 11 | | experience in the practice of pharmacy subsequent to the
date | 12 | | of his licensure as a licensed pharmacist in the State of | 13 | | Illinois.
There shall be 2 public members, who shall be voting | 14 | | members, who
shall not be engaged in any way, directly or | 15 | | indirectly, as providers of health care licensed pharmacists in | 16 | | this State or any other state.
| 17 | | (b) Each member shall be appointed by the Governor.
| 18 | | (c) Members
shall be appointed to 5 year terms. The | 19 | | Governor shall fill any vacancy for the remainder of the | 20 | | unexpired term. Partial terms over 3 years in length shall be | 21 | | considered full terms. A member may be reappointed for a | 22 | | successive term, but no member shall serve more than 2 full | 23 | | terms in his or her lifetime.
| 24 | | (d) In making the appointment of members on the Board, the | 25 | | Governor shall
give due consideration to recommendations by the |
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| 1 | | members of the profession
of pharmacy and by pharmacy
| 2 | | organizations therein. The Governor
shall notify the pharmacy
| 3 | | organizations promptly of any vacancy
of members on the Board | 4 | | and in appointing members shall give consideration
to | 5 | | individuals engaged in all types and settings of pharmacy | 6 | | practice.
| 7 | | (e) The Governor may remove any member of the Board for | 8 | | misconduct, incapacity ,
or neglect of duty , and he or she shall | 9 | | be the sole judge of the sufficiency of the
cause for removal.
| 10 | | (f) Each member of the Board shall be reimbursed for such | 11 | | actual
and legitimate expenses as he or she may incur in going | 12 | | to and from the place
of meeting and remaining there thereat | 13 | | during sessions of the Board. In
addition, each member of the | 14 | | Board may
receive a per diem payment
in an amount determined | 15 | | from time to time by the Director for attendance
at meetings of | 16 | | the Board and conducting other official business of
the Board.
| 17 | | (g) The Board shall hold quarterly meetings at such times | 18 | | and places and upon
notice as the Department
may determine and | 19 | | as its business may require.
A majority of the Board members | 20 | | currently appointed shall constitute a quorum. A vacancy in the | 21 | | membership of the Board shall not impair the right of a quorum | 22 | | to exercise all the rights and perform all the duties of the | 23 | | Board.
| 24 | | (h) The Board shall exercise the rights, powers and duties | 25 | | which have been
vested in the Board under this Act, and any | 26 | | other duties conferred
upon the Board by law.
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| 1 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 2 | | (225 ILCS 85/11) (from Ch. 111, par. 4131)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 11. Duties of the Department. The Department shall | 5 | | exercise the
powers and duties prescribed by
the Civil | 6 | | Administrative Code of Illinois for the administration of | 7 | | Licensing
Acts and shall exercise such other powers and duties | 8 | | necessary for effectuating
the purpose of this Act. The powers | 9 | | and duties of the Department also include However, the | 10 | | following powers and duties shall be
exercised only upon review
| 11 | | of the Board of
Pharmacy to take such action :
| 12 | | (a) Formulation of Formulate such rules, not inconsistent | 13 | | with law and subject to
the Illinois Administrative Procedure | 14 | | Act, as may be necessary to carry
out the purposes and enforce | 15 | | the provisions of this Act. The Secretary Director
may grant | 16 | | variances from any such rules as provided for in this Section . ;
| 17 | | (b) The suspension, revocation, placing on probationary
| 18 | | status, reprimand, and refusing to issue or restore , or taking | 19 | | any other disciplinary or non-disciplinary action against any | 20 | | license or
certificate of registration issued under the | 21 | | provisions of this Act
for the reasons set forth in Section 30 | 22 | | of this Act.
| 23 | | (c) The issuance, renewal, restoration , or reissuance of | 24 | | any license
or certificate which has been previously refused to | 25 | | be issued or renewed,
or has been revoked, suspended or placed |
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| 1 | | on probationary status.
| 2 | | (c-5) The granting of variances from rules promulgated | 3 | | pursuant to this Section in
individual cases where there is a | 4 | | finding that:
| 5 | | (1) the provision from which the variance is granted is | 6 | | not statutorily
mandated;
| 7 | | (2) no party will be injured by the granting of the | 8 | | variance; and
| 9 | | (3) the rule from which the variance is granted would, | 10 | | in the particular
case, be unreasonable or unnecessarily | 11 | | burdensome.
| 12 | | The Secretary Director shall give consideration to the | 13 | | recommendations of notify the State Board of Pharmacy regarding | 14 | | of the granting
of such variance and the reasons therefor , at | 15 | | the next meeting of the Board .
| 16 | | (d) The Secretary shall appoint a chief pharmacy | 17 | | coordinator who and at least 2 deputy pharmacy coordinators, | 18 | | all of whom shall be a licensed pharmacist registered | 19 | | pharmacists in good standing in this State, shall be a graduate | 20 | | graduates of an accredited college of pharmacy or hold, at a | 21 | | minimum, a bachelor of science degree in pharmacy, and shall | 22 | | have at least 5 years of experience in the practice of pharmacy | 23 | | immediately prior to his or her appointment. The chief pharmacy | 24 | | coordinator shall be the executive administrator and the chief | 25 | | enforcement officer of this Act. The deputy pharmacy | 26 | | coordinators shall report to the chief pharmacy coordinator. |
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| 1 | | The Secretary shall assign at least one deputy pharmacy | 2 | | coordinator to a region composed of Cook County and such other | 3 | | counties as the Secretary may deem appropriate, and such deputy | 4 | | pharmacy coordinator shall have his or her primary office in | 5 | | Chicago. The Secretary shall assign at least one deputy | 6 | | pharmacy coordinator to a region composed of the balance of | 7 | | counties in the State, and such deputy pharmacy coordinator | 8 | | shall have his or her primary office in Springfield. | 9 | | (e) The Department Secretary shall, in conformity with the | 10 | | Personnel Code, employ such pharmacy investigators as deemed | 11 | | necessary not less than 4 pharmacy investigators who shall | 12 | | report to the chief pharmacy coordinator or a deputy pharmacy | 13 | | coordinator . Each pharmacy investigator shall be a licensed | 14 | | pharmacist unless employed as a pharmacy investigator on or | 15 | | before August 27, 2015 ( the effective date of Public Act | 16 | | 99-473) this amendatory Act of the 99th General Assembly . The | 17 | | Department shall also employ at least one attorney to prosecute | 18 | | violations of this Act and its rules. The Department may, in | 19 | | conformity with the Personnel Code, employ such clerical and | 20 | | other employees as are necessary to carry out the duties of the | 21 | | Board and Department. | 22 | | The duly authorized pharmacy investigators of the | 23 | | Department shall have the right to enter and inspect, during | 24 | | business hours, any pharmacy or any other place in this State | 25 | | holding itself out to be a pharmacy where medicines, drugs or | 26 | | drug products, or proprietary medicines are sold, offered for |
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| 1 | | sale, exposed for sale, or kept for sale.
| 2 | | (Source: P.A. 99-473, eff. 8-27-15.)
| 3 | | (225 ILCS 85/12) (from Ch. 111, par. 4132)
| 4 | | (Section scheduled to be repealed on January 1, 2018)
| 5 | | Sec. 12. Expiration of license; renewal. | 6 | | (a) The expiration date and renewal
period for
each license | 7 | | and certificate of registration issued under this Act
shall be | 8 | | set by rule.
| 9 | | (b) As a condition for the renewal of a license certificate | 10 | | of registration as
a pharmacist, the licensee registrant shall | 11 | | provide evidence to the
Department of completion of a total of | 12 | | 30 hours of pharmacy continuing
education during the 24 months
| 13 | | preceding the expiration date
of the certificate. Such | 14 | | continuing education shall be approved by
the Accreditation | 15 | | Council on Pharmacy
Education.
| 16 | | (c) The Department may shall establish by rule a means for | 17 | | the verification
of completion of the continuing education | 18 | | required by this Section.
This verification may be accomplished | 19 | | through audits of records maintained
by licensees registrants , | 20 | | by requiring the filing of continuing education certificates
| 21 | | with the Department or a qualified organization selected by the | 22 | | Department
to maintain such records or by other means | 23 | | established by the Department.
| 24 | | (d) Rules developed under this Section may provide for a | 25 | | reasonable biennial
fee, not to exceed $20, to fund the cost of |
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| 1 | | such recordkeeping.
The Department may shall , by rule, further | 2 | | provide an orderly process
for the restoration reinstatement of | 3 | | licenses which have not been renewed due to
the failure to meet | 4 | | the continuing education requirements of this Section.
The | 5 | | requirements of continuing education may be waived, in whole or
| 6 | | in part, in cases of extreme hardship as defined by rule of the | 7 | | Department.
Such waivers shall be granted for not more than one | 8 | | of any 3 consecutive
renewal periods.
| 9 | | (e) Any pharmacist who has permitted his license to expire | 10 | | or who has had
his license on inactive status may have his | 11 | | license restored by making
application to the Department and | 12 | | filing proof acceptable to the Department
of his fitness to | 13 | | have his license restored, and by paying the required
| 14 | | restoration fee.
The Department shall determine, by an | 15 | | evaluation program established
by rule his fitness for | 16 | | restoration of his license and shall establish
procedures and | 17 | | requirements for such restoration. However, any pharmacist
who | 18 | | demonstrates that he has continuously maintained active | 19 | | practice
in another jurisdiction pursuant to a license in good | 20 | | standing, and
who has substantially complied with the | 21 | | continuing education requirements
of this Section shall not be | 22 | | subject to further evaluation for purposes
of this Section.
| 23 | | (f) Any licensee who shall engage in the practice for which | 24 | | his or her
license
was issued while the license is expired or | 25 | | on inactive status
shall
be considered to be practicing without | 26 | | a license which, shall be grounds
for discipline under Section |
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| 1 | | 30 of this Act.
| 2 | | (g) Any pharmacy operating on an expired license is engaged | 3 | | in
the unlawful
practice of pharmacy and is subject to | 4 | | discipline under Section 30 of this
Act. A pharmacy whose | 5 | | license has been expired for one year or
more may not
have its | 6 | | license restored but must apply for a new license and meet all
| 7 | | requirements for licensure. Any pharmacy whose license has been | 8 | | expired for
less than one year may apply for restoration of its | 9 | | license and shall have
its license restored.
| 10 | | (h) However, any pharmacist whose license expired while he | 11 | | was (1) in
Federal Service on active duty with the Armed Forces | 12 | | of the United
States, or the State Militia called into service | 13 | | or training, or (2)
in training or education under the | 14 | | supervision of the United States
preliminary to induction into | 15 | | the military service, may have his license
or certificate | 16 | | restored without paying any lapsed renewal fees, if
within 2 | 17 | | years after honorable termination of such service, training
or | 18 | | education he furnishes the Department with satisfactory | 19 | | evidence
to the effect that he has been so engaged and that his | 20 | | service, training
or education has been so terminated.
| 21 | | (Source: P.A. 95-689, eff. 10-29-07 .)
| 22 | | (225 ILCS 85/13) (from Ch. 111, par. 4133)
| 23 | | (Section scheduled to be repealed on January 1, 2018)
| 24 | | Sec. 13. Inactive status. | 25 | | (a) Any pharmacist , registered certified pharmacy |
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| 1 | | technician, or registered pharmacy technician who notifies the | 2 | | Department,
in writing or electronically on forms prescribed by | 3 | | the Department, may elect to place
his or her
license on an | 4 | | inactive status and shall be excused from payment
of renewal | 5 | | fees and completion of continuing education requirements
until | 6 | | he or she notifies the Department in writing of his or her | 7 | | intent to restore
his license.
| 8 | | (b) Any pharmacist , registered certified pharmacy | 9 | | technician, or registered pharmacy pharmacist technician | 10 | | requesting restoration from inactive status shall be
required | 11 | | to pay the current renewal fee and shall be required to restore
| 12 | | his or her license or certificate, as provided by rule of the | 13 | | Department.
| 14 | | (c) Any pharmacist , registered certified pharmacy | 15 | | technician, or registered pharmacy pharmacist technician whose | 16 | | license is in inactive status shall not practice
in the State | 17 | | of Illinois.
| 18 | | (d) A
pharmacy license may not be
placed on inactive | 19 | | status.
| 20 | | (e) Continued practice on a license which has lapsed or | 21 | | been placed on
inactive status shall be considered to be | 22 | | practicing without a license.
| 23 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 24 | | (225 ILCS 85/15) (from Ch. 111, par. 4135)
| 25 | | (Section scheduled to be repealed on January 1, 2018)
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| 1 | | Sec. 15. Pharmacy requirements. | 2 | | (1) It shall be unlawful
for the owner of any pharmacy, as | 3 | | defined in this Act, to operate or conduct
the same, or to | 4 | | allow the same to be
operated or conducted, unless:
| 5 | | (a) It has a licensed pharmacist, authorized to | 6 | | practice pharmacy
in this State under the provisions of | 7 | | this Act, on duty whenever the
practice of pharmacy is | 8 | | conducted;
| 9 | | (b) Security provisions for all drugs and devices, as | 10 | | determined by
rule of the Department, are provided during | 11 | | the absence from the licensed
pharmacy of all licensed | 12 | | pharmacists. Maintenance of security provisions
is the | 13 | | responsibility of the licensed pharmacist in charge;
and
| 14 | | (c) The pharmacy is licensed under this Act to conduct | 15 | | the practice of pharmacy in any and all forms from the | 16 | | physical address of the pharmacy's primary inventory where | 17 | | U.S. mail is delivered. If a facility, company, or | 18 | | organization operates multiple pharmacies from multiple | 19 | | physical addresses, a separate pharmacy license is | 20 | | required for each different physical address.
| 21 | | (2) The Department may allow a pharmacy that is not located | 22 | | at the same location as its home pharmacy and at which pharmacy | 23 | | services are provided during an emergency situation, as defined | 24 | | by rule, to be operated as an emergency remote pharmacy. An | 25 | | emergency remote pharmacy operating under this subsection (2) | 26 | | shall operate under the license of the home pharmacy.
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| 1 | | (3) The Secretary may waive the requirement for a | 2 | | pharmacist to be on duty
at all times for State facilities not | 3 | | treating human ailments. This waiver of the requirement remains | 4 | | in effect until it is rescinded by the Secretary and the | 5 | | Department provides written notice of the rescission to the | 6 | | State facility.
| 7 | | (4) It shall be unlawful for any person, who is not a | 8 | | licensed pharmacy
or health care facility, to purport to be | 9 | | such or to use in name, title,
or sign designating, or in | 10 | | connection with that place of business,
any of the words: | 11 | | "pharmacy", "pharmacist", "pharmacy department",
"apothecary", | 12 | | "druggist", "drug", "drugs", "medicines", "medicine store",
| 13 | | "drug sundries", "prescriptions filled", or any list of words | 14 | | indicating
that drugs are compounded or sold to the lay public, | 15 | | or prescriptions
are dispensed therein. Each day during which, | 16 | | or a part which, such
representation is made or appears or such | 17 | | a sign is allowed to remain
upon or in such a place of business | 18 | | shall constitute a separate offense
under this Act.
| 19 | | (5) The holder of any license or certificate of | 20 | | registration shall conspicuously
display it in the pharmacy in | 21 | | which he is engaged in the practice of
pharmacy. The pharmacist | 22 | | in charge shall conspicuously
display his name in such | 23 | | pharmacy. The pharmacy license shall also
be conspicuously | 24 | | displayed.
| 25 | | (Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09; | 26 | | 96-1000, eff. 7-2-10.)
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| 1 | | (225 ILCS 85/16) (from Ch. 111, par. 4136)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 16. The Department shall require
and provide for the | 4 | | licensure of every pharmacy doing business in this
State. Such | 5 | | licensure shall expire 30
days after the pharmacist in
charge | 6 | | dies or is no longer employed by or leaves the place where the | 7 | | pharmacy is licensed or after
such pharmacist's license has | 8 | | been suspended or revoked.
| 9 | | In the event the designated pharmacist in charge dies or | 10 | | otherwise
ceases to function in that capacity, or when the | 11 | | license of the pharmacist
in charge has been suspended or | 12 | | revoked, the owner of the pharmacy
shall be required to notify | 13 | | the Department, on forms provided by the
Department, of the | 14 | | identity of the new pharmacist in charge.
| 15 | | It is the duty of every pharmacist in charge who ceases to | 16 | | function
in that capacity to report to the Department within 30
| 17 | | days of the
date on which he ceased such functions for such | 18 | | pharmacy. It is the
duty of every owner of a pharmacy licensed | 19 | | under this Act to report
to the Department within 30
days of | 20 | | the date on which the pharmacist
in charge died or ceased to | 21 | | function in that capacity and to specify a new pharmacist in | 22 | | charge . Failure to
provide such notification to the Department | 23 | | shall be grounds for disciplinary
action.
| 24 | | No license shall be issued to any pharmacy unless such | 25 | | pharmacy has
a pharmacist in charge and each such pharmacy |
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| 1 | | license shall indicate
on the face thereof the pharmacist in | 2 | | charge.
| 3 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 4 | | (225 ILCS 85/16a) (from Ch. 111, par. 4136a)
| 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 16a. (a) The Department shall establish rules and | 7 | | regulations ,
consistent with the provisions of this Act, | 8 | | governing nonresident
pharmacies,
including pharmacies | 9 | | providing services via the Internet,
which sell, or offer for | 10 | | sale, drugs, medicines, or other pharmaceutical
services in | 11 | | this State.
| 12 | | (b) The Department shall require and provide for a an | 13 | | annual nonresident
special pharmacy license registration for | 14 | | all pharmacies located outside of this
State that dispense | 15 | | medications for Illinois residents and mail, ship, or
deliver | 16 | | prescription medications into this State. A nonresident | 17 | | Nonresident special
pharmacy license registration shall be | 18 | | granted by the Department upon the disclosure and
certification | 19 | | by a pharmacy:
| 20 | | (1) that it is licensed in the state in which the | 21 | | dispensing facility
is located and from which the drugs are | 22 | | dispensed;
| 23 | | (2) of the location, names, and titles of all principal | 24 | | corporate
officers of the business and all pharmacists who | 25 | | are dispensing drugs to residents of this
State;
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| 1 | | (3) that it complies with all lawful directions and | 2 | | requests for
information from the board of pharmacy of each | 3 | | state in which it is
licensed or registered, except that it | 4 | | shall respond directly to all
communications from the Board | 5 | | or Department concerning any circumstances arising
from | 6 | | the dispensing of drugs to residents of this State;
| 7 | | (4) that it maintains its records of drugs dispensed to | 8 | | residents of
this State so that the records are readily | 9 | | retrievable from the records of
other drugs dispensed;
| 10 | | (5) that it cooperates with the Board or Department in | 11 | | providing information to the
board of pharmacy of the state | 12 | | in which it is licensed concerning matters
related to the | 13 | | dispensing of drugs to residents of this State; and
| 14 | | (6) that during its regular hours of operation, but not | 15 | | less than 6
days per week, for a minimum of 40 hours per | 16 | | week, a toll-free telephone
service is provided to | 17 | | facilitate communication between patients in this
State | 18 | | and a pharmacist at the nonresident pharmacy who has access | 19 | | to the patients'
records. The toll-free number must be | 20 | | disclosed on the label affixed to
each container of drugs | 21 | | dispensed to residents of this State.
| 22 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 23 | | (225 ILCS 85/17) (from Ch. 111, par. 4137)
| 24 | | (Section scheduled to be repealed on January 1, 2018)
| 25 | | Sec. 17. Disposition of legend drugs on cessation of |
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| 1 | | pharmacy operations.
| 2 | | (a) The pharmacist in charge of a pharmacy which has
its | 3 | | pharmacy license revoked or otherwise ceases operation shall | 4 | | notify
the Department and forward to the Department a copy of | 5 | | the closing
inventory of controlled substances and a statement | 6 | | indicating the intended
manner of disposition of all legend | 7 | | drugs and prescription files within
30
days of such revocation | 8 | | or cessation of operation.
| 9 | | (b) The Department shall approve the intended manner of | 10 | | disposition
of all legend drugs prior to disposition of such | 11 | | drugs by the pharmacist
in charge.
| 12 | | (1) The Department shall notify the pharmacist in | 13 | | charge of approval
of the manner of disposition of all | 14 | | legend drugs, or disapproval accompanied
by reasons for | 15 | | such disapproval, within 30
days of receipt of the | 16 | | statement
from the pharmacist in charge. In the event that | 17 | | the manner of disposition
is not approved, the pharmacist | 18 | | in charge shall notify the Department
of an alternative | 19 | | manner of disposition within 30
days of the receipt
of | 20 | | disapproval.
| 21 | | (2) If disposition of all legend drugs does not occur | 22 | | within 30
days
after approval is received from the | 23 | | Department, or if no alternative
method of disposition is | 24 | | submitted to the Department within 30
days
of the | 25 | | Department's disapproval, the Secretary Director shall | 26 | | notify the pharmacist
in charge by mail at the address of |
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| 1 | | the closing pharmacy, of the Department's
intent to | 2 | | confiscate all legend drugs. The Notice of Intent to | 3 | | Confiscate
shall be the final administrative decision of | 4 | | the Department, as that
term is defined in the | 5 | | Administrative Review Law, and the confiscation of all
| 6 | | prescription drugs shall be effected.
| 7 | | (b-5) In the event that the pharmacist in charge has died | 8 | | or is otherwise
physically incompetent to perform the duties of | 9 | | this Section, the owner of a
pharmacy that has its license | 10 | | revoked or otherwise ceases operation shall be
required to | 11 | | fulfill the duties otherwise imposed upon the pharmacist in
| 12 | | charge.
| 13 | | (c) The pharmacist in charge of a pharmacy which acquires | 14 | | prescription
files from a pharmacy which ceases operation shall | 15 | | be responsible for
the preservation of such acquired | 16 | | prescriptions for the remainder of
the term that such | 17 | | prescriptions are required to be preserved by this
Act.
| 18 | | (d) Failure to comply with this Section shall be grounds | 19 | | for denying
an application or renewal application for a | 20 | | pharmacy license or for
disciplinary action against a license | 21 | | registration .
| 22 | | (e) Compliance with the provisions of the Illinois | 23 | | Controlled Substances
Act concerning the disposition of | 24 | | controlled substances shall be deemed
compliance with this | 25 | | Section with respect to legend drugs which are
controlled | 26 | | substances.
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| 1 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 2 | | (225 ILCS 85/17.1)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 17.1. Registered pharmacy Pharmacy technician | 5 | | training.
| 6 | | (a) Beginning January 1, 2004, it shall be the joint | 7 | | responsibility of a
pharmacy
and its pharmacist in charge to | 8 | | have trained all of its registered pharmacy technicians
or | 9 | | obtain
proof of prior training in all of the following topics | 10 | | as they relate to the
practice site:
| 11 | | (1) The duties and responsibilities of the technicians | 12 | | and pharmacists.
| 13 | | (2) Tasks and technical skills, policies, and | 14 | | procedures.
| 15 | | (3) Compounding, packaging, labeling, and storage.
| 16 | | (4) Pharmaceutical and medical terminology.
| 17 | | (5) Record keeping requirements.
| 18 | | (6) The ability to perform and apply arithmetic | 19 | | calculations.
| 20 | | (b) Within 6 months after initial employment or changing | 21 | | the duties and
responsibilities of a registered pharmacy | 22 | | technician, it
shall be
the joint responsibility of the | 23 | | pharmacy and the pharmacist in charge to
train the registered
| 24 | | pharmacy technician or obtain proof of prior training in the | 25 | | areas listed in
subsection (a)
of this Section as they relate |
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| 1 | | to the practice site or to document that the pharmacy | 2 | | technician is making appropriate progress.
| 3 | | (c) All pharmacies shall maintain an up-to-date training
| 4 | | program
describing the duties and responsibilities of a | 5 | | registered pharmacy technician.
| 6 | | (d) All pharmacies shall create and maintain retrievable
| 7 | | records
of
training or proof of training as required in this | 8 | | Section.
| 9 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 10 | | (225 ILCS 85/18) (from Ch. 111, par. 4138)
| 11 | | (Section scheduled to be repealed on January 1, 2018)
| 12 | | Sec. 18. Record retention. There Except as provided in | 13 | | subsection (b), there shall be kept in every drugstore or
| 14 | | pharmacy a suitable
book, file, or electronic record keeping | 15 | | system in which shall be preserved
for a period of not less | 16 | | than 5 years the original, or an exact, unalterable image, of | 17 | | every written
prescription and the original transcript or copy | 18 | | of every verbal prescription
filled, compounded, or dispensed, | 19 | | in such pharmacy; and such book , or
file , or electronic record | 20 | | keeping system of prescriptions shall at all reasonable times | 21 | | be open to inspection
to the chief pharmacy coordinator and the | 22 | | duly authorized agents or
employees of the Department.
| 23 | | Every prescription filled or refilled shall contain the
| 24 | | unique identifiers
of the persons
authorized to practice
| 25 | | pharmacy under the provision of this Act who fills or refills |
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| 1 | | the
prescription.
| 2 | | Records kept pursuant to this Section may be maintained in | 3 | | an alternative
data retention system, such as a direct digital | 4 | | imaging system, provided that:
| 5 | | (1) the records maintained in the alternative data | 6 | | retention system
contain all of the information required in | 7 | | a manual record;
| 8 | | (2) the data processing system is capable of producing | 9 | | a hard copy of the
electronic record on the request of the | 10 | | Board, its representative, or other
authorized local, | 11 | | State, or federal law enforcement or regulatory agency;
| 12 | | (3) the digital images are recorded and stored only by | 13 | | means of a
technology that does not allow subsequent | 14 | | revision or replacement of the
images; and
| 15 | | (4) the prescriptions may be retained in written form | 16 | | or recorded in a data processing system, provided that such | 17 | | order can be produced in printed form upon lawful request.
| 18 | | As used in this Section, "digital imaging system" means a | 19 | | system, including
people, machines, methods of organization, | 20 | | and procedures, that provides input,
storage, processing, | 21 | | communications, output, and control functions for
digitized
| 22 | | representations of original prescription records.
| 23 | | Inpatient drug orders may be maintained
within an | 24 | | institution in a manner approved by the Department.
| 25 | | (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
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| 1 | | (225 ILCS 85/19) (from Ch. 111, par. 4139)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 19. Nothing contained in this Act shall be construed | 4 | | to prohibit
a pharmacist licensed in this State from filling or | 5 | | refilling a valid
prescription for prescription drugs which is | 6 | | on file in a pharmacy licensed in
any state and has been | 7 | | transferred from one pharmacy to another by any means,
| 8 | | including by way of electronic data processing equipment upon | 9 | | the following
conditions and exceptions:
| 10 | | (1) Prior to dispensing pursuant to any such prescription, | 11 | | the dispensing
pharmacist shall:
| 12 | | (a) Advise the patient that the prescription on file at | 13 | | such other
pharmacy must be canceled before he or she will | 14 | | be able to fill or refill it.
| 15 | | (b) Determine that the prescription is valid and on | 16 | | file at such other
pharmacy and that such prescription may | 17 | | be filled or refilled, as requested,
in accordance with the | 18 | | prescriber's intent expressed on such prescription.
| 19 | | (c) Notify the pharmacy where the prescription is on | 20 | | file that the
prescription must be canceled.
| 21 | | (d) Record in writing or electronically the | 22 | | prescription order, the name of the pharmacy
at which the | 23 | | prescription was on file, the prescription number, the
name | 24 | | of the drug and the original amount dispensed, the date of | 25 | | original
dispensing, and the number of remaining | 26 | | authorized refills.
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| 1 | | (e) Obtain the consent of the prescriber to the | 2 | | refilling of the
prescription when the prescription, in the | 3 | | professional judgment of the
dispensing pharmacist, so | 4 | | requires.
| 5 | | (2) Upon receipt of a request for prescription information | 6 | | set forth
in subparagraph (d) of paragraph (1) of this Section, | 7 | | if the requested
pharmacist is satisfied in his professional | 8 | | judgment that such request
is valid and legal, the requested | 9 | | pharmacist shall:
| 10 | | (a) Provide such information accurately and | 11 | | completely.
| 12 | | (b) Record electronically or, if in writing, on the | 13 | | face of the prescription, the name of the requesting
| 14 | | pharmacy and pharmacist and the date of request.
| 15 | | (c) Cancel the prescription on file by writing the word | 16 | | "void" on
its face or the electronic equivalent, if not in | 17 | | written format. No further prescription information shall | 18 | | be given or medication
dispensed pursuant to such original | 19 | | prescription.
| 20 | | (3) In the event that, after the information set forth in | 21 | | subparagraph
(d) of paragraph (1) of this Section has been | 22 | | provided, a prescription
is not dispensed by the requesting | 23 | | pharmacist, then such pharmacist
shall provide notice of this | 24 | | fact to the pharmacy from which such information
was obtained; | 25 | | such notice shall then cancel the prescription in the
same | 26 | | manner as set forth in subparagraph (c) of paragraph (2) of |
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| 1 | | this
Section.
| 2 | | (4) When filling or refilling a valid prescription on file | 3 | | in another
state, the dispensing pharmacist shall be required | 4 | | to follow all the
requirements of Illinois law which apply to | 5 | | the dispensing of prescription
drugs. If anything in Illinois | 6 | | law prevents the filling or refilling of
the original | 7 | | prescription it shall be unlawful to dispense pursuant to this
| 8 | | Section.
| 9 | | (5) Prescriptions for drugs in Schedules III, IV, and V of | 10 | | the Illinois
Controlled Substances Act may be transferred only | 11 | | once and may not be further
transferred. However, pharmacies | 12 | | electronically sharing a real-time, online database may | 13 | | transfer up to the maximum refills permitted by the law and the | 14 | | prescriber's authorization.
| 15 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 16 | | (225 ILCS 85/20) (from Ch. 111, par. 4140)
| 17 | | (Section scheduled to be repealed on January 1, 2018)
| 18 | | Sec. 20. Dispensing systems. | 19 | | (a) Two or more pharmacies may establish and use a common
| 20 | | electronic file to maintain required dispensing information.
| 21 | | (b) Pharmacies using such a common electronic file are not | 22 | | required to
physically transfer prescriptions or information | 23 | | for dispensing purposes
between or among pharmacies | 24 | | participating in the same common prescription
file; provided, | 25 | | however any such common file must contain complete
and adequate |
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| 1 | | records of such prescription and refill dispensed as stated
in | 2 | | Section 18.
| 3 | | (c) The Department and Board may formulate such rules and | 4 | | regulations ,
not inconsistent with law, as may be necessary to | 5 | | carry out the purposes
of and to enforce the provisions of this | 6 | | Section within the following
exception: The Department and | 7 | | Board shall not impose greater requirements
on either common | 8 | | electronic files or a hard copy record system.
| 9 | | (d) Drugs shall in no event be dispensed more frequently or | 10 | | in larger amounts
than the prescriber ordered without direct | 11 | | prescriber authorization
by way of a new prescription order.
| 12 | | (e) The dispensing by a pharmacist licensed in this State | 13 | | or another state of a prescription contained in a common | 14 | | database shall not constitute a transfer, provided that (1) (i) | 15 | | all pharmacies involved in the transactions pursuant to which | 16 | | the prescription is dispensed and all pharmacists engaging in | 17 | | dispensing functions are properly licensed, permitted, or | 18 | | registered in this State or another jurisdiction, (2) (ii) a | 19 | | policy and procedures manual that governs all participating | 20 | | pharmacies and pharmacists is available to the Department upon | 21 | | request and includes the procedure for maintaining appropriate | 22 | | records for regulatory oversight for tracking a prescription | 23 | | during each stage of the filling and dispensing process, and | 24 | | (3) (iii) the pharmacists involved in filling and dispensing | 25 | | the prescription and counseling the patient are identified. A | 26 | | pharmacist shall be accountable only for the specific tasks |
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| 1 | | performed. | 2 | | (f) Nothing in this Section shall prohibit a pharmacist who | 3 | | is exercising his or her professional judgment from dispensing | 4 | | additional quantities of medication up to the total number of | 5 | | dosage units authorized by the prescriber on the original | 6 | | prescription and any refills. | 7 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 8 | | (225 ILCS 85/22) (from Ch. 111, par. 4142)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 22. Except only in the case of a drug, medicine or | 11 | | poison
which is lawfully sold or dispensed, at retail, in the | 12 | | original and
unbroken package of the manufacturer, packer, or | 13 | | distributor thereof,
and which package bears the original label | 14 | | thereon showing the name
and address of the manufacturer, | 15 | | packer, or distributor thereof, and
the name of the drug, | 16 | | medicine, or poison therein contained, and the
directions for | 17 | | its use, no person shall sell or dispense, at retail,
any drug, | 18 | | medicine, or poison, without affixing to the box, bottle,
| 19 | | vessel, or package containing the same, a label bearing the | 20 | | name of
the article distinctly shown, and the directions for | 21 | | its use, with
the name and address of the pharmacy wherein the | 22 | | same is sold or dispensed.
However, in the case of a drug, | 23 | | medicine, or poison which is sold or
dispensed pursuant to a | 24 | | prescription of a physician licensed to practice
medicine in | 25 | | all of its branches, a physician assistant in accordance with |
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| 1 | | subsection (f) of Section 4 of this Act, an advanced practice | 2 | | registered nurse in accordance with subsection (g) of Section 4 | 3 | | of this Act, a licensed dentist, a licensed veterinarian, a
| 4 | | licensed podiatric physician, or a licensed therapeutically or | 5 | | diagnostically certified
optometrist authorized by law to | 6 | | prescribe drugs or medicines or poisons ,
the label affixed to | 7 | | the box, bottle, vessel, or package containing the
same shall | 8 | | show: (a) the name and address of the pharmacy
wherein the same | 9 | | is sold or dispensed; (b) the name or initials of
the person, | 10 | | authorized to practice pharmacy under the provisions of
this | 11 | | Act, selling or dispensing the same, (c) the date on which such
| 12 | | prescription was filled; (d) the name of the patient; (e) the | 13 | | serial
number of such prescription as filed in the prescription | 14 | | files; (f)
the last name of the practitioner who prescribed | 15 | | such prescriptions;
(g) the directions for use thereof as | 16 | | contained in such prescription;
and (h) the proprietary name or | 17 | | names or the established name or
names of the drugs, the dosage | 18 | | and quantity, except as otherwise authorized
by rule regulation | 19 | | of the Department.
| 20 | | (Source: P.A. 98-214, eff. 8-9-13.)
| 21 | | (225 ILCS 85/22b) | 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 22b. Automated pharmacy systems; remote dispensing.
| 24 | | (a) Automated pharmacy systems must have adequate security | 25 | | and procedures to comply with federal and State laws and |
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| 1 | | regulations and maintain patient confidentiality, as defined | 2 | | by rule. | 3 | | (b) Access to and dispensing from an automated pharmacy | 4 | | system shall be limited to pharmacists or personnel who are | 5 | | designated in writing by the pharmacist-in-charge and have | 6 | | completed documented training concerning their duties | 7 | | associated with the automated pharmacy system. | 8 | | (c) All drugs stored in relation to an automated pharmacy | 9 | | system must be stored in compliance with this Act and the rules | 10 | | adopted under this Act, including the requirements for | 11 | | temperature, proper storage containers, handling of outdated | 12 | | drugs, prescription dispensing, and delivery. | 13 | | (d) An automated pharmacy system operated from a remote | 14 | | site shall be under the continuous supervision of a home | 15 | | pharmacy pharmacist. To qualify as continuous supervision, the | 16 | | pharmacist is not required to be physically present at the site | 17 | | of the automated pharmacy system if the system is supervised | 18 | | electronically by a pharmacist, as defined by rule. | 19 | | (e) Drugs may only be dispensed at a remote site through an | 20 | | automated pharmacy system after receipt of an original | 21 | | prescription drug order by a pharmacist at the home pharmacy. A | 22 | | pharmacist at the home pharmacy must control all operations of | 23 | | the automated pharmacy system and approve the release of the | 24 | | initial dose of a prescription drug order. Refills from an | 25 | | approved prescription drug order may be removed from the | 26 | | automated medication system after this initial approval. Any |
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| 1 | | change made in the prescription drug order shall require a new | 2 | | approval by a pharmacist to release the drug. | 3 | | (f) If an automated pharmacy system uses removable | 4 | | cartridges or containers to store a drug, the stocking or | 5 | | restocking of the cartridges or containers may occur at a | 6 | | licensed wholesale drug distributor and be sent to the home | 7 | | pharmacy to be loaded after pharmacist verification by | 8 | | personnel designated by the pharmacist, provided that the | 9 | | individual cartridge or container is transported to the home | 10 | | pharmacy in a secure, tamper evident container. An automated | 11 | | pharmacy system must use a bar code verification or weight | 12 | | verification or electronic verification or similar process to | 13 | | ensure that the cartridge or container is accurately loaded | 14 | | into the automated pharmacy system. The pharmacist verifying | 15 | | the filling and labeling shall be responsible for ensuring that | 16 | | the cartridge or container is stocked or restocked correctly by | 17 | | personnel designated to load the cartridges or containers who | 18 | | are either registered pharmacy technicians or registered | 19 | | certified pharmacy technicians employed by the home pharmacy . | 20 | | An automated pharmacy system must use a bar code verification, | 21 | | electronic, or similar process, as defined by rule, to ensure | 22 | | that the proper medication is dispensed from the automated | 23 | | system. A record of each transaction with the automated | 24 | | pharmacy system must be maintained for 5 years. A prescription | 25 | | dispensed from an automated pharmacy system shall be deemed to | 26 | | have been approved by the pharmacist. No automated pharmacy |
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| 1 | | system shall be operated prior to inspection and approval by | 2 | | the Department.
| 3 | | (Source: P.A. 95-689, eff. 10-29-07.) | 4 | | (225 ILCS 85/25.10) | 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 25.10. Remote prescription processing. | 7 | | (a) In this Section, "remote prescription processing" | 8 | | means and includes the outsourcing of certain prescription | 9 | | functions to another pharmacy or licensed non-resident | 10 | | pharmacy , including the dispensing of drugs . "Remote | 11 | | prescription processing" includes any of the following | 12 | | activities related to the dispensing process: | 13 | | (1) Receiving, interpreting, evaluating, or clarifying | 14 | | prescriptions. | 15 | | (2) Entering prescription and patient data into a data | 16 | | processing system. | 17 | | (3) Transferring prescription information. | 18 | | (4) Performing a drug regimen review. | 19 | | (5) Obtaining refill or substitution authorizations or | 20 | | otherwise communicating with the prescriber concerning a | 21 | | patient's prescription. | 22 | | (6) Evaluating clinical data for prior authorization | 23 | | for dispensing. | 24 | | (7) Discussing therapeutic interventions with | 25 | | prescribers. |
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| 1 | | (8) Providing drug information or counseling | 2 | | concerning a patient's prescription to the patient or | 3 | | patient's agent, as defined in this Act. | 4 | | (b) A pharmacy may engage in remote prescription processing | 5 | | under the following conditions: | 6 | | (1) The pharmacies shall either have the same owner or | 7 | | have a written contract describing the scope of services to | 8 | | be provided and the responsibilities and accountabilities | 9 | | of each pharmacy in compliance with all federal and State | 10 | | laws and regulations related to the practice of pharmacy. | 11 | | (2) The pharmacies shall share a common electronic file | 12 | | or have technology that allows sufficient information | 13 | | necessary to process a non-dispensing function. | 14 | | (3) The records may be maintained separately by each | 15 | | pharmacy or in common electronic file shared by both | 16 | | pharmacies, provided that the system can produce a record | 17 | | at either location that shows showing each processing task, | 18 | | the identity of the person performing each task, and the | 19 | | location where each task was performed. | 20 | | (c) Nothing in this Section shall prohibit an individual | 21 | | employee licensed as a pharmacist from accessing the employer | 22 | | pharmacy's database from a pharmacist's home or other remote | 23 | | location or home verification for the purpose of performing | 24 | | certain prescription processing functions, provided that the | 25 | | pharmacy establishes controls to protect the privacy and | 26 | | security of confidential records.
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| 1 | | (Source: P.A. 95-689, eff. 10-29-07.) | 2 | | (225 ILCS 85/25.15) | 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 25.15. Telepharmacy.
| 5 | | (a) In this Section, "telepharmacy" means the provision of | 6 | | pharmacist care by a pharmacist that is accomplished through
| 7 | | the use of telecommunications or other technologies to patients
| 8 | | or their agents who are at a distance and are located within | 9 | | the
United States, and which follows all federal and State | 10 | | laws, rules,
and regulations with regard to privacy and | 11 | | security. | 12 | | (b) Any pharmacy engaged in the practice of telepharmacy | 13 | | must meet all of the following conditions:
| 14 | | (1) All events involving the contents of an
automated | 15 | | pharmacy system must be stored in a secure location
and may | 16 | | be recorded electronically. | 17 | | (2) An automated pharmacy or prescription dispensing | 18 | | machine system may be used in
conjunction with the | 19 | | pharmacy's practice of telepharmacy after inspection and | 20 | | approval by the Department. | 21 | | (3) The pharmacist in charge shall: | 22 | | (A) be responsible for the practice of | 23 | | telepharmacy
performed at a remote pharmacy, including | 24 | | the supervision of any
prescription dispensing machine | 25 | | or automated medication system; |
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| 1 | | (B) ensure that the home pharmacy has
sufficient | 2 | | pharmacists on duty for the safe operation and
| 3 | | supervision of all remote pharmacies; | 4 | | (C) ensure, through the use of a video and auditory
| 5 | | communication system, that a registered certified | 6 | | pharmacy technician at the remote
pharmacy has | 7 | | accurately and correctly prepared any prescription for
| 8 | | dispensing according to the prescription; | 9 | | (D) be responsible for the supervision and | 10 | | training of registered
certified pharmacy technicians | 11 | | at remote pharmacies who shall be subject to
all rules | 12 | | and regulations; and | 13 | | (E) ensure that patient counseling at the remote | 14 | | pharmacy is
performed by a pharmacist or student | 15 | | pharmacist.
| 16 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 17 | | (225 ILCS 85/27) (from Ch. 111, par. 4147)
| 18 | | (Section scheduled to be repealed on January 1, 2018)
| 19 | | Sec. 27. Fees. | 20 | | (a) The Department shall, by rule, provide for a schedule | 21 | | of fees to be paid for licenses and certificates. These fees | 22 | | shall be for the administration and enforcement of this Act, | 23 | | including without limitation original licensure and renewal | 24 | | and restoration of licensure. All fees are nonrefundable. | 25 | | (b) Applicants
for any examination as a pharmacist
shall be |
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| 1 | | required to pay, either to the Department or to the designated
| 2 | | testing service, a fee covering the cost of determining an | 3 | | applicant's
eligibility and providing the examination. Failure | 4 | | to appear for the
examination on the scheduled date, at the | 5 | | time and place specified,
after the applicant's application for | 6 | | examination has been received
and acknowledged by the | 7 | | Department or the designated testing service,
shall result in | 8 | | the forfeiture of the examination fee.
| 9 | | (c)
Applicants for the preliminary diagnostic examination | 10 | | shall be
required to pay, either to the Department or to the | 11 | | designated testing
service, a fee covering the cost of | 12 | | determining an applicant's eligibility
and providing the | 13 | | examination. Failure to appear for the examination
on the | 14 | | scheduled date, at the time and place specified, after the | 15 | | application
for examination has been received and acknowledged | 16 | | by the Department
or the designated testing service, shall | 17 | | result in the forfeiture of
the examination fee.
| 18 | | (d) All fees, fines, or penalties
received by the
| 19 | | Department under this Act shall be deposited in the Illinois | 20 | | State Pharmacy
Disciplinary Fund hereby created in the State | 21 | | Treasury and shall be used
by the Department in the exercise of | 22 | | its powers and performance of its duties under this Act, | 23 | | including, but not limited to, the provision for evidence in | 24 | | pharmacy investigations.
| 25 | | Moneys in the Fund may be transferred to the Professions | 26 | | Indirect Cost Fund
as authorized under Section 2105-300 of the |
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| 1 | | Department of
Professional Regulation Law (20 ILCS | 2 | | 2105/2105-300).
| 3 | | The moneys deposited in the Illinois State Pharmacy
| 4 | | Disciplinary Fund shall be invested to earn interest which | 5 | | shall accrue to
the Fund.
| 6 | | (e)
From the money received for license renewal fees, $5 | 7 | | from each
pharmacist fee, and $2.50 from each pharmacy | 8 | | technician fee, shall be set aside
within the Illinois State | 9 | | Pharmacy Disciplinary
Fund for the purpose of supporting a | 10 | | substance abuse program for
pharmacists and pharmacy | 11 | | technicians. | 12 | | (f) A pharmacy, manufacturer of controlled substances, or | 13 | | wholesale distributor of controlled substances that is | 14 | | licensed under this Act and owned and operated by the State is | 15 | | exempt from licensure, registration, renewal, and other fees | 16 | | required under this Act. | 17 | | Pharmacists and pharmacy technicians working in facilities | 18 | | owned and operated by the State are not exempt from the payment | 19 | | of fees required by this Act and any rules adopted under this | 20 | | Act. | 21 | | Nothing in this subsection (f) shall be construed to | 22 | | prohibit the Department from imposing any fine or other penalty | 23 | | allowed under this Act.
| 24 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 25 | | (225 ILCS 85/28) (from Ch. 111, par. 4148)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 28. Returned checks; fines. Any person who delivers a | 3 | | check or other payment to the Department that
is returned to | 4 | | the Department unpaid by the financial institution upon
which | 5 | | it is drawn shall pay to the Department, in addition to the | 6 | | amount
already owed to the Department, a fine of $50. The fines | 7 | | imposed by this Section are in addition
to any other discipline | 8 | | provided under this Act for unlicensed
practice or practice on | 9 | | a nonrenewed license. The Department shall notify
the person | 10 | | that payment of fees and fines shall be paid to the Department
| 11 | | by certified check or money order within 30 calendar days of | 12 | | the
notification. If, after the expiration of 30 days from the | 13 | | date of the
notification, the person has failed to submit the | 14 | | necessary remittance, the
Department shall automatically | 15 | | terminate the license or certificate or deny
the application, | 16 | | without hearing. If, after termination or denial, the
person | 17 | | seeks a license or certificate , he or she shall apply to the
| 18 | | Department for restoration or issuance of the license or | 19 | | certificate and
pay all fees and fines due to the Department. | 20 | | The Department may establish
a fee for the processing of an | 21 | | application for restoration of a license or
certificate to pay | 22 | | all expenses of processing this application. The Secretary | 23 | | Director
may waive the fines due under this Section in | 24 | | individual cases where the Secretary
Director finds that the | 25 | | fines would be unreasonable or unnecessarily
burdensome.
| 26 | | (Source: P.A. 92-146, eff. 1-1-02 .)
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| 1 | | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 30. Refusal, revocation, or suspension , or other | 4 | | discipline . | 5 | | (a) The Department may refuse to issue or renew, or may | 6 | | revoke a license or registration , or may suspend, place on | 7 | | probation, fine, or take any disciplinary or non-disciplinary | 8 | | action as the Department may deem proper, including fines not | 9 | | to exceed $10,000 for each violation, with regard to any | 10 | | licensee or registrant for any one or combination of the | 11 | | following causes:
| 12 | | 1. Material misstatement in furnishing information to | 13 | | the Department.
| 14 | | 2. Violations of this Act, or the rules promulgated | 15 | | hereunder.
| 16 | | 3. Making any misrepresentation for the purpose of | 17 | | obtaining licenses.
| 18 | | 4. A pattern of conduct which demonstrates | 19 | | incompetence or unfitness
to practice.
| 20 | | 5. Aiding or assisting another person in violating any | 21 | | provision of
this Act or rules.
| 22 | | 6. Failing, within 60 days, to respond to a written | 23 | | request made by
the Department for information.
| 24 | | 7. Engaging in unprofessional, dishonorable, or | 25 | | unethical conduct of
a character likely to deceive, defraud |
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| 1 | | or harm the public.
| 2 | | 8. Adverse action taken by another state or | 3 | | jurisdiction against a license or other authorization to | 4 | | practice as a pharmacy, pharmacist, registered certified | 5 | | pharmacy technician, or registered pharmacy technician | 6 | | that is the same or substantially equivalent to those set | 7 | | forth in this Section, a certified copy of the record of | 8 | | the action taken by the other state or jurisdiction being | 9 | | prima facie evidence thereof. Discipline by another U.S. | 10 | | jurisdiction or foreign nation, if at
least one of the | 11 | | grounds for the discipline is the same or substantially
| 12 | | equivalent to those set forth herein.
| 13 | | 9. Directly or indirectly giving to or receiving from | 14 | | any person, firm,
corporation, partnership, or association | 15 | | any fee, commission, rebate
or other form of compensation | 16 | | for any professional services not actually
or personally | 17 | | rendered. Nothing in this item 9 affects any bona fide | 18 | | independent contractor or employment arrangements among | 19 | | health care professionals, health facilities, health care | 20 | | providers, or other entities, except as otherwise | 21 | | prohibited by law. Any employment arrangements may include | 22 | | provisions for compensation, health insurance, pension, or | 23 | | other employment benefits for the provision of services | 24 | | within the scope of the licensee's practice under this Act. | 25 | | Nothing in this item 9 shall be construed to require an | 26 | | employment arrangement to receive professional fees for |
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| 1 | | services rendered.
| 2 | | 10. A finding by the Department that the licensee, | 3 | | after having his
license placed on probationary status has | 4 | | violated the terms of probation.
| 5 | | 11. Selling or engaging in the sale of drug samples | 6 | | provided at no
cost by drug manufacturers.
| 7 | | 12. Physical illness, including but not limited to, | 8 | | deterioration through
the aging process, or loss of motor | 9 | | skill which results in the inability
to practice the | 10 | | profession with reasonable judgment, skill or safety.
| 11 | | 13. A finding that licensure or registration has been | 12 | | applied for or
obtained by fraudulent means.
| 13 | | 14. Conviction by plea of guilty or nolo contendere, | 14 | | finding of guilt, jury verdict, or entry of judgment or | 15 | | sentencing, including, but not limited to, convictions, | 16 | | preceding sentences of supervision, conditional discharge, | 17 | | or first offender probation, under the laws of any | 18 | | jurisdiction of the United States that is (i) a felony or | 19 | | (ii) a misdemeanor, an essential element of which is | 20 | | dishonesty, or that is directly related to the practice of | 21 | | pharmacy. The applicant or licensee has been convicted in | 22 | | state or federal
court of or entered a plea of guilty, nolo | 23 | | contendere, or the equivalent in a state or federal court | 24 | | to any crime which is a felony or any misdemeanor related | 25 | | to
the practice of pharmacy or which an essential element | 26 | | is dishonesty.
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| 1 | | 15. Habitual or excessive use or addiction to alcohol, | 2 | | narcotics, stimulants
or any other chemical agent or drug | 3 | | which results in the inability
to practice with reasonable | 4 | | judgment, skill or safety.
| 5 | | 16. Willfully making or filing false records or reports | 6 | | in the practice
of pharmacy, including, but not limited to | 7 | | false records to support
claims against the medical | 8 | | assistance program of the Department of Healthcare and | 9 | | Family Services (formerly Department of
Public Aid) under | 10 | | the Public Aid Code.
| 11 | | 17. Gross and willful overcharging for professional | 12 | | services including
filing false statements for collection | 13 | | of fees for which services are
not rendered, including, but | 14 | | not limited to, filing false statements
for collection of | 15 | | monies for services not rendered from the medical
| 16 | | assistance program of the Department of Healthcare and | 17 | | Family Services (formerly Department of Public Aid) under | 18 | | the Public Aid Code.
| 19 | | 18. Dispensing prescription drugs without receiving a
| 20 | | written or oral prescription in violation of law.
| 21 | | 19. Upon a finding of a substantial discrepancy in a | 22 | | Department audit
of a prescription drug, including | 23 | | controlled substances, as that term
is defined in this Act | 24 | | or in the Illinois Controlled Substances Act.
| 25 | | 20. Physical or mental illness or any other impairment | 26 | | or disability, including , without limitation : (A) |
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| 1 | | deterioration through the aging process or loss of motor | 2 | | skills that
results in the inability to practice with
| 3 | | reasonable judgment, skill or safety ; , or (B) mental | 4 | | incompetence,
as declared
by a court of competent | 5 | | jurisdiction.
| 6 | | 21. Violation of the Health Care Worker Self-Referral | 7 | | Act.
| 8 | | 22. Failing to sell or dispense any drug, medicine, or | 9 | | poison in good
faith. "Good faith", for the purposes of | 10 | | this Section, has the meaning
ascribed
to it in subsection | 11 | | (u) of Section 102 of the Illinois Controlled Substances
| 12 | | Act. "Good faith", as used in this item (22), shall not be | 13 | | limited to the sale or dispensing of controlled substances, | 14 | | but shall apply to all prescription drugs.
| 15 | | 23. Interfering with the professional judgment of a | 16 | | pharmacist by
any licensee registrant under this Act, or | 17 | | the licensee's his or her agents or employees.
| 18 | | 24. Failing to report within 60 days to the Department
| 19 | | any adverse final action taken against a pharmacy, | 20 | | pharmacist, registered pharmacy pharmacist technician, or | 21 | | registered certified pharmacy pharmacist technician by | 22 | | another licensing jurisdiction in any other state or any | 23 | | territory of the United States or any foreign jurisdiction, | 24 | | any governmental agency, any law enforcement agency, or any | 25 | | court for acts or conduct similar to acts or conduct that | 26 | | would constitute grounds for discipline as defined in this |
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| 1 | | Section. | 2 | | 25. Failing to comply with a subpoena issued in | 3 | | accordance with Section 35.5 of this Act.
| 4 | | 26. Disclosing protected health information in | 5 | | violation of any State or federal law. | 6 | | 27. Willfully failing to report an instance of | 7 | | suspected abuse, neglect, financial exploitation, or | 8 | | self-neglect of an eligible adult as defined in and | 9 | | required by the Adult Protective Services Act. | 10 | | 28. Being named as an abuser in a verified report by | 11 | | the Department on Aging under the Adult Protective Services | 12 | | Act, and upon proof by clear and convincing evidence that | 13 | | the licensee abused, neglected, or financially exploited | 14 | | an eligible adult as defined in the Adult Protective | 15 | | Services Act. | 16 | | (b) The Department may refuse to issue or may suspend the | 17 | | license or
registration of any person who fails to file a | 18 | | return, or to pay the tax,
penalty or interest shown in a filed | 19 | | return, or to pay any final assessment
of tax, penalty or | 20 | | interest, as required by any tax Act administered by the
| 21 | | Illinois Department of Revenue, until such time as the | 22 | | requirements of any
such tax Act are satisfied.
| 23 | | (c) The Department shall revoke any the license or | 24 | | certificate of
registration issued under the provisions of this | 25 | | Act or any prior Act of
this State of any person who has been | 26 | | convicted a second time of committing
any felony under the |
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| 1 | | Illinois Controlled Substances Act, or who
has been convicted a | 2 | | second time of committing a Class 1 felony under
Sections 8A-3 | 3 | | and 8A-6 of the Illinois Public Aid Code. A
person whose | 4 | | license or certificate of registration issued under the
| 5 | | provisions of this Act or any prior Act of this State is | 6 | | revoked under this
subsection (c) shall be prohibited from | 7 | | engaging in the practice of
pharmacy in this State.
| 8 | | (d) Fines may be imposed in conjunction with other forms of | 9 | | disciplinary action, but shall not be the exclusive disposition | 10 | | of any disciplinary action arising out of conduct resulting in | 11 | | death or injury to a patient. Fines shall be paid within 60 | 12 | | days or as otherwise agreed to by the Department. Any funds | 13 | | collected from such fines shall be deposited in the Illinois | 14 | | State Pharmacy Disciplinary Fund.
| 15 | | (e) The entry of an order or judgment by any circuit court | 16 | | establishing that any person holding a license or certificate | 17 | | under this Act is a person in need of mental treatment operates | 18 | | as a suspension of that license. A licensee may resume his or | 19 | | her practice only upon the entry of an order of the Department | 20 | | based upon a finding by the Board that he or she has been | 21 | | determined to be recovered from mental illness by the court and | 22 | | upon the Board's recommendation that the licensee be permitted | 23 | | to resume his or her practice.
| 24 | | (f) The Department shall issue quarterly to the Board a | 25 | | status of all
complaints related to the profession received by | 26 | | the Department.
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| 1 | | (g) In enforcing this Section, the Board or the Department, | 2 | | upon a showing of a possible violation, may compel any licensee | 3 | | or applicant for licensure under this Act to submit to a mental | 4 | | or physical examination or both, as required by and at the | 5 | | expense of the Department. The examining physician, or | 6 | | multidisciplinary team involved in providing physical and | 7 | | mental examinations led by a physician consisting of one or a | 8 | | combination of licensed physicians, licensed clinical | 9 | | psychologists, licensed clinical social workers, licensed | 10 | | clinical professional counselors, and other professional and | 11 | | administrative staff, shall be those specifically designated | 12 | | by the Department. The Board or the Department may order the | 13 | | examining physician or any member of the multidisciplinary team | 14 | | to present testimony concerning this mental or physical | 15 | | examination of the licensee or applicant. No information, | 16 | | report, or other documents in any way related to the | 17 | | examination shall be excluded by reason of any common law or | 18 | | statutory privilege relating to communication between the | 19 | | licensee or applicant and the examining physician or any member | 20 | | of the multidisciplinary team. The individual to be examined | 21 | | may have, at his or her own expense, another physician of his | 22 | | or her choice present during all aspects of the examination. | 23 | | Failure of any individual to submit to a mental or physical | 24 | | examination when directed shall result in the automatic | 25 | | suspension be grounds for suspension of his or her license | 26 | | until such time as the individual submits to the examination if |
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| 1 | | the Board finds, after notice and hearing, that the refusal to | 2 | | submit to the examination was without reasonable cause . If the | 3 | | Board or Department finds a pharmacist, registered certified | 4 | | pharmacy technician, or registered pharmacy technician unable | 5 | | to practice because of the reasons set forth in this Section, | 6 | | the Board or Department shall require such pharmacist, | 7 | | registered certified pharmacy technician, or registered | 8 | | pharmacy technician to submit to care, counseling, or treatment | 9 | | by physicians or other appropriate health care providers | 10 | | approved or designated by the Department Board as a condition | 11 | | for continued, reinstated, or renewed licensure to practice. | 12 | | Any pharmacist, registered certified pharmacy technician, or | 13 | | registered pharmacy technician whose license was granted, | 14 | | continued, reinstated, renewed, disciplined, or supervised, | 15 | | subject to such terms, conditions, or restrictions, and who | 16 | | fails to comply with such terms, conditions, or restrictions or | 17 | | to complete a required program of care, counseling, or | 18 | | treatment, as determined by the chief pharmacy coordinator or a | 19 | | deputy pharmacy coordinator , shall be referred to the Secretary | 20 | | for a determination as to whether the licensee shall have his | 21 | | or her license suspended immediately, pending a hearing by the | 22 | | Board. In instances in which the Secretary immediately suspends | 23 | | a license under this subsection (g), a hearing upon such | 24 | | person's license must be convened by the Board within 15 days | 25 | | after such suspension and completed without appreciable delay. | 26 | | The Department and Board Board shall have the authority to |
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| 1 | | review the subject pharmacist's, registered certified pharmacy | 2 | | technician's, or registered pharmacy technician's record of | 3 | | treatment and counseling regarding the impairment.
| 4 | | (h) An individual or organization acting in good faith, and | 5 | | not in a willful and wanton manner, in complying with this | 6 | | Section by providing a report or other information to the | 7 | | Board, by assisting in the investigation or preparation of a | 8 | | report or information, by participating in proceedings of the | 9 | | Board, or by serving as a member of the Board shall not, as a | 10 | | result of such actions, be subject to criminal prosecution or | 11 | | civil damages. | 12 | | (i) Members of the Board shall be indemnified by the State | 13 | | for any actions occurring within the scope of services on the | 14 | | Board, done in good faith, and not willful and wanton in | 15 | | nature. The Attorney General shall defend all such actions | 16 | | unless he or she determines either that there would be a | 17 | | conflict of interest in such representation or that the actions | 18 | | complained of were not in good faith or were willful and | 19 | | wanton. | 20 | | If the Attorney General declines representation, the | 21 | | member shall have the right to employ counsel of his or her | 22 | | choice, whose fees shall be provided by the State, after | 23 | | approval by the Attorney General, unless there is a | 24 | | determination by a court that the member's actions were not in | 25 | | good faith or were willful and wanton. | 26 | | The member must notify the Attorney General within 7 days |
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| 1 | | of receipt of notice of the initiation of any action involving | 2 | | services of the Board. Failure to so notify the Attorney | 3 | | General shall constitute an absolute waiver of the right to a | 4 | | defense and indemnification. | 5 | | The Attorney General shall determine, within 7 days after | 6 | | receiving such notice, whether he or she will undertake to | 7 | | represent the member. | 8 | | (Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07; | 9 | | 96-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
| 10 | | (225 ILCS 85/30.5) | 11 | | (Section scheduled to be repealed on January 1, 2018) | 12 | | Sec. 30.5. Suspension of license or certificate for failure | 13 | | to pay restitution. The Department, without further process or | 14 | | hearing, shall suspend the license issued under this Act or | 15 | | other authorization to practice of any person issued under this | 16 | | Act who has been certified by court order as not having paid | 17 | | restitution to a person under Section 8A-3.5 of the Illinois | 18 | | Public Aid Code or under Section 17-10.5 or 46-1 of the | 19 | | Criminal Code of 1961 or the Criminal Code of 2012. A person | 20 | | whose license or other authorization to practice is suspended | 21 | | under this Section is prohibited from practicing until the | 22 | | restitution is made in full.
| 23 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 24 | | (225 ILCS 85/32) (from Ch. 111, par. 4152)
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| 1 | | (Section scheduled to be repealed on January 1, 2018)
| 2 | | Sec. 32.
The Department shall render no final | 3 | | administrative decision
relative to any application for a | 4 | | license or certificate of registration
under this Act if the | 5 | | applicant for such license or certificate of registration
is | 6 | | the subject of a pending disciplinary proceeding under this Act
| 7 | | or another Act administered by the Department. For purposes of | 8 | | this
Section "applicant" means an individual or sole | 9 | | proprietor, or an individual
who is an officer, director or | 10 | | owner of a 5 percent or more beneficial
interest of the | 11 | | applicant.
| 12 | | (Source: P.A. 85-796 .)
| 13 | | (225 ILCS 85/33) (from Ch. 111, par. 4153)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 33. The Secretary Director of the Department may, upon | 16 | | receipt of a
written communication from the Secretary of Human | 17 | | Services, the Director of Healthcare and Family Services | 18 | | (formerly Director of
Public Aid), or the Director of Public | 19 | | Health
that continuation of practice of a person
licensed or | 20 | | registered under this Act constitutes an immediate danger
to | 21 | | the public, immediately suspend the license or registration of | 22 | | such
person without a hearing. In instances in which the | 23 | | Secretary Director immediately
suspends a license or | 24 | | registration under this Act, a hearing
upon such person's | 25 | | license must be convened by the Board within 15 days
after such |
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| 1 | | suspension and completed without appreciable delay, such
| 2 | | hearing held to determine whether to recommend to the Secretary | 3 | | Director that
the person's license be revoked, suspended, | 4 | | placed on probationary
status or reinstated, or such person be | 5 | | subject to other disciplinary
action. In such hearing, the | 6 | | written communication and any other evidence
submitted | 7 | | therewith may be introduced as evidence against such person;
| 8 | | provided however, the person, or his counsel, shall have the | 9 | | opportunity
to discredit or impeach such evidence and submit | 10 | | evidence rebutting
same.
| 11 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 12 | | (225 ILCS 85/34) (from Ch. 111, par. 4154)
| 13 | | (Section scheduled to be repealed on January 1, 2018)
| 14 | | Sec. 34.
The determination by a circuit court that a | 15 | | licensee is
subject to involuntary admission or judicial | 16 | | admission as provided
in the "Mental Health and Developmental | 17 | | Disabilities Code", approved
September 5, 1978, as now or | 18 | | hereafter amended operates as an automatic
suspension. Such | 19 | | suspension will end only upon a finding by a court
that the | 20 | | patient is no longer subject to involuntary admission or | 21 | | judicial
admission and issues an order so finding and | 22 | | discharging the patient;
and upon the recommendation of the | 23 | | Board to the Department Director that the licensee
be allowed | 24 | | to resume his practice.
| 25 | | (Source: P.A. 85-796 .)
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| 1 | | (225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
| 2 | | (Section scheduled to be repealed on January 1, 2018)
| 3 | | Sec. 35.1. (a) If any person violates the provision of this | 4 | | Act,
the Secretary
Director may, in the name of the People of | 5 | | the State of Illinois, through the
Attorney General of the | 6 | | State of Illinois, or the State's Attorney
of any county in | 7 | | which the action is brought, petition, for an order
enjoining | 8 | | such violation or for an order enforcing compliance with
this | 9 | | Act. Upon the filing of a verified petition in such court, the
| 10 | | court may issue a temporary restraining order, without notice | 11 | | or bond,
and may preliminarily and permanently enjoin such | 12 | | violation, and if
it is established that such person has | 13 | | violated or is violating the
injunction, the Court may punish | 14 | | the offender for contempt of court.
Proceedings under this | 15 | | Section shall be in addition to, and not in
lieu of, all other | 16 | | remedies and penalties provided by this Act.
| 17 | | (b) If any person shall practice as a pharmacist or hold | 18 | | himself
out
as a pharmacist or operate a pharmacy or drugstore, | 19 | | including a nonresident
pharmacy under Section 16a, without | 20 | | being licensed under the provisions of
this
Act, then any | 21 | | licensed pharmacist, any interested party or any person
injured | 22 | | thereby may, in addition to the Secretary Director , petition | 23 | | for relief
as provided in subsection (a) of this Section.
| 24 | | Whoever knowingly practices or offers to practice in this | 25 | | State without
being appropriately licensed or registered under |
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| 1 | | this Act shall be guilty
of a Class A misdemeanor and for each | 2 | | subsequent conviction, shall
be guilty of a Class 4 felony.
| 3 | | (c) Whenever in the opinion of the Department any person | 4 | | not
licensed
in good standing under this Act violates any | 5 | | provision of this Act,
the Department may issue a rule to show | 6 | | cause why an order to cease
and desist should not be entered | 7 | | against him. The rule shall clearly
set forth the grounds | 8 | | relied upon by the Department and shall provide
a period of 7 | 9 | | days from the date of the rule to file an answer to the
| 10 | | satisfaction of the Department. Failure to answer to the | 11 | | satisfaction
of the Department shall cause an order to cease | 12 | | and desist to be issued
forthwith.
| 13 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 14 | | (225 ILCS 85/35.2) (from Ch. 111, par. 4155.2)
| 15 | | (Section scheduled to be repealed on January 1, 2018)
| 16 | | Sec. 35.2. The Department's pharmacy investigators
may | 17 | | investigate the actions of any applicant or of any person or | 18 | | persons
holding or claiming to hold a license or registration . | 19 | | The Department
shall, before suspending, revoking, placing on | 20 | | probationary status,
or taking any other disciplinary or | 21 | | non-disciplinary action as the Department may deem
proper with | 22 | | regard to any license or certificate , at least 30 days
prior to | 23 | | the date set for the hearing, notify the accused in writing
of | 24 | | any charges made and the time and place for a hearing of the | 25 | | charges
before the Board, direct him or her to file his or her |
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| 1 | | written answer thereto to
the Board under oath within 20 days | 2 | | after the service on him or her of such
notice and inform him | 3 | | or her that if he or she fails to file such answer default
will | 4 | | be taken against him or her and his or her license or | 5 | | certificate may be suspended,
revoked, placed on probationary | 6 | | status, or have other disciplinary
action, including limiting | 7 | | the scope, nature or extent of his or her practice,
provided | 8 | | for herein. Such written notice may be served by personal
| 9 | | delivery , email to the respondent's email address of record, or | 10 | | certified or registered mail to the respondent at his or her
| 11 | | address
of record. At the time and place
fixed in the notice, | 12 | | the Board shall proceed to hear the charges and
the parties or | 13 | | their counsel shall be accorded ample opportunity to
present | 14 | | such statements, testimony, evidence and argument as may be
| 15 | | pertinent to the charges or to the defense thereto. Such | 16 | | hearing may
be continued from time to time. In case the accused | 17 | | person, after
receiving notice, fails to file an answer, his or | 18 | | her license or certificate
may , in the discretion of the | 19 | | Secretary Director , having received first the recommendation
| 20 | | of the Board, be suspended, revoked, placed on probationary | 21 | | status,
or the Secretary Director may take whatever | 22 | | disciplinary action as he or she may deem
proper as provided | 23 | | herein, including limiting the scope, nature, or
extent of said | 24 | | person's practice, without a hearing, if the act or
acts | 25 | | charged constitute sufficient grounds for such action under | 26 | | this
Act.
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| 1 | | (Source: P.A. 95-689, eff. 10-29-07 .)
| 2 | | (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
| 3 | | (Section scheduled to be repealed on January 1, 2018)
| 4 | | Sec. 35.5. The Department shall have power to subpoena
and | 5 | | bring before it any person in this State and to take testimony,
| 6 | | either orally or by deposition or both, with the same fees and | 7 | | mileage
and in the same manner as prescribed by law in judicial | 8 | | proceedings
in civil cases in circuit courts of this State. The | 9 | | Department may subpoena and compel the production of documents, | 10 | | papers, files, books, and records in connection with any | 11 | | hearing or investigation.
| 12 | | The Secretary Director , and any member of the Board, shall | 13 | | each have power to
administer oaths to witnesses at any hearing | 14 | | which the Department is
authorized to conduct under this Act, | 15 | | and any other oaths required
or authorized to be administered | 16 | | by the Department hereunder.
| 17 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 18 | | (225 ILCS 85/35.6) (from Ch. 111, par. 4155.6)
| 19 | | (Section scheduled to be repealed on January 1, 2018)
| 20 | | Sec. 35.6.
At the conclusion of the hearing, the Board
| 21 | | shall present to the Secretary Director a written report of its | 22 | | findings of fact,
conclusions of law, and recommendations. The | 23 | | report shall contain
a finding whether or not the accused | 24 | | person violated this Act or failed
to comply with the |
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| 1 | | conditions required in this Act. The Board shall
specify the | 2 | | nature of the violation or failure to comply, and shall
make | 3 | | its recommendations to the Secretary Director .
| 4 | | The report of findings of fact, conclusions of law, and | 5 | | recommendations
of the Board shall be the basis for the | 6 | | Department's order or refusal
or for the granting of a license | 7 | | or registration . The finding is not
admissible in evidence | 8 | | against the person in a criminal prosecution
brought for the | 9 | | violation of this Act, but the hearing and finding
are not a | 10 | | bar to a criminal prosecution brought for the violation of
this | 11 | | Act.
| 12 | | (Source: P.A. 85-796 .)
| 13 | | (225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
| 14 | | (Section scheduled to be repealed on January 1, 2018)
| 15 | | Sec. 35.7. Notwithstanding
the provisions of Section 35.6 | 16 | | of this Act, the Secretary Director shall have
the authority to | 17 | | appoint any attorney duly licensed to practice law
in the State | 18 | | of Illinois to serve as the hearing officer in any action
| 19 | | before the Board for refusal to issue, renew, or discipline of | 20 | | a license
or certificate. The Director shall notify the Board | 21 | | of any such appointment .
The hearing officer shall have full | 22 | | authority to conduct the hearing.
There may shall be present at | 23 | | least one or more members member of the Board at any such
| 24 | | hearing. The hearing officer shall report his findings of fact, | 25 | | conclusions
of law and recommendations to the Board and the |
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| 1 | | Secretary Director . The Board
shall have 60 days from receipt | 2 | | of the report to review the report
of the hearing officer and | 3 | | present their findings of fact, conclusions
of law, and | 4 | | recommendations to the Secretary Director . If the Board fails | 5 | | to
present its report within the 60-day 60 day period, the | 6 | | respondent may request in writing a direct appeal to the | 7 | | Secretary, in which case the Secretary may shall, within 7 | 8 | | calendar days after the request, issue an order directing the | 9 | | Board to issue its findings of fact, conclusions of law, and | 10 | | recommendations to the Secretary within 30 calendar days after | 11 | | such order. If the Board fails to issue its findings of fact, | 12 | | conclusions of law, and recommendations within that time frame | 13 | | to the Secretary after the entry of such order, the Secretary | 14 | | shall, within 30 calendar days thereafter, issue an order based | 15 | | upon the report of the hearing officer and the record of the | 16 | | proceedings or issue an order remanding the matter back to the | 17 | | hearing officer for additional proceedings in accordance with | 18 | | the order. If (i) a direct appeal is requested, (ii) the Board | 19 | | fails to issue its findings of fact, conclusions of law, and | 20 | | recommendations within the 30-day mandate from the Secretary or | 21 | | the Secretary fails to order the Board to do so, and (iii) the | 22 | | Secretary fails to issue an order within 30 calendar days | 23 | | thereafter, then the hearing officer's report is deemed | 24 | | accepted and a final decision of the Secretary. Notwithstanding | 25 | | any other provision of this Section, if the Secretary, upon | 26 | | review, determines that substantial justice has not been done |
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| 1 | | in the revocation, suspension, or refusal to issue or renew a | 2 | | license or other disciplinary action taken as the result of the | 3 | | entry of the hearing officer's report, the Secretary may order | 4 | | a rehearing by the same or other examiners. If the Secretary | 5 | | disagrees with the recommendation of the Board or the hearing | 6 | | officer, the Secretary may issue an order in contravention of | 7 | | the recommendation.
| 8 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 9 | | (225 ILCS 85/35.8) (from Ch. 111, par. 4155.8)
| 10 | | (Section scheduled to be repealed on January 1, 2018)
| 11 | | Sec. 35.8.
In any case involving the refusal to issue,
| 12 | | renew or discipline of a license or registration , a copy of the | 13 | | Board's
report shall be served upon the respondent by the | 14 | | Department, either
personally or as provided in this Act for | 15 | | the service of the notice
of hearing. Within 20 days after such | 16 | | service, the respondent may
present to the Department a motion | 17 | | in writing for a rehearing, which
motion shall specify the | 18 | | particular grounds therefor. If no motion for
rehearing is | 19 | | filed, then upon the expiration
of the time specified for | 20 | | filing such a motion, or if a motion for
rehearing is denied, | 21 | | then upon such denial the Secretary Director may enter an
order | 22 | | in accordance with recommendations of the Board except as | 23 | | provided
in Section 35.6 or 35.7 of this Act. If the respondent | 24 | | shall order
from the reporting service, and pay for a | 25 | | transcript of the record
within the time for filing a motion |
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| 1 | | for rehearing, the 20-day 20 day period
within which such a | 2 | | motion may be filed shall commence upon the delivery
of the | 3 | | transcript to the respondent.
| 4 | | (Source: P.A. 85-796 .)
| 5 | | (225 ILCS 85/35.12) (from Ch. 111, par. 4155.12)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 35.12. Notwithstanding the provisions herein | 8 | | concerning the
conduct of hearings and recommendations for | 9 | | disciplinary actions, the Secretary
Director shall have the | 10 | | authority to negotiate agreements with licensees
and | 11 | | registrants resulting in disciplinary consent orders provided | 12 | | a Board
member is present and the discipline is recommended by | 13 | | a the Board member.
Such consent orders may provide for any of | 14 | | the forms of discipline otherwise
provided herein or any other | 15 | | disciplinary or non-disciplinary action the parties agree to . | 16 | | Such consent orders shall provide that they were not entered
| 17 | | into as a result of any coercion by the Department.
| 18 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 19 | | (225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 35.13. Order or certified copy; prima facie proof. An | 22 | | order or a
certified copy thereof, over the seal of the | 23 | | Department and purporting to be
signed by the Secretary | 24 | | Director , shall be prima facie proof that:
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| 1 | | (a) the signature is the genuine signature of the | 2 | | Secretary
Director ;
| 3 | | (b) the Secretary Director is duly appointed and | 4 | | qualified;
and
| 5 | | (c) the Board and the members thereof are qualified to | 6 | | act.
| 7 | | (Source: P.A. 91-357, eff. 7-29-99 .)
| 8 | | (225 ILCS 85/35.14) (from Ch. 111, par. 4155.14)
| 9 | | (Section scheduled to be repealed on January 1, 2018)
| 10 | | Sec. 35.14.
At any time after the successful completion of | 11 | | a term of probation, suspension , or revocation of any license
| 12 | | certificate , the Department may restore it to the accused | 13 | | person without
examination, upon the written recommendation of | 14 | | the Board. A license that has been suspended or revoked shall | 15 | | be considered nonrenewed for purposes of restoration and a | 16 | | person restoring his or her license from suspension or | 17 | | revocation must comply with the requirements for restoration of | 18 | | a nonrenewed license as set forth in Section 12 of this Act and | 19 | | any related rules adopted.
| 20 | | (Source: P.A. 85-796 .)
| 21 | | (225 ILCS 85/35.15) (from Ch. 111, par. 4155.15)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 35.15.
Upon the revocation or suspension
of any | 24 | | license or registration , the holder shall forthwith surrender
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| 1 | | the license license(s) or registration(s) to the Department and | 2 | | if the licensee
fails to do so, the Department shall have the | 3 | | right to seize the license license(s)
or certificate(s) .
| 4 | | (Source: P.A. 85-796 .)
| 5 | | (225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
| 6 | | (Section scheduled to be repealed on January 1, 2018)
| 7 | | Sec. 35.16. The Secretary may
temporarily suspend the | 8 | | license of a pharmacist , or pharmacy, registered or the | 9 | | registration of a pharmacy technician ,
or registered certified | 10 | | pharmacy technician, without a hearing, simultaneously
with | 11 | | the institution of proceedings for a hearing provided for in | 12 | | Section
35.2 of this Act, if the Secretary finds that evidence | 13 | | in his possession
indicates that a continuation in practice | 14 | | would constitute an imminent
danger to the public. In the event | 15 | | that the Secretary suspends, temporarily,
this license or | 16 | | registration without a hearing, a hearing by the Department
| 17 | | must be held within 15
days after such suspension has occurred, | 18 | | and
be concluded without appreciable delay.
| 19 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 20 | | (225 ILCS 85/35.18) (from Ch. 111, par. 4155.18)
| 21 | | (Section scheduled to be repealed on January 1, 2018)
| 22 | | Sec. 35.18. Certification of record. The Department
shall | 23 | | not be required to certify any record to the court , or to file | 24 | | an any
answer in court , or to otherwise appear in any court in |
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| 1 | | a judicial review
proceeding , unless and until the Department | 2 | | has received from the plaintiff there is filed in the court, | 3 | | with the complaint,
a receipt from the Department acknowledging | 4 | | payment of the costs of
furnishing and certifying the record , | 5 | | which costs shall be determined by the Department . Exhibits | 6 | | shall be certified without cost. Failure on the part
of the | 7 | | plaintiff to file a receipt in court shall be grounds for
| 8 | | dismissal of the action. During the pendency and hearing of any | 9 | | and all judicial proceedings incident to the disciplinary | 10 | | action the sanctions imposed upon the accused by the Department | 11 | | because of acts or omissions related to the delivery of direct | 12 | | patient care as specified in the Department's final | 13 | | administrative decision, shall, as a matter of public policy, | 14 | | remain in full force and effect in order to protect the public | 15 | | pending final resolution of any of the proceedings.
| 16 | | (Source: P.A. 87-1031 .)
| 17 | | (225 ILCS 85/35.20 new) | 18 | | Sec. 35.20. Confidentiality. All information collected by | 19 | | the Department in the course of an examination or investigation | 20 | | of a licensee or applicant, including, but not limited to, any | 21 | | complaint against a licensee filed with the Department and | 22 | | information collected to investigate any such complaint, shall | 23 | | be maintained for the confidential use of the Department and | 24 | | shall not be disclosed. The Department may not disclose the | 25 | | information to anyone other than law enforcement officials, |
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| 1 | | other regulatory agencies that have an appropriate regulatory | 2 | | interest as determined by the Secretary, or to a party | 3 | | presenting a lawful subpoena to the Department. Information and | 4 | | documents disclosed to a federal, State, county, or local law | 5 | | enforcement agency shall not be disclosed by the agency for any | 6 | | purpose to any other agency or person. A formal complaint filed | 7 | | against a licensee by the Department or any order issued by the | 8 | | Department against a licensee or applicant shall be a public | 9 | | record, except as otherwise prohibited by law. | 10 | | (225 ILCS 85/35.21 new) | 11 | | Sec. 35.21. Citations. | 12 | | (a) The Department shall adopt rules to permit the issuance | 13 | | of citations to any licensee for any violation of this Act or | 14 | | the rules. The citation shall be issued to the licensee or | 15 | | other person alleged to have committed one or more violations | 16 | | and shall contain the licensee's or other person's name and | 17 | | address, the licensee's license number, if any, a brief factual | 18 | | statement, the Sections of this Act or the rules allegedly | 19 | | violated, and the penalty imposed, which shall not exceed | 20 | | $1,000. The citation must clearly state that if the cited | 21 | | person wishes to dispute the citation, he or she may request in | 22 | | writing, within 30 days after the citation is served, a hearing | 23 | | before the Department. If the cited person does not request a | 24 | | hearing within 30 days after the citation is served, then the | 25 | | citation shall become a final, non-disciplinary order and any |
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| 1 | | fine imposed is due and payable. If the cited person requests a | 2 | | hearing within 30 days after the citation is served, the | 3 | | Department shall afford the cited person a hearing conducted in | 4 | | the same manner as a hearing provided in this Act for any | 5 | | violation of this Act and shall determine whether the cited | 6 | | person committed the violation as charged and whether the fine | 7 | | as levied is warranted. If the violation is found, any fine | 8 | | shall constitute discipline and be due and payable within 30 | 9 | | days of the order of the Secretary. Failure to comply with any | 10 | | final order may subject the licensed person to further | 11 | | discipline or other action by the Department or a referral to | 12 | | the State's Attorney. | 13 | | (b) A citation must be issued within 6 months after the | 14 | | reporting of a violation that is the basis for the citation. | 15 | | (c) Service of a citation shall be made in person, | 16 | | electronically, or by mail to the licensee at the licensee's | 17 | | address of record or email address of record. | 18 | | (d) Nothing in this Section shall prohibit or limit the | 19 | | Department from taking further action pursuant to this Act and | 20 | | rules for additional, repeated, or continuing violations.
| 21 | | (225 ILCS 85/36) (from Ch. 111, par. 4156)
| 22 | | (Section scheduled to be repealed on January 1, 2018)
| 23 | | Sec. 36. Illinois Administrative Procedure Act. The | 24 | | Illinois Administrative
Procedure Act is hereby expressly | 25 | | adopted and incorporated herein as if all of
the provisions of |
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| 1 | | that Act were included in this Act, except that the provision
| 2 | | of subsection (d) of Section 10-65 of the Illinois | 3 | | Administrative Procedure Act
that provides that at hearings the | 4 | | licensee has the right to show compliance
with all lawful | 5 | | requirements for retention, continuation or renewal of the
| 6 | | license is specifically excluded. For the purpose of this Act , | 7 | | the notice
required under Section 10-25 of the Illinois | 8 | | Administrative Procedure Act is deemed
sufficient when | 9 | | personally served, mailed to the address of record of the | 10 | | applicant or licensee, or emailed to the email address of | 11 | | record of the applicant or licensee last known address of a | 12 | | party .
| 13 | | (Source: P.A. 88-45 .)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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