Illinois General Assembly - Full Text of HB3462
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Full Text of HB3462  100th General Assembly


Rep. Michael J. Zalewski

Filed: 3/27/2017





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2    AMENDMENT NO. ______. Amend House Bill 3462 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing 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 Acts repealed on January 1, 2018.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
8Acts are repealed on January 1, 2018: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
13Practice 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
4    The Marriage and Family Therapy Licensing Act.
5    The Nursing Home Administrators Licensing and Disciplinary
7    The Physician Assistant Practice Act of 1987.
8(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
995-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
109-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
11eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
1296-328, eff. 8-11-09.)
13    (5 ILCS 80/4.29)
14    Sec. 4.29. Acts repealed on January 1, 2019 and December
1531, 2019.
16    (a) The following Acts are Act is repealed on January 1,
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20    (b) The following Act is repealed on December 31, 2019: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
24changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16,



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116a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30,
230.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12,
335.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding
4Sections 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6    (Section scheduled to be repealed on January 1, 2018)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
8where otherwise limited therein:
9    (a) "Pharmacy" or "drugstore" means and includes every
10store, shop, pharmacy department, or other place where
11pharmacist care is provided by a pharmacist (1) where drugs,
12medicines, or poisons are dispensed, sold or offered for sale
13at retail, or displayed for sale at retail; or (2) where
14prescriptions of physicians, dentists, advanced practice
15nurses, physician assistants, veterinarians, podiatric
16physicians, or optometrists, within the limits of their
17licenses, are compounded, filled, or dispensed; or (3) which
18has upon it or displayed within it, or affixed to or used in
19connection 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
23similar or like import, either in the English language or any
24other language; or (4) where the characteristic prescription
25sign (Rx) or similar design is exhibited; or (5) any store, or



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1shop, or other place with respect to which any of the above
2words, objects, signs or designs are used in any advertisement.
3    (b) "Drugs" means and includes (1) articles recognized in
4the official United States Pharmacopoeia/National Formulary
5(USP/NF), or any supplement thereto and being intended for and
6having for their main use the diagnosis, cure, mitigation,
7treatment or prevention of disease in man or other animals, as
8approved by the United States Food and Drug Administration, but
9does not include devices or their components, parts, or
10accessories; and (2) all other articles intended for and having
11for their main use the diagnosis, cure, mitigation, treatment
12or prevention of disease in man or other animals, as approved
13by the United States Food and Drug Administration, but does not
14include devices or their components, parts, or accessories; and
15(3) articles (other than food) having for their main use and
16intended to affect the structure or any function of the body of
17man or other animals; and (4) articles having for their main
18use and intended for use as a component or any articles
19specified in clause (1), (2) or (3); but does not include
20devices or their components, parts or accessories.
21    (c) "Medicines" means and includes all drugs intended for
22human or veterinary use approved by the United States Food and
23Drug Administration.
24    (d) "Practice of pharmacy" means (1) the interpretation and
25the provision of assistance in the monitoring, evaluation, and
26implementation of prescription drug orders; (2) the dispensing



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1of prescription drug orders; (3) participation in drug and
2device selection; (4) drug administration limited to the
3administration of oral, topical, injectable, and inhalation as
4follows: in the context of patient education on the proper use
5or delivery of medications; vaccination of patients 14 years of
6age and older pursuant to a valid prescription or standing
7order, by a physician licensed to practice medicine in all its
8branches, upon completion of appropriate training, including
9how to address contraindications and adverse reactions set
10forth by rule, with notification to the patient's physician and
11appropriate record retention, or pursuant to hospital pharmacy
12and therapeutics committee policies and procedures; (5)
13vaccination of patients ages 10 through 13 limited to the
14Influenza (inactivated influenza vaccine and live attenuated
15influenza intranasal vaccine) and Tdap (defined as tetanus,
16diphtheria, acellular pertussis) vaccines, pursuant to a valid
17prescription or standing order, by a physician licensed to
18practice medicine in all its branches, upon completion of
19appropriate training, including how to address
20contraindications and adverse reactions set forth by rule, with
21notification to the patient's physician and appropriate record
22retention, or pursuant to hospital pharmacy and therapeutics
23committee policies and procedures; (6) drug regimen review; (7)
24drug or drug-related research; (8) the provision of patient
25counseling; (9) the practice of telepharmacy; (10) the
26provision of those acts or services necessary to provide



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1pharmacist care; (11) medication therapy management; and (12)
2the responsibility for compounding and labeling of drugs and
3devices (except labeling by a manufacturer, repackager, or
4distributor of non-prescription drugs and commercially
5packaged legend drugs and devices), proper and safe storage of
6drugs and devices, and maintenance of required records. A
7pharmacist who performs any of the acts defined as the practice
8of pharmacy in this State must be actively licensed as a
9pharmacist under this Act.
10    (e) "Prescription" means and includes any written, oral,
11facsimile, or electronically transmitted order for drugs or
12medical devices, issued by a physician licensed to practice
13medicine in all its branches, dentist, veterinarian, podiatric
14physician, or optometrist, within the limits of their licenses,
15by a physician assistant in accordance with subsection (f) of
16Section 4, or by an advanced practice nurse in accordance with
17subsection (g) of Section 4, containing the following: (1) name
18of the patient; (2) date when prescription was issued; (3) name
19and strength of drug or description of the medical device
20prescribed; and (4) quantity; (5) directions for use; (6)
21prescriber's name, address, and signature; and (7) DEA
22registration number where required, for controlled substances.
23The prescription may, but is not required to, list the illness,
24disease, or condition for which the drug or device is being
25prescribed. DEA registration numbers shall not be required on
26inpatient drug orders.



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1    (f) "Person" means and includes a natural person,
2partnership copartnership, association, corporation,
3government entity, or any other legal entity.
4    (g) "Department" means the Department of Financial and
5Professional Regulation.
6    (h) "Board of Pharmacy" or "Board" means the State Board of
7Pharmacy of the Department of Financial and Professional
9    (i) "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    (j) "Drug product selection" means the interchange for a
12prescribed pharmaceutical product in accordance with Section
1325 of this Act and Section 3.14 of the Illinois Food, Drug and
14Cosmetic Act.
15    (k) "Inpatient drug order" means an order issued by an
16authorized prescriber for a resident or patient of a facility
17licensed under the Nursing Home Care Act, the ID/DD Community
18Care Act, the MC/DD Act, the Specialized Mental Health
19Rehabilitation Act of 2013, or the Hospital Licensing Act, or
20"An Act in relation to the founding and operation of the
21University of Illinois Hospital and the conduct of University
22of Illinois health care programs", approved July 3, 1931, as
23amended, or a facility which is operated by the Department of
24Human Services (as successor to the Department of Mental Health
25and Developmental Disabilities) or the Department of



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1    (k-5) "Pharmacist" means an individual health care
2professional and provider currently licensed by this State to
3engage in the practice of pharmacy.
4    (l) "Pharmacist in charge" means the licensed pharmacist
5whose name appears on a pharmacy license and who is responsible
6for all aspects of the operation related to the practice of
8    (m) "Dispense" or "dispensing" means the interpretation,
9evaluation, and implementation of a prescription drug order,
10including the preparation and delivery of a drug or device to a
11patient or patient's agent in a suitable container
12appropriately labeled for subsequent administration to or use
13by a patient in accordance with applicable State and federal
14laws and regulations. "Dispense" or "dispensing" does not mean
15the physical delivery to a patient or a patient's
16representative in a home or institution by a designee of a
17pharmacist or by common carrier. "Dispense" or "dispensing"
18also does not mean the physical delivery of a drug or medical
19device to a patient or patient's representative by a
20pharmacist's designee within a pharmacy or drugstore while the
21pharmacist is on duty and the pharmacy is open.
22    (n) "Nonresident pharmacy" means a pharmacy that is located
23in a state, commonwealth, or territory of the United States,
24other than Illinois, that delivers, dispenses, or distributes,
25through the United States Postal Service, commercially
26acceptable parcel delivery service, or other common carrier, to



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1Illinois residents, any substance which requires a
3    (o) "Compounding" means the preparation and mixing of
4components, excluding flavorings, (1) as the result of a
5prescriber's prescription drug order or initiative based on the
6prescriber-patient-pharmacist relationship in the course of
7professional practice or (2) for the purpose of, or incident
8to, research, teaching, or chemical analysis and not for sale
9or dispensing. "Compounding" includes the preparation of drugs
10or devices in anticipation of receiving prescription drug
11orders based on routine, regularly observed dispensing
12patterns. Commercially available products may be compounded
13for dispensing to individual patients only if all of the
14following conditions are met: (i) the commercial product is not
15reasonably available from normal distribution channels in a
16timely manner to meet the patient's needs and (ii) the
17prescribing practitioner has requested that the drug be
19    (p) (Blank).
20    (q) (Blank).
21    (r) "Patient counseling" means the communication between a
22pharmacist or a student pharmacist under the supervision of a
23pharmacist and a patient or the patient's representative about
24the patient's medication or device for the purpose of
25optimizing proper use of prescription medications or devices.
26"Patient counseling" may include without limitation (1)



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1obtaining a medication history; (2) acquiring a patient's
2allergies and health conditions; (3) facilitation of the
3patient's understanding of the intended use of the medication;
4(4) proper directions for use; (5) significant potential
5adverse events; (6) potential food-drug interactions; and (7)
6the need to be compliant with the medication therapy. A
7pharmacy technician may only participate in the following
8aspects of patient counseling under the supervision of a
9pharmacist: (1) obtaining medication history; (2) providing
10the offer for counseling by a pharmacist or student pharmacist;
11and (3) acquiring a patient's allergies and health conditions.
12    (s) "Patient profiles" or "patient drug therapy record"
13means the obtaining, recording, and maintenance of patient
14prescription information, including prescriptions for
15controlled substances, and personal information.
16    (t) (Blank).
17    (u) "Medical device" or "device" means an instrument,
18apparatus, implement, machine, contrivance, implant, in vitro
19reagent, or other similar or related article, including any
20component part or accessory, required under federal law to bear
21the label "Caution: Federal law requires dispensing by or on
22the order of a physician". A seller of goods and services who,
23only for the purpose of retail sales, compounds, sells, rents,
24or leases medical devices shall not, by reasons thereof, be
25required to be a licensed pharmacy.
26    (v) "Unique identifier" means an electronic signature,



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1handwritten signature or initials, thumb print, or other
2acceptable biometric or electronic identification process as
3approved by the Department.
4    (w) "Current usual and customary retail price" means the
5price that a pharmacy charges to a non-third-party payor.
6    (x) "Automated pharmacy system" means a mechanical system
7located within the confines of the pharmacy or remote location
8that performs operations or activities, other than compounding
9or administration, relative to storage, packaging, dispensing,
10or distribution of medication, and which collects, controls,
11and maintains all transaction information.
12    (y) "Drug regimen review" means and includes the evaluation
13of prescription drug orders and patient records for (1) known
14allergies; (2) drug or potential therapy contraindications;
15(3) reasonable dose, duration of use, and route of
16administration, taking into consideration factors such as age,
17gender, and contraindications; (4) reasonable directions for
18use; (5) potential or actual adverse drug reactions; (6)
19drug-drug interactions; (7) drug-food interactions; (8)
20drug-disease contraindications; (9) therapeutic duplication;
21(10) patient laboratory values when authorized and available;
22(11) proper utilization (including over or under utilization)
23and optimum therapeutic outcomes; and (12) abuse and misuse.
24    (z) "Electronically transmitted Electronic transmission
25prescription" means a prescription that is created, recorded,
26or stored by electronic means; issued and validated with an



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1electronic signature; and transmitted by electronic means
2directly from the prescriber to a pharmacy. An electronic
3prescription is not an image of a physical prescription that is
4transferred by electronic means from computer to computer,
5facsimile to facsimile, or facsimile to computer any
6prescription order for which a facsimile or electronic image of
7the order is electronically transmitted from a licensed
8prescriber to a pharmacy. "Electronic transmission
9prescription" includes both data and image prescriptions.
10    (aa) "Medication therapy management services" means a
11distinct service or group of services offered by licensed
12pharmacists, physicians licensed to practice medicine in all
13its branches, advanced practice nurses authorized in a written
14agreement with a physician licensed to practice medicine in all
15its branches, or physician assistants authorized in guidelines
16by a supervising physician that optimize therapeutic outcomes
17for individual patients through improved medication use. In a
18retail or other non-hospital pharmacy, medication therapy
19management services shall consist of the evaluation of
20prescription drug orders and patient medication records to
21resolve 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
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
25patient care functions authorized by a physician licensed to
26practice medicine in all its branches for his or her identified



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1patient or groups of patients under specified conditions or
2limitations in a standing order from the physician.
3    "Medication therapy management services" in a licensed
4hospital 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
11of medication therapy management services, with or without the
12dispensing of drugs or devices, intended to achieve outcomes
13that improve patient health, quality of life, and comfort and
14enhance patient safety.
15    (cc) "Protected health information" means individually
16identifiable health information that, except as otherwise
17provided, 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
25individually 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
5or group of patients issued by a physician licensed to practice
6medicine in all its branches in Illinois.
7    (ee) "Address of record" means the designated address
8recorded by the Department in the applicant's application file
9or licensee's license file maintained by the Department's
10licensure maintenance unit. address recorded by the Department
11in the applicant's or licensee's application file or license
12file, as maintained by the Department's licensure maintenance
14    (ff) "Home pharmacy" means the location of a pharmacy's
15primary operations.
16    (gg) "Email address of record" means the designated email
17address recorded by the Department in the applicant's
18application file or the licensee's license file, as maintained
19by the Department's licensure maintenance unit.
20(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
2198-756, 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
24applicants 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
10order to protect the public and provide quality pharmaceutical
11care, the Collaborative Pharmaceutical Task Force is
12established. The Task Force shall discuss how to further
13advance the practice of pharmacy in a manner that recognizes
14the needs of the healthcare system, patients, pharmacies,
15pharmacists, and pharmacy technicians. As a part of its
16discussions, the Task Force shall consider, at a minimum, the
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
8Collaborative Pharmaceutical Task Force shall consider the
9extent to which Public Act 99-473 (enhancing continuing
10education requirements for pharmacy technicians) and Public
11Act 99-863 (enhancing reporting requirements to the Department
12of pharmacy employee terminations) may be relevant to the
13issues listed in paragraphs (1) and (2).
14    The voting members of the Collaborative Pharmaceutical
15Task 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
15following non-voting members of the Task Force: a
16representative of the University of Illinois at Chicago College
17of Pharmacy; a clinical pharmacist who has done extensive study
18in pharmacy e-prescribing and e-discontinuation; and a
19representative of the Department.
20    The Department shall provide administrative support to the
21Collaborative Pharmaceutical Task Force. The Collaborative
22Pharmaceutical Task Force shall meet at least monthly at the
23call of the chairperson.
24    No later than September 1, 2018, the voting members of the
25Collaborative Pharmaceutical Task Force shall vote on
26recommendations 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
3consultation with the Collaborative Pharmaceutical Task Force,
4shall propose rules for adoption that are consistent with the
5Collaborative Pharmaceutical Task Force's recommendations, or
6recommend legislation to the General Assembly, concerning the
7standards 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
13to practice, or holds oneself out to practice pharmacy without
14being licensed under this Act shall, in addition to any other
15penalty provided by law, pay a civil penalty to the Department
16in an amount not to exceed $10,000 $5,000 for each offense as
17determined by the Department. The civil penalty shall be
18assessed by the Department after a hearing is held in
19accordance with the provisions set forth in this Act regarding
20the provision of a hearing for the discipline of a licensee.
21    (b) The Department has the authority and power to
22investigate any and all unlicensed activity.
23    (c) The civil penalty shall be paid within 60 days after
24the effective date of the order imposing the civil penalty. The
25order shall constitute a judgment and may be filed and



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1execution had thereon in the same manner as any judgment from
2any 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
7original licenses shall be made to the Department in writing or
8electronically on forms prescribed by the Department and shall
9be accompanied by the required fee, which shall not be
10refundable. Any such application shall require such
11information as in the judgment of the Department will enable
12the Board and Department to pass on the qualifications of the
13applicant for a license.
14    The Department shall authorize examinations of applicants
15as pharmacists not less than 3 times per year at such times and
16places as it may determine. The examination of applicants shall
17be of a character to give a fair test of the qualifications of
18the applicant to practice pharmacy.
19    Applicants for examination as pharmacists shall be
20required to pay, either to the Department or the designated
21testing service, a fee covering the cost of providing the
22examination. Failure to appear for the examination on the
23scheduled date, at the time and place specified, after the
24applicant's application for examination has been received and
25acknowledged by the Department or the designated testing



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1service, shall result in the forfeiture of the examination fee.
2The examination shall be developed and provided by the National
3Association of Boards of Pharmacy.
4    If an applicant neglects, fails or refuses to take an
5examination or fails to pass an examination for a license under
6this Act within 3 years after filing his application, the
7application is denied. However, such applicant may thereafter
8make a new application accompanied by the required fee and show
9evidence of meeting the requirements in force at the time of
10the new application.
11    The Department shall notify applicants taking the
12examination of their results within 7 weeks of the examination
13date. Further, the Department shall have the authority to
14immediately authorize such applicants who successfully pass
15the examination to engage in the practice of pharmacy.
16    An applicant shall have one year from the date of
17notification of successful completion of the examination to
18apply to the Department for a license. If an applicant fails to
19make such application within one year the applicant shall be
20required to again take and pass the examination.
21    An applicant who has graduated with a professional degree
22from a school of pharmacy located outside of the United States
23must 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
7preparing 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
13    (a) Any person shall be entitled to licensure registration
14as a registered pharmacy technician who is of the age of 16 or
15over, has not engaged in conduct or behavior determined to be
16grounds for discipline under this Act, is attending or has
17graduated from an accredited high school or comparable school
18or educational institution or received a high school
19equivalency certificate, and has filed a written or electronic
20application for licensure registration on a form to be
21prescribed and furnished by the Department for that purpose.
22The Department shall issue a license certificate of
23registration as a registered pharmacy technician to any
24applicant who has qualified as aforesaid, and such license
25registration shall be the sole authority required to assist



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1licensed pharmacists in the practice of pharmacy, under the
2supervision of a licensed pharmacist. A registered pharmacy
3technician may, under the supervision of a pharmacist, assist
4in the practice of pharmacy and perform such functions as
5assisting in the dispensing process, offering counseling,
6receiving new verbal prescription orders, and having
7prescriber contact concerning prescription drug order
8clarification. A registered pharmacy technician may not engage
9in patient counseling, drug regimen review, or clinical
10conflict resolution.
11    (b) Beginning on January 1, 2017, within 2 years after
12initial licensure registration as a registered pharmacy
13technician, the licensee registrant must meet the requirements
14described in Section 9.5 of this Act and become licensed
15register as a registered certified pharmacy technician. If the
16licensee registrant has not yet attained the age of 18, then
17upon the next renewal as a registered pharmacy technician, the
18licensee registrant must meet the requirements described in
19Section 9.5 of this Act and become licensed register as a
20registered certified pharmacy technician. This requirement
21does not apply to pharmacy technicians registered prior to
22January 1, 2008.
23    (c) Any person registered as a pharmacy technician who is
24also enrolled in a first professional degree program in
25pharmacy in a school or college of pharmacy or a department of
26pharmacy of a university approved by the Department or has



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1graduated from such a program within the last 18 months, shall
2be considered a "student pharmacist" and entitled to use the
3title "student pharmacist". A student pharmacist must meet all
4of the requirements for licensure registration as a registered
5pharmacy technician set forth in this Section excluding the
6requirement of certification prior to the second license
7registration renewal and pay the required registered pharmacy
8technician license registration fees. A student pharmacist
9may, under the supervision of a pharmacist, assist in the
10practice of pharmacy and perform any and all functions
11delegated to him or her by the pharmacist.
12    (d) Any person seeking licensure as a pharmacist who has
13graduated from a pharmacy program outside the United States
14must register as a pharmacy technician and shall be considered
15a "student pharmacist" and be entitled to use the title
16"student pharmacist" while completing the 1,200 clinical hours
17of training approved by the Board of Pharmacy described and for
18no more than 18 months after completion of these hours. These
19individuals are not required to become registered certified
20pharmacy technicians while completing their Board approved
21clinical training, but must become licensed as a pharmacist or
22become licensed as a registered certified pharmacy technician
23before the second pharmacy technician license registration
24renewal following completion of the Board approved clinical
26    (e) The Department shall not renew the registered pharmacy



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1technician license of any person who has been licensed
2registered as a registered pharmacy technician with the
3designation "student pharmacist" who: (1) and has dropped out
4of or been expelled from an ACPE accredited college of
5pharmacy; (2) , who has failed to complete his or her 1,200
6hours of Board approved clinical training within 24 months; or
7(3) who has failed the pharmacist licensure examination 3
8times. The Department and shall require these individuals to
9meet the requirements of and become licensed registered as a
10registered certified pharmacy technician.
11    (f) The Department may take any action set forth in Section
1230 of this Act with regard to a license registrations pursuant
13to this Section.
14    (g) Any person who is enrolled in a non-traditional
15Pharm.D. program at an ACPE accredited college of pharmacy and
16is a licensed as a registered pharmacist under the laws of
17another United States jurisdiction shall be permitted to engage
18in the program of practice experience required in the academic
19program by virtue of such license. Such person shall be exempt
20from the requirement of licensure registration as a registered
21pharmacy technician or registered certified pharmacy
22technician while engaged in the program of practice experience
23required in the academic program.
24    An applicant for licensure registration as a registered
25pharmacy technician may assist a pharmacist in the practice of
26pharmacy for a period of up to 60 days prior to the issuance of



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1a license certificate of registration if the applicant has
2submitted the required fee and an application for licensure
3registration to the Department. The applicant shall keep a copy
4of the submitted application on the premises where the
5applicant is assisting in the practice of pharmacy. The
6Department shall forward confirmation of receipt of the
7application with start and expiration dates of practice pending
8licensure 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
14pharmacy technician under this Act may be licensed registered
15as a registered certified pharmacy technician, if he or she
16meets 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,
12suspended, or restricted for disciplinary purposes may be
13eligible to be registered as a certified pharmacy technician
14unless authorized by order of the Department as a condition of
15restoration from revocation, suspension, or restriction.
16    (c) The Department may, by rule, establish any additional
17requirements for licensure certification under this Section.
18    (d) A person who is not a licensed registered pharmacy
19technician and meets the requirements of this Section may be
20licensed register as a registered certified pharmacy
21technician without first being licensed registering as a
22registered pharmacy technician.
23    (e) As a condition for the renewal of a license certificate
24of registration as a registered certified pharmacy technician,
25the licensee registrant shall provide evidence to the
26Department of completion of a total of 20 hours of continuing



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1pharmacy education during the 24 months preceding the
2expiration date of the certificate as established by rule. One
3hour of continuing pharmacy education must be in the subject of
4pharmacy law. One hour of continuing pharmacy education must be
5in the subject of patient safety. The continuing education
6shall be approved by the Accreditation Council on Pharmacy
8    The Department may shall establish by rule a means for the
9verification of completion of the continuing education
10required by this subsection (e). This verification may be
11accomplished through audits of records maintained by licensees
12registrants, by requiring the filing of continuing education
13certificates with the Department or a qualified organization
14selected by the Department to maintain such records, or by
15other means established by the Department.
16    Rules developed under this subsection (e) may provide for a
17reasonable annual fee, not to exceed $20, to fund the cost of
18such recordkeeping. The Department may shall, by rule, further
19provide an orderly process for the restoration reinstatement of
20a license registration that has not been renewed due to the
21failure to meet the continuing pharmacy education requirements
22of this subsection (e). The Department may waive the
23requirements of continuing pharmacy education, in whole or in
24part, in cases of extreme hardship as defined by rule of the
25Department. The waivers may shall be granted for not more than
26one 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
6Pharmacy. It shall consist of 9 members, 7 of whom shall be
7licensed pharmacists. Each of those 7 members must be a
8licensed pharmacist in good standing in this State, a graduate
9of an accredited college of pharmacy or hold a Bachelor of
10Science degree in Pharmacy and have at least 5 years' practical
11experience in the practice of pharmacy subsequent to the date
12of his licensure as a licensed pharmacist in the State of
13Illinois. There shall be 2 public members, who shall be voting
14members, who shall not be engaged in any way, directly or
15indirectly, as providers of health care licensed pharmacists in
16this 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
19Governor shall fill any vacancy for the remainder of the
20unexpired term. Partial terms over 3 years in length shall be
21considered full terms. A member may be reappointed for a
22successive term, but no member shall serve more than 2 full
23terms in his or her lifetime.
24    (d) In making the appointment of members on the Board, the
25Governor shall give due consideration to recommendations by the



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1members of the profession of pharmacy and by pharmacy
2organizations therein. The Governor shall notify the pharmacy
3organizations promptly of any vacancy of members on the Board
4and in appointing members shall give consideration to
5individuals engaged in all types and settings of pharmacy
7    (e) The Governor may remove any member of the Board for
8misconduct, incapacity, or neglect of duty, and he or she shall
9be the sole judge of the sufficiency of the cause for removal.
10    (f) Each member of the Board shall be reimbursed for such
11actual and legitimate expenses as he or she may incur in going
12to and from the place of meeting and remaining there thereat
13during sessions of the Board. In addition, each member of the
14Board may receive a per diem payment in an amount determined
15from time to time by the Director for attendance at meetings of
16the Board and conducting other official business of the Board.
17    (g) The Board shall hold quarterly meetings at such times
18and places and upon notice as the Department may determine and
19as its business may require. A majority of the Board members
20currently appointed shall constitute a quorum. A vacancy in the
21membership of the Board shall not impair the right of a quorum
22to exercise all the rights and perform all the duties of the
24    (h) The Board shall exercise the rights, powers and duties
25which have been vested in the Board under this Act, and any
26other 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
5exercise the powers and duties prescribed by the Civil
6Administrative Code of Illinois for the administration of
7Licensing Acts and shall exercise such other powers and duties
8necessary for effectuating the purpose of this Act. The powers
9and duties of the Department also include However, the
10following powers and duties shall be exercised only upon review
11of the Board of Pharmacy to take such action:
12    (a) Formulation of Formulate such rules, not inconsistent
13with law and subject to the Illinois Administrative Procedure
14Act, as may be necessary to carry out the purposes and enforce
15the provisions of this Act. The Secretary Director may grant
16variances from any such rules as provided for in this Section. ;
17    (b) The suspension, revocation, placing on probationary
18status, reprimand, and refusing to issue or restore, or taking
19any other disciplinary or non-disciplinary action against any
20license or certificate of registration issued under the
21provisions of this Act for the reasons set forth in Section 30
22of this Act.
23    (c) The issuance, renewal, restoration, or reissuance of
24any license or certificate which has been previously refused to
25be issued or renewed, or has been revoked, suspended or placed



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1on probationary status.
2    (c-5) The granting of variances from rules promulgated
3pursuant to this Section in individual cases where there is a
4finding 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
13recommendations of notify the State Board of Pharmacy regarding
14of the granting of such variance and the reasons therefor, at
15the next meeting of the Board.
16    (d) The Secretary shall appoint a chief pharmacy
17coordinator who and at least 2 deputy pharmacy coordinators,
18all of whom shall be a licensed pharmacist registered
19pharmacists in good standing in this State, shall be a graduate
20graduates of an accredited college of pharmacy or hold, at a
21minimum, a bachelor of science degree in pharmacy, and shall
22have at least 5 years of experience in the practice of pharmacy
23immediately prior to his or her appointment. The chief pharmacy
24coordinator shall be the executive administrator and the chief
25enforcement officer of this Act. The deputy pharmacy
26coordinators shall report to the chief pharmacy coordinator.



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1The Secretary shall assign at least one deputy pharmacy
2coordinator to a region composed of Cook County and such other
3counties as the Secretary may deem appropriate, and such deputy
4pharmacy coordinator shall have his or her primary office in
5Chicago. The Secretary shall assign at least one deputy
6pharmacy coordinator to a region composed of the balance of
7counties in the State, and such deputy pharmacy coordinator
8shall have his or her primary office in Springfield.
9    (e) The Department Secretary shall, in conformity with the
10Personnel Code, employ such pharmacy investigators as deemed
11necessary not less than 4 pharmacy investigators who shall
12report to the chief pharmacy coordinator or a deputy pharmacy
13coordinator. Each pharmacy investigator shall be a licensed
14pharmacist unless employed as a pharmacy investigator on or
15before August 27, 2015 (the effective date of Public Act
1699-473) this amendatory Act of the 99th General Assembly. The
17Department shall also employ at least one attorney to prosecute
18violations of this Act and its rules. The Department may, in
19conformity with the Personnel Code, employ such clerical and
20other employees as are necessary to carry out the duties of the
21Board and Department.
22    The duly authorized pharmacy investigators of the
23Department shall have the right to enter and inspect, during
24business hours, any pharmacy or any other place in this State
25holding itself out to be a pharmacy where medicines, drugs or
26drug products, or proprietary medicines are sold, offered for



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1sale, 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
7and certificate of registration issued under this Act shall be
8set by rule.
9    (b) As a condition for the renewal of a license certificate
10of registration as a pharmacist, the licensee registrant shall
11provide evidence to the Department of completion of a total of
1230 hours of pharmacy continuing education during the 24 months
13preceding the expiration date of the certificate. Such
14continuing education shall be approved by the Accreditation
15Council on Pharmacy Education.
16    (c) The Department may shall establish by rule a means for
17the verification of completion of the continuing education
18required by this Section. This verification may be accomplished
19through audits of records maintained by licensees registrants,
20by requiring the filing of continuing education certificates
21with the Department or a qualified organization selected by the
22Department to maintain such records or by other means
23established by the Department.
24    (d) Rules developed under this Section may provide for a
25reasonable biennial fee, not to exceed $20, to fund the cost of



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1such recordkeeping. The Department may shall, by rule, further
2provide an orderly process for the restoration reinstatement of
3licenses which have not been renewed due to the failure to meet
4the continuing education requirements of this Section. The
5requirements of continuing education may be waived, in whole or
6in part, in cases of extreme hardship as defined by rule of the
7Department. Such waivers shall be granted for not more than one
8of any 3 consecutive renewal periods.
9    (e) Any pharmacist who has permitted his license to expire
10or who has had his license on inactive status may have his
11license restored by making application to the Department and
12filing proof acceptable to the Department of his fitness to
13have his license restored, and by paying the required
14restoration fee. The Department shall determine, by an
15evaluation program established by rule his fitness for
16restoration of his license and shall establish procedures and
17requirements for such restoration. However, any pharmacist who
18demonstrates that he has continuously maintained active
19practice in another jurisdiction pursuant to a license in good
20standing, and who has substantially complied with the
21continuing education requirements of this Section shall not be
22subject to further evaluation for purposes of this Section.
23    (f) Any licensee who shall engage in the practice for which
24his or her license was issued while the license is expired or
25on inactive status shall be considered to be practicing without
26a license which, shall be grounds for discipline under Section



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130 of this Act.
2    (g) Any pharmacy operating on an expired license is engaged
3in the unlawful practice of pharmacy and is subject to
4discipline under Section 30 of this Act. A pharmacy whose
5license has been expired for one year or more may not have its
6license restored but must apply for a new license and meet all
7requirements for licensure. Any pharmacy whose license has been
8expired for less than one year may apply for restoration of its
9license and shall have its license restored.
10    (h) However, any pharmacist whose license expired while he
11was (1) in Federal Service on active duty with the Armed Forces
12of the United States, or the State Militia called into service
13or training, or (2) in training or education under the
14supervision of the United States preliminary to induction into
15the military service, may have his license or certificate
16restored without paying any lapsed renewal fees, if within 2
17years after honorable termination of such service, training or
18education he furnishes the Department with satisfactory
19evidence to the effect that he has been so engaged and that his
20service, 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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1technician, or registered pharmacy technician who notifies the
2Department, in writing or electronically on forms prescribed by
3the Department, may elect to place his or her license on an
4inactive status and shall be excused from payment of renewal
5fees and completion of continuing education requirements until
6he or she notifies the Department in writing of his or her
7intent to restore his license.
8    (b) Any pharmacist, registered certified pharmacy
9technician, or registered pharmacy pharmacist technician
10requesting restoration from inactive status shall be required
11to pay the current renewal fee and shall be required to restore
12his or her license or certificate, as provided by rule of the
14    (c) Any pharmacist, registered certified pharmacy
15technician, or registered pharmacy pharmacist technician whose
16license is in inactive status shall not practice in the State
17of Illinois.
18    (d) A pharmacy license may not be placed on inactive
20    (e) Continued practice on a license which has lapsed or
21been placed on inactive status shall be considered to be
22practicing 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
3defined in this Act, to operate or conduct the same, or to
4allow 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
22at the same location as its home pharmacy and at which pharmacy
23services are provided during an emergency situation, as defined
24by rule, to be operated as an emergency remote pharmacy. An
25emergency remote pharmacy operating under this subsection (2)
26shall operate under the license of the home pharmacy.



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1    (3) The Secretary may waive the requirement for a
2pharmacist to be on duty at all times for State facilities not
3treating human ailments. This waiver of the requirement remains
4in effect until it is rescinded by the Secretary and the
5Department provides written notice of the rescission to the
6State facility.
7    (4) It shall be unlawful for any person, who is not a
8licensed pharmacy or health care facility, to purport to be
9such or to use in name, title, or sign designating, or in
10connection 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
14indicating that drugs are compounded or sold to the lay public,
15or prescriptions are dispensed therein. Each day during which,
16or a part which, such representation is made or appears or such
17a sign is allowed to remain upon or in such a place of business
18shall constitute a separate offense under this Act.
19    (5) The holder of any license or certificate of
20registration shall conspicuously display it in the pharmacy in
21which he is engaged in the practice of pharmacy. The pharmacist
22in charge shall conspicuously display his name in such
23pharmacy. The pharmacy license shall also be conspicuously
25(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
2696-1000, 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
4licensure of every pharmacy doing business in this State. Such
5licensure shall expire 30 days after the pharmacist in charge
6dies or is no longer employed by or leaves the place where the
7pharmacy is licensed or after such pharmacist's license has
8been suspended or revoked.
9    In the event the designated pharmacist in charge dies or
10otherwise ceases to function in that capacity, or when the
11license of the pharmacist in charge has been suspended or
12revoked, the owner of the pharmacy shall be required to notify
13the Department, on forms provided by the Department, of the
14identity of the new pharmacist in charge.
15    It is the duty of every pharmacist in charge who ceases to
16function in that capacity to report to the Department within 30
17days of the date on which he ceased such functions for such
18pharmacy. It is the duty of every owner of a pharmacy licensed
19under this Act to report to the Department within 30 days of
20the date on which the pharmacist in charge died or ceased to
21function in that capacity and to specify a new pharmacist in
22charge. Failure to provide such notification to the Department
23shall be grounds for disciplinary action.
24    No license shall be issued to any pharmacy unless such
25pharmacy has a pharmacist in charge and each such pharmacy



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1license shall indicate on the face thereof the pharmacist in
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
7regulations, consistent with the provisions of this Act,
8governing nonresident pharmacies, including pharmacies
9providing services via the Internet, which sell, or offer for
10sale, drugs, medicines, or other pharmaceutical services in
11this State.
12    (b) The Department shall require and provide for a an
13annual nonresident special pharmacy license registration for
14all pharmacies located outside of this State that dispense
15medications for Illinois residents and mail, ship, or deliver
16prescription medications into this State. A nonresident
17Nonresident special pharmacy license registration shall be
18granted by the Department upon the disclosure and certification
19by 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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1pharmacy operations.
2    (a) The pharmacist in charge of a pharmacy which has its
3pharmacy license revoked or otherwise ceases operation shall
4notify the Department and forward to the Department a copy of
5the closing inventory of controlled substances and a statement
6indicating the intended manner of disposition of all legend
7drugs and prescription files within 30 days of such revocation
8or cessation of operation.
9    (b) The Department shall approve the intended manner of
10disposition of all legend drugs prior to disposition of such
11drugs 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
8or is otherwise physically incompetent to perform the duties of
9this Section, the owner of a pharmacy that has its license
10revoked or otherwise ceases operation shall be required to
11fulfill the duties otherwise imposed upon the pharmacist in
13    (c) The pharmacist in charge of a pharmacy which acquires
14prescription files from a pharmacy which ceases operation shall
15be responsible for the preservation of such acquired
16prescriptions for the remainder of the term that such
17prescriptions are required to be preserved by this Act.
18    (d) Failure to comply with this Section shall be grounds
19for denying an application or renewal application for a
20pharmacy license or for disciplinary action against a license
22    (e) Compliance with the provisions of the Illinois
23Controlled Substances Act concerning the disposition of
24controlled substances shall be deemed compliance with this
25Section with respect to legend drugs which are controlled



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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
6    (a) Beginning January 1, 2004, it shall be the joint
7responsibility of a pharmacy and its pharmacist in charge to
8have trained all of its registered pharmacy technicians or
9obtain proof of prior training in all of the following topics
10as 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
21the duties and responsibilities of a registered pharmacy
22technician, it shall be the joint responsibility of the
23pharmacy and the pharmacist in charge to train the registered
24pharmacy technician or obtain proof of prior training in the
25areas listed in subsection (a) of this Section as they relate



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1to the practice site or to document that the pharmacy
2technician is making appropriate progress.
3    (c) All pharmacies shall maintain an up-to-date training
4program describing the duties and responsibilities of a
5registered pharmacy technician.
6    (d) All pharmacies shall create and maintain retrievable
7records of training or proof of training as required in this
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
13subsection (b), there shall be kept in every drugstore or
14pharmacy a suitable book, file, or electronic record keeping
15system in which shall be preserved for a period of not less
16than 5 years the original, or an exact, unalterable image, of
17every written prescription and the original transcript or copy
18of every verbal prescription filled, compounded, or dispensed,
19in such pharmacy; and such book, or file, or electronic record
20keeping system of prescriptions shall at all reasonable times
21be open to inspection to the chief pharmacy coordinator and the
22duly authorized agents or employees of the Department.
23    Every prescription filled or refilled shall contain the
24unique identifiers of the persons authorized to practice
25pharmacy under the provision of this Act who fills or refills



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1the prescription.
2    Records kept pursuant to this Section may be maintained in
3an alternative data retention system, such as a direct digital
4imaging 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
19system, including people, machines, methods of organization,
20and procedures, that provides input, storage, processing,
21communications, output, and control functions for digitized
22representations of original prescription records.
23    Inpatient drug orders may be maintained within an
24institution 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
4to prohibit a pharmacist licensed in this State from filling or
5refilling a valid prescription for prescription drugs which is
6on file in a pharmacy licensed in any state and has been
7transferred from one pharmacy to another by any means,
8including by way of electronic data processing equipment upon
9the following conditions and exceptions:
10    (1) Prior to dispensing pursuant to any such prescription,
11the 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
6set forth in subparagraph (d) of paragraph (1) of this Section,
7if the requested pharmacist is satisfied in his professional
8judgment that such request is valid and legal, the requested
9pharmacist 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
21subparagraph (d) of paragraph (1) of this Section has been
22provided, a prescription is not dispensed by the requesting
23pharmacist, then such pharmacist shall provide notice of this
24fact to the pharmacy from which such information was obtained;
25such notice shall then cancel the prescription in the same
26manner as set forth in subparagraph (c) of paragraph (2) of



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1this Section.
2    (4) When filling or refilling a valid prescription on file
3in another state, the dispensing pharmacist shall be required
4to follow all the requirements of Illinois law which apply to
5the dispensing of prescription drugs. If anything in Illinois
6law prevents the filling or refilling of the original
7prescription it shall be unlawful to dispense pursuant to this
9    (5) Prescriptions for drugs in Schedules III, IV, and V of
10the Illinois Controlled Substances Act may be transferred only
11once and may not be further transferred. However, pharmacies
12electronically sharing a real-time, online database may
13transfer up to the maximum refills permitted by the law and the
14prescriber'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
20electronic file to maintain required dispensing information.
21    (b) Pharmacies using such a common electronic file are not
22required to physically transfer prescriptions or information
23for dispensing purposes between or among pharmacies
24participating in the same common prescription file; provided,
25however any such common file must contain complete and adequate



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1records of such prescription and refill dispensed as stated in
2Section 18.
3    (c) The Department and Board may formulate such rules and
4regulations, not inconsistent with law, as may be necessary to
5carry out the purposes of and to enforce the provisions of this
6Section within the following exception: The Department and
7Board shall not impose greater requirements on either common
8electronic files or a hard copy record system.
9    (d) Drugs shall in no event be dispensed more frequently or
10in larger amounts than the prescriber ordered without direct
11prescriber authorization by way of a new prescription order.
12    (e) The dispensing by a pharmacist licensed in this State
13or another state of a prescription contained in a common
14database shall not constitute a transfer, provided that (1) (i)
15all pharmacies involved in the transactions pursuant to which
16the prescription is dispensed and all pharmacists engaging in
17dispensing functions are properly licensed, permitted, or
18registered in this State or another jurisdiction, (2) (ii) a
19policy and procedures manual that governs all participating
20pharmacies and pharmacists is available to the Department upon
21request and includes the procedure for maintaining appropriate
22records for regulatory oversight for tracking a prescription
23during each stage of the filling and dispensing process, and
24(3) (iii) the pharmacists involved in filling and dispensing
25the prescription and counseling the patient are identified. A
26pharmacist shall be accountable only for the specific tasks



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2    (f) Nothing in this Section shall prohibit a pharmacist who
3is exercising his or her professional judgment from dispensing
4additional quantities of medication up to the total number of
5dosage units authorized by the prescriber on the original
6prescription 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
11poison which is lawfully sold or dispensed, at retail, in the
12original and unbroken package of the manufacturer, packer, or
13distributor thereof, and which package bears the original label
14thereon showing the name and address of the manufacturer,
15packer, or distributor thereof, and the name of the drug,
16medicine, or poison therein contained, and the directions for
17its use, no person shall sell or dispense, at retail, any drug,
18medicine, or poison, without affixing to the box, bottle,
19vessel, or package containing the same, a label bearing the
20name of the article distinctly shown, and the directions for
21its use, with the name and address of the pharmacy wherein the
22same is sold or dispensed. However, in the case of a drug,
23medicine, or poison which is sold or dispensed pursuant to a
24prescription of a physician licensed to practice medicine in
25all of its branches, a physician assistant in accordance with



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1subsection (f) of Section 4 of this Act, an advanced practice
2registered nurse in accordance with subsection (g) of Section 4
3of this Act, a licensed dentist, a licensed veterinarian, a
4licensed podiatric physician, or a licensed therapeutically or
5diagnostically certified optometrist authorized by law to
6prescribe drugs or medicines or poisons, the label affixed to
7the box, bottle, vessel, or package containing the same shall
8show: (a) the name and address of the pharmacy wherein the same
9is sold or dispensed; (b) the name or initials of the person,
10authorized to practice pharmacy under the provisions of this
11Act, selling or dispensing the same, (c) the date on which such
12prescription was filled; (d) the name of the patient; (e) the
13serial number of such prescription as filed in the prescription
14files; (f) the last name of the practitioner who prescribed
15such prescriptions; (g) the directions for use thereof as
16contained in such prescription; and (h) the proprietary name or
17names or the established name or names of the drugs, the dosage
18and quantity, except as otherwise authorized by rule regulation
19of 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
25and procedures to comply with federal and State laws and



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1regulations and maintain patient confidentiality, as defined
2by rule.
3    (b) Access to and dispensing from an automated pharmacy
4system shall be limited to pharmacists or personnel who are
5designated in writing by the pharmacist-in-charge and have
6completed documented training concerning their duties
7associated with the automated pharmacy system.
8    (c) All drugs stored in relation to an automated pharmacy
9system must be stored in compliance with this Act and the rules
10adopted under this Act, including the requirements for
11temperature, proper storage containers, handling of outdated
12drugs, prescription dispensing, and delivery.
13    (d) An automated pharmacy system operated from a remote
14site shall be under the continuous supervision of a home
15pharmacy pharmacist. To qualify as continuous supervision, the
16pharmacist is not required to be physically present at the site
17of the automated pharmacy system if the system is supervised
18electronically by a pharmacist, as defined by rule.
19    (e) Drugs may only be dispensed at a remote site through an
20automated pharmacy system after receipt of an original
21prescription drug order by a pharmacist at the home pharmacy. A
22pharmacist at the home pharmacy must control all operations of
23the automated pharmacy system and approve the release of the
24initial dose of a prescription drug order. Refills from an
25approved prescription drug order may be removed from the
26automated medication system after this initial approval. Any



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1change made in the prescription drug order shall require a new
2approval by a pharmacist to release the drug.
3    (f) If an automated pharmacy system uses removable
4cartridges or containers to store a drug, the stocking or
5restocking of the cartridges or containers may occur at a
6licensed wholesale drug distributor and be sent to the home
7pharmacy to be loaded after pharmacist verification by
8personnel designated by the pharmacist, provided that the
9individual cartridge or container is transported to the home
10pharmacy in a secure, tamper evident container. An automated
11pharmacy system must use a bar code verification or weight
12verification or electronic verification or similar process to
13ensure that the cartridge or container is accurately loaded
14into the automated pharmacy system. The pharmacist verifying
15the filling and labeling shall be responsible for ensuring that
16the cartridge or container is stocked or restocked correctly by
17personnel designated to load the cartridges or containers who
18are either registered pharmacy technicians or registered
19certified pharmacy technicians employed by the home pharmacy.
20An automated pharmacy system must use a bar code verification,
21electronic, or similar process, as defined by rule, to ensure
22that the proper medication is dispensed from the automated
23system. A record of each transaction with the automated
24pharmacy system must be maintained for 5 years. A prescription
25dispensed from an automated pharmacy system shall be deemed to
26have been approved by the pharmacist. No automated pharmacy



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1system shall be operated prior to inspection and approval by
2the 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"
8means and includes the outsourcing of certain prescription
9functions to another pharmacy or licensed non-resident
10pharmacy, including the dispensing of drugs. "Remote
11prescription processing" includes any of the following
12activities 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
5under 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
21employee licensed as a pharmacist from accessing the employer
22pharmacy's database from a pharmacist's home or other remote
23location or home verification for the purpose of performing
24certain prescription processing functions, provided that the
25pharmacy establishes controls to protect the privacy and
26security 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
6pharmacist care by a pharmacist that is accomplished through
7the use of telecommunications or other technologies to patients
8or their agents who are at a distance and are located within
9the United States, and which follows all federal and State
10laws, rules, and regulations with regard to privacy and
12    (b) Any pharmacy engaged in the practice of telepharmacy
13must 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
21of fees to be paid for licenses and certificates. These fees
22shall be for the administration and enforcement of this Act,
23including without limitation original licensure and renewal
24and restoration of licensure. All fees are nonrefundable.
25    (b) Applicants for any examination as a pharmacist shall be



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1required to pay, either to the Department or to the designated
2testing service, a fee covering the cost of determining an
3applicant's eligibility and providing the examination. Failure
4to appear for the examination on the scheduled date, at the
5time and place specified, after the applicant's application for
6examination has been received and acknowledged by the
7Department or the designated testing service, shall result in
8the forfeiture of the examination fee.
9    (c) Applicants for the preliminary diagnostic examination
10shall be required to pay, either to the Department or to the
11designated testing service, a fee covering the cost of
12determining an applicant's eligibility and providing the
13examination. Failure to appear for the examination on the
14scheduled date, at the time and place specified, after the
15application for examination has been received and acknowledged
16by the Department or the designated testing service, shall
17result in the forfeiture of the examination fee.
18    (d) All fees, fines, or penalties received by the
19Department under this Act shall be deposited in the Illinois
20State Pharmacy Disciplinary Fund hereby created in the State
21Treasury and shall be used by the Department in the exercise of
22its powers and performance of its duties under this Act,
23including, but not limited to, the provision for evidence in
24pharmacy investigations.
25    Moneys in the Fund may be transferred to the Professions
26Indirect Cost Fund as authorized under Section 2105-300 of the



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1Department of Professional Regulation Law (20 ILCS
3    The moneys deposited in the Illinois State Pharmacy
4Disciplinary Fund shall be invested to earn interest which
5shall accrue to the Fund.
6    (e) From the money received for license renewal fees, $5
7from each pharmacist fee, and $2.50 from each pharmacy
8technician fee, shall be set aside within the Illinois State
9Pharmacy Disciplinary Fund for the purpose of supporting a
10substance abuse program for pharmacists and pharmacy
12    (f) A pharmacy, manufacturer of controlled substances, or
13wholesale distributor of controlled substances that is
14licensed under this Act and owned and operated by the State is
15exempt from licensure, registration, renewal, and other fees
16required under this Act.
17    Pharmacists and pharmacy technicians working in facilities
18owned and operated by the State are not exempt from the payment
19of fees required by this Act and any rules adopted under this
21    Nothing in this subsection (f) shall be construed to
22prohibit the Department from imposing any fine or other penalty
23allowed 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
3check or other payment to the Department that is returned to
4the Department unpaid by the financial institution upon which
5it is drawn shall pay to the Department, in addition to the
6amount already owed to the Department, a fine of $50. The fines
7imposed by this Section are in addition to any other discipline
8provided under this Act for unlicensed practice or practice on
9a nonrenewed license. The Department shall notify the person
10that payment of fees and fines shall be paid to the Department
11by certified check or money order within 30 calendar days of
12the notification. If, after the expiration of 30 days from the
13date of the notification, the person has failed to submit the
14necessary remittance, the Department shall automatically
15terminate the license or certificate or deny the application,
16without hearing. If, after termination or denial, the person
17seeks a license or certificate, he or she shall apply to the
18Department for restoration or issuance of the license or
19certificate and pay all fees and fines due to the Department.
20The Department may establish a fee for the processing of an
21application for restoration of a license or certificate to pay
22all expenses of processing this application. The Secretary
23Director may waive the fines due under this Section in
24individual cases where the Secretary Director finds that the
25fines 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
5    (a) The Department may refuse to issue or renew, or may
6revoke a license or registration, or may suspend, place on
7probation, fine, or take any disciplinary or non-disciplinary
8action as the Department may deem proper, including fines not
9to exceed $10,000 for each violation, with regard to any
10licensee or registrant for any one or combination of the
11following 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
17license or registration of any person who fails to file a
18return, or to pay the tax, penalty or interest shown in a filed
19return, or to pay any final assessment of tax, penalty or
20interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23    (c) The Department shall revoke any the license or
24certificate of registration issued under the provisions of this
25Act or any prior Act of this State of any person who has been
26convicted a second time of committing any felony under the



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1Illinois Controlled Substances Act, or who has been convicted a
2second time of committing a Class 1 felony under Sections 8A-3
3and 8A-6 of the Illinois Public Aid Code. A person whose
4license or certificate of registration issued under the
5provisions of this Act or any prior Act of this State is
6revoked under this subsection (c) shall be prohibited from
7engaging in the practice of pharmacy in this State.
8    (d) Fines may be imposed in conjunction with other forms of
9disciplinary action, but shall not be the exclusive disposition
10of any disciplinary action arising out of conduct resulting in
11death or injury to a patient. Fines shall be paid within 60
12days or as otherwise agreed to by the Department. Any funds
13collected from such fines shall be deposited in the Illinois
14State Pharmacy Disciplinary Fund.
15    (e) The entry of an order or judgment by any circuit court
16establishing that any person holding a license or certificate
17under this Act is a person in need of mental treatment operates
18as a suspension of that license. A licensee may resume his or
19her practice only upon the entry of an order of the Department
20based upon a finding by the Board that he or she has been
21determined to be recovered from mental illness by the court and
22upon the Board's recommendation that the licensee be permitted
23to resume his or her practice.
24    (f) The Department shall issue quarterly to the Board a
25status of all complaints related to the profession received by
26the Department.



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1    (g) In enforcing this Section, the Board or the Department,
2upon a showing of a possible violation, may compel any licensee
3or applicant for licensure under this Act to submit to a mental
4or physical examination or both, as required by and at the
5expense of the Department. The examining physician, or
6multidisciplinary team involved in providing physical and
7mental examinations led by a physician consisting of one or a
8combination of licensed physicians, licensed clinical
9psychologists, licensed clinical social workers, licensed
10clinical professional counselors, and other professional and
11administrative staff, shall be those specifically designated
12by the Department. The Board or the Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this mental or physical
15examination of the licensee or applicant. No information,
16report, or other documents in any way related to the
17examination shall be excluded by reason of any common law or
18statutory privilege relating to communication between the
19licensee or applicant and the examining physician or any member
20of the multidisciplinary team. The individual to be examined
21may have, at his or her own expense, another physician of his
22or her choice present during all aspects of the examination.
23Failure of any individual to submit to a mental or physical
24examination when directed shall result in the automatic
25suspension be grounds for suspension of his or her license
26until such time as the individual submits to the examination if



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1the Board finds, after notice and hearing, that the refusal to
2submit to the examination was without reasonable cause. If the
3Board or Department finds a pharmacist, registered certified
4pharmacy technician, or registered pharmacy technician unable
5to practice because of the reasons set forth in this Section,
6the Board or Department shall require such pharmacist,
7registered certified pharmacy technician, or registered
8pharmacy technician to submit to care, counseling, or treatment
9by physicians or other appropriate health care providers
10approved or designated by the Department Board as a condition
11for continued, reinstated, or renewed licensure to practice.
12Any pharmacist, registered certified pharmacy technician, or
13registered pharmacy technician whose license was granted,
14continued, reinstated, renewed, disciplined, or supervised,
15subject to such terms, conditions, or restrictions, and who
16fails to comply with such terms, conditions, or restrictions or
17to complete a required program of care, counseling, or
18treatment, as determined by the chief pharmacy coordinator or a
19deputy pharmacy coordinator, shall be referred to the Secretary
20for a determination as to whether the licensee shall have his
21or her license suspended immediately, pending a hearing by the
22Board. In instances in which the Secretary immediately suspends
23a license under this subsection (g), a hearing upon such
24person's license must be convened by the Board within 15 days
25after such suspension and completed without appreciable delay.
26The Department and Board Board shall have the authority to



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1review the subject pharmacist's, registered certified pharmacy
2technician's, or registered pharmacy technician's record of
3treatment and counseling regarding the impairment.
4    (h) An individual or organization acting in good faith, and
5not in a willful and wanton manner, in complying with this
6Section by providing a report or other information to the
7Board, by assisting in the investigation or preparation of a
8report or information, by participating in proceedings of the
9Board, or by serving as a member of the Board shall not, as a
10result of such actions, be subject to criminal prosecution or
11civil damages.
12    (i) Members of the Board shall be indemnified by the State
13for any actions occurring within the scope of services on the
14Board, done in good faith, and not willful and wanton in
15nature. The Attorney General shall defend all such actions
16unless he or she determines either that there would be a
17conflict of interest in such representation or that the actions
18complained of were not in good faith or were willful and
20    If the Attorney General declines representation, the
21member shall have the right to employ counsel of his or her
22choice, whose fees shall be provided by the State, after
23approval by the Attorney General, unless there is a
24determination by a court that the member's actions were not in
25good faith or were willful and wanton.
26    The member must notify the Attorney General within 7 days



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1of receipt of notice of the initiation of any action involving
2services of the Board. Failure to so notify the Attorney
3General shall constitute an absolute waiver of the right to a
4defense and indemnification.
5    The Attorney General shall determine, within 7 days after
6receiving such notice, whether he or she will undertake to
7represent the member.
8(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
996-673, 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
13to pay restitution. The Department, without further process or
14hearing, shall suspend the license issued under this Act or
15other authorization to practice of any person issued under this
16Act who has been certified by court order as not having paid
17restitution to a person under Section 8A-3.5 of the Illinois
18Public Aid Code or under Section 17-10.5 or 46-1 of the
19Criminal Code of 1961 or the Criminal Code of 2012. A person
20whose license or other authorization to practice is suspended
21under this Section is prohibited from practicing until the
22restitution 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
3administrative decision relative to any application for a
4license or certificate of registration under this Act if the
5applicant for such license or certificate of registration is
6the subject of a pending disciplinary proceeding under this Act
7or another Act administered by the Department. For purposes of
8this Section "applicant" means an individual or sole
9proprietor, or an individual who is an officer, director or
10owner of a 5 percent or more beneficial interest of the
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
16receipt of a written communication from the Secretary of Human
17Services, the Director of Healthcare and Family Services
18(formerly Director of Public Aid), or the Director of Public
19Health that continuation of practice of a person licensed or
20registered under this Act constitutes an immediate danger to
21the public, immediately suspend the license or registration of
22such person without a hearing. In instances in which the
23Secretary Director immediately suspends a license or
24registration under this Act, a hearing upon such person's
25license must be convened by the Board within 15 days after such



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1suspension and completed without appreciable delay, such
2hearing held to determine whether to recommend to the Secretary
3Director that the person's license be revoked, suspended,
4placed on probationary status or reinstated, or such person be
5subject to other disciplinary action. In such hearing, the
6written communication and any other evidence submitted
7therewith may be introduced as evidence against such person;
8provided however, the person, or his counsel, shall have the
9opportunity to discredit or impeach such evidence and submit
10evidence 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
15licensee is subject to involuntary admission or judicial
16admission as provided in the "Mental Health and Developmental
17Disabilities Code", approved September 5, 1978, as now or
18hereafter amended operates as an automatic suspension. Such
19suspension will end only upon a finding by a court that the
20patient is no longer subject to involuntary admission or
21judicial admission and issues an order so finding and
22discharging the patient; and upon the recommendation of the
23Board to the Department Director that the licensee be allowed
24to 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
4Act, the Secretary Director may, in the name of the People of
5the State of Illinois, through the Attorney General of the
6State of Illinois, or the State's Attorney of any county in
7which the action is brought, petition, for an order enjoining
8such violation or for an order enforcing compliance with this
9Act. Upon the filing of a verified petition in such court, the
10court may issue a temporary restraining order, without notice
11or bond, and may preliminarily and permanently enjoin such
12violation, and if it is established that such person has
13violated or is violating the injunction, the Court may punish
14the offender for contempt of court. Proceedings under this
15Section shall be in addition to, and not in lieu of, all other
16remedies and penalties provided by this Act.
17    (b) If any person shall practice as a pharmacist or hold
18himself out as a pharmacist or operate a pharmacy or drugstore,
19including a nonresident pharmacy under Section 16a, without
20being licensed under the provisions of this Act, then any
21licensed pharmacist, any interested party or any person injured
22thereby may, in addition to the Secretary Director, petition
23for relief as provided in subsection (a) of this Section.
24    Whoever knowingly practices or offers to practice in this
25State without being appropriately licensed or registered under



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1this Act shall be guilty of a Class A misdemeanor and for each
2subsequent conviction, shall be guilty of a Class 4 felony.
3    (c) Whenever in the opinion of the Department any person
4not licensed in good standing under this Act violates any
5provision of this Act, the Department may issue a rule to show
6cause why an order to cease and desist should not be entered
7against him. The rule shall clearly set forth the grounds
8relied upon by the Department and shall provide a period of 7
9days from the date of the rule to file an answer to the
10satisfaction of the Department. Failure to answer to the
11satisfaction of the Department shall cause an order to cease
12and 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
17investigate the actions of any applicant or of any person or
18persons holding or claiming to hold a license or registration.
19The Department shall, before suspending, revoking, placing on
20probationary status, or taking any other disciplinary or
21non-disciplinary action as the Department may deem proper with
22regard to any license or certificate, at least 30 days prior to
23the date set for the hearing, notify the accused in writing of
24any charges made and the time and place for a hearing of the
25charges before the Board, direct him or her to file his or her



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1written answer thereto to the Board under oath within 20 days
2after the service on him or her of such notice and inform him
3or her that if he or she fails to file such answer default will
4be taken against him or her and his or her license or
5certificate may be suspended, revoked, placed on probationary
6status, or have other disciplinary action, including limiting
7the scope, nature or extent of his or her practice, provided
8for herein. Such written notice may be served by personal
9delivery, email to the respondent's email address of record, or
10certified or registered mail to the respondent at his or her
11address of record. At the time and place fixed in the notice,
12the Board shall proceed to hear the charges and the parties or
13their counsel shall be accorded ample opportunity to present
14such statements, testimony, evidence and argument as may be
15pertinent to the charges or to the defense thereto. Such
16hearing may be continued from time to time. In case the accused
17person, after receiving notice, fails to file an answer, his or
18her license or certificate may, in the discretion of the
19Secretary Director, having received first the recommendation
20of the Board, be suspended, revoked, placed on probationary
21status, or the Secretary Director may take whatever
22disciplinary action as he or she may deem proper as provided
23herein, including limiting the scope, nature, or extent of said
24person's practice, without a hearing, if the act or acts
25charged constitute sufficient grounds for such action under
26this 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
5bring before it any person in this State and to take testimony,
6either orally or by deposition or both, with the same fees and
7mileage and in the same manner as prescribed by law in judicial
8proceedings in civil cases in circuit courts of this State. The
9Department may subpoena and compel the production of documents,
10papers, files, books, and records in connection with any
11hearing or investigation.
12    The Secretary Director, and any member of the Board, shall
13each have power to administer oaths to witnesses at any hearing
14which the Department is authorized to conduct under this Act,
15and any other oaths required or authorized to be administered
16by 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
21shall present to the Secretary Director a written report of its
22findings of fact, conclusions of law, and recommendations. The
23report shall contain a finding whether or not the accused
24person violated this Act or failed to comply with the



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1conditions required in this Act. The Board shall specify the
2nature of the violation or failure to comply, and shall make
3its recommendations to the Secretary Director.
4    The report of findings of fact, conclusions of law, and
5recommendations of the Board shall be the basis for the
6Department's order or refusal or for the granting of a license
7or registration. The finding is not admissible in evidence
8against the person in a criminal prosecution brought for the
9violation of this Act, but the hearing and finding are not a
10bar to a criminal prosecution brought for the violation of this
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
16of this Act, the Secretary Director shall have the authority to
17appoint any attorney duly licensed to practice law in the State
18of Illinois to serve as the hearing officer in any action
19before the Board for refusal to issue, renew, or discipline of
20a license or certificate. The Director shall notify the Board
21of any such appointment. The hearing officer shall have full
22authority to conduct the hearing. There may shall be present at
23least one or more members member of the Board at any such
24hearing. The hearing officer shall report his findings of fact,
25conclusions of law and recommendations to the Board and the



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1Secretary Director. The Board shall have 60 days from receipt
2of the report to review the report of the hearing officer and
3present their findings of fact, conclusions of law, and
4recommendations to the Secretary Director. If the Board fails
5to present its report within the 60-day 60 day period, the
6respondent may request in writing a direct appeal to the
7Secretary, in which case the Secretary may shall, within 7
8calendar days after the request, issue an order directing the
9Board to issue its findings of fact, conclusions of law, and
10recommendations to the Secretary within 30 calendar days after
11such order. If the Board fails to issue its findings of fact,
12conclusions of law, and recommendations within that time frame
13to the Secretary after the entry of such order, the Secretary
14shall, within 30 calendar days thereafter, issue an order based
15upon the report of the hearing officer and the record of the
16proceedings or issue an order remanding the matter back to the
17hearing officer for additional proceedings in accordance with
18the order. If (i) a direct appeal is requested, (ii) the Board
19fails to issue its findings of fact, conclusions of law, and
20recommendations within the 30-day mandate from the Secretary or
21the Secretary fails to order the Board to do so, and (iii) the
22Secretary fails to issue an order within 30 calendar days
23thereafter, then the hearing officer's report is deemed
24accepted and a final decision of the Secretary. Notwithstanding
25any other provision of this Section, if the Secretary, upon
26review, determines that substantial justice has not been done



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1in the revocation, suspension, or refusal to issue or renew a
2license or other disciplinary action taken as the result of the
3entry of the hearing officer's report, the Secretary may order
4a rehearing by the same or other examiners. If the Secretary
5disagrees with the recommendation of the Board or the hearing
6officer, the Secretary may issue an order in contravention of
7the 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,
12renew or discipline of a license or registration, a copy of the
13Board's report shall be served upon the respondent by the
14Department, either personally or as provided in this Act for
15the service of the notice of hearing. Within 20 days after such
16service, the respondent may present to the Department a motion
17in writing for a rehearing, which motion shall specify the
18particular grounds therefor. If no motion for rehearing is
19filed, then upon the expiration of the time specified for
20filing such a motion, or if a motion for rehearing is denied,
21then upon such denial the Secretary Director may enter an order
22in accordance with recommendations of the Board except as
23provided in Section 35.6 or 35.7 of this Act. If the respondent
24shall order from the reporting service, and pay for a
25transcript of the record within the time for filing a motion



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1for rehearing, the 20-day 20 day period within which such a
2motion may be filed shall commence upon the delivery of the
3transcript 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
8concerning the conduct of hearings and recommendations for
9disciplinary actions, the Secretary Director shall have the
10authority to negotiate agreements with licensees and
11registrants resulting in disciplinary consent orders provided
12a Board member is present and the discipline is recommended by
13a the Board member. Such consent orders may provide for any of
14the forms of discipline otherwise provided herein or any other
15disciplinary or non-disciplinary action the parties agree to.
16Such consent orders shall provide that they were not entered
17into 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
22order or a certified copy thereof, over the seal of the
23Department and purporting to be signed by the Secretary
24Director, 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
11a term of probation, suspension, or revocation of any license
12certificate, the Department may restore it to the accused
13person without examination, upon the written recommendation of
14the Board. A license that has been suspended or revoked shall
15be considered nonrenewed for purposes of restoration and a
16person restoring his or her license from suspension or
17revocation must comply with the requirements for restoration of
18a nonrenewed license as set forth in Section 12 of this Act and
19any 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
24license or registration, the holder shall forthwith surrender



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1the license license(s) or registration(s) to the Department and
2if the licensee fails to do so, the Department shall have the
3right 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
8license of a pharmacist, or pharmacy, registered or the
9registration of a pharmacy technician, or registered certified
10pharmacy technician, without a hearing, simultaneously with
11the institution of proceedings for a hearing provided for in
12Section 35.2 of this Act, if the Secretary finds that evidence
13in his possession indicates that a continuation in practice
14would constitute an imminent danger to the public. In the event
15that the Secretary suspends, temporarily, this license or
16registration without a hearing, a hearing by the Department
17must be held within 15 days after such suspension has occurred,
18and 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
23not be required to certify any record to the court, or to file
24an any answer in court, or to otherwise appear in any court in



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1a judicial review proceeding, unless and until the Department
2has received from the plaintiff there is filed in the court,
3with the complaint, a receipt from the Department acknowledging
4payment of the costs of furnishing and certifying the record,
5which costs shall be determined by the Department. Exhibits
6shall be certified without cost. Failure on the part of the
7plaintiff to file a receipt in court shall be grounds for
8dismissal of the action. During the pendency and hearing of any
9and all judicial proceedings incident to the disciplinary
10action the sanctions imposed upon the accused by the Department
11because of acts or omissions related to the delivery of direct
12patient care as specified in the Department's final
13administrative decision, shall, as a matter of public policy,
14remain in full force and effect in order to protect the public
15pending 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
19the Department in the course of an examination or investigation
20of a licensee or applicant, including, but not limited to, any
21complaint against a licensee filed with the Department and
22information collected to investigate any such complaint, shall
23be maintained for the confidential use of the Department and
24shall not be disclosed. The Department may not disclose the
25information to anyone other than law enforcement officials,



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1other regulatory agencies that have an appropriate regulatory
2interest as determined by the Secretary, or to a party
3presenting a lawful subpoena to the Department. Information and
4documents disclosed to a federal, State, county, or local law
5enforcement agency shall not be disclosed by the agency for any
6purpose to any other agency or person. A formal complaint filed
7against a licensee by the Department or any order issued by the
8Department against a licensee or applicant shall be a public
9record, 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
13of citations to any licensee for any violation of this Act or
14the rules. The citation shall be issued to the licensee or
15other person alleged to have committed one or more violations
16and shall contain the licensee's or other person's name and
17address, the licensee's license number, if any, a brief factual
18statement, the Sections of this Act or the rules allegedly
19violated, and the penalty imposed, which shall not exceed
20$1,000. The citation must clearly state that if the cited
21person wishes to dispute the citation, he or she may request in
22writing, within 30 days after the citation is served, a hearing
23before the Department. If the cited person does not request a
24hearing within 30 days after the citation is served, then the
25citation shall become a final, non-disciplinary order and any



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1fine imposed is due and payable. If the cited person requests a
2hearing within 30 days after the citation is served, the
3Department shall afford the cited person a hearing conducted in
4the same manner as a hearing provided in this Act for any
5violation of this Act and shall determine whether the cited
6person committed the violation as charged and whether the fine
7as levied is warranted. If the violation is found, any fine
8shall constitute discipline and be due and payable within 30
9days of the order of the Secretary. Failure to comply with any
10final order may subject the licensed person to further
11discipline or other action by the Department or a referral to
12the State's Attorney.
13    (b) A citation must be issued within 6 months after the
14reporting of a violation that is the basis for the citation.
15    (c) Service of a citation shall be made in person,
16electronically, or by mail to the licensee at the licensee's
17address of record or email address of record.
18    (d) Nothing in this Section shall prohibit or limit the
19Department from taking further action pursuant to this Act and
20rules 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
24Illinois Administrative Procedure Act is hereby expressly
25adopted and incorporated herein as if all of the provisions of



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1that Act were included in this Act, except that the provision
2of subsection (d) of Section 10-65 of the Illinois
3Administrative Procedure Act that provides that at hearings the
4licensee has the right to show compliance with all lawful
5requirements for retention, continuation or renewal of the
6license is specifically excluded. For the purpose of this Act,
7the notice required under Section 10-25 of the Illinois
8Administrative Procedure Act is deemed sufficient when
9personally served, mailed to the address of record of the
10applicant or licensee, or emailed to the email address of
11record of the applicant or licensee last known address of a
13(Source: P.A. 88-45.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".