Full Text of HB1270 101st General Assembly
HB1270ham001 101ST GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 10/24/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1270
| 2 | | AMENDMENT NO. ______. Amend House Bill 1270 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Sections 4.30 and 4.33 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Community Association Manager Licensing and | 10 | | Disciplinary Act. | 11 | | The Illinois Landscape Architecture Act of 1989.
| 12 | | The Pharmacy Practice Act. | 13 | | (Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17; | 14 | | 100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff. | 15 | | 8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313, | 16 | | eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19; |
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| 1 | | 101-357, eff. 8-9-19; revised 9-27-19.) | 2 | | (5 ILCS 80/4.33) | 3 | | Sec. 4.33. Acts repealed on January 1,
2023. The following | 4 | | Acts are
repealed on January 1, 2023: | 5 | | The Dietitian Nutritionist Practice Act. | 6 | | The Elevator Safety and Regulation Act.
| 7 | | The Fire Equipment Distributor and Employee Regulation Act | 8 | | of 2011. | 9 | | The Funeral Directors and Embalmers Licensing Code. | 10 | | The Naprapathic Practice Act. | 11 | | The Pharmacy Practice Act. | 12 | | The Professional Counselor and Clinical Professional | 13 | | Counselor
Licensing and Practice Act. | 14 | | The Wholesale Drug Distribution Licensing Act. | 15 | | (Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12; | 16 | | 97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff. | 17 | | 8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.) | 18 | | Section 10. The Pharmacy Practice Act is amended by | 19 | | changing Sections 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9, | 20 | | 35.10, and 35.21 and by adding Sections 15.1 and 22c as | 21 | | follows:
| 22 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 9. Licensure as registered pharmacy technician. | 2 | | (a) Any person shall be entitled
to licensure as a | 3 | | registered pharmacy technician who is of the age of 16
or over, | 4 | | has not engaged in conduct or behavior determined to be grounds | 5 | | for
discipline under this Act, is attending or has
graduated | 6 | | from an accredited high school or comparable school or | 7 | | educational
institution or received a high school equivalency | 8 | | certificate, and has filed a written or electronic application | 9 | | for licensure on a form
to be prescribed and furnished by the | 10 | | Department for that purpose. The
Department shall issue a | 11 | | license as a registered pharmacy technician to any applicant | 12 | | who has
qualified as aforesaid, and such license shall be the | 13 | | sole authority
required to assist licensed pharmacists in the | 14 | | practice of pharmacy, under
the supervision of a licensed | 15 | | pharmacist. A registered pharmacy technician may, under the | 16 | | supervision of a pharmacist, assist in the practice of pharmacy | 17 | | and perform such functions as assisting in the dispensing | 18 | | process, offering counseling, receiving new verbal | 19 | | prescription orders, and having prescriber contact concerning | 20 | | prescription drug order clarification. A registered pharmacy | 21 | | technician may be delegated to perform any task within the | 22 | | practice of pharmacy if specifically trained for that task, | 23 | | except for not engage in patient counseling, drug regimen | 24 | | review, or clinical conflict resolution. | 25 | | (b) Beginning on January 1, 2017, within 2 years after | 26 | | initial licensure as a registered pharmacy technician, the |
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| 1 | | licensee must meet the requirements described in Section 9.5 of | 2 | | this Act and become licensed as a registered certified pharmacy | 3 | | technician. If the licensee has not yet attained the age of 18, | 4 | | then upon the next renewal as a registered pharmacy technician, | 5 | | the licensee must meet the requirements described in Section | 6 | | 9.5 of this Act and become licensed as a registered certified | 7 | | pharmacy technician. This requirement does not apply to | 8 | | pharmacy technicians registered prior to January 1, 2008.
| 9 | | (c) Any person registered
as a pharmacy technician who is | 10 | | also enrolled in a first professional
degree program in | 11 | | pharmacy in a school or college of pharmacy or a
department of | 12 | | pharmacy of a university approved by the Department or has | 13 | | graduated from such a program within the last 18 months, shall | 14 | | be
considered a "student pharmacist"
and entitled to use the | 15 | | title "student pharmacist". A student pharmacist must meet all | 16 | | of the requirements for licensure as a registered pharmacy | 17 | | technician set forth in this Section excluding the requirement | 18 | | of certification prior to the second license renewal and pay | 19 | | the required registered pharmacy technician license fees. A | 20 | | student pharmacist may, under the supervision of a pharmacist, | 21 | | assist in the practice of pharmacy and perform any and all | 22 | | functions delegated to him or her by the pharmacist. | 23 | | (d) Any person seeking licensure as a pharmacist who has | 24 | | graduated from a pharmacy program outside the United States | 25 | | must register as a pharmacy technician and shall be considered | 26 | | a "student pharmacist" and be entitled to use the title |
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| 1 | | "student pharmacist" while completing the 1,200 clinical hours | 2 | | of training approved by the Board of Pharmacy described and for | 3 | | no more than 18 months after completion of these hours. These | 4 | | individuals are not required to become registered certified | 5 | | pharmacy technicians while completing their Board approved | 6 | | clinical training, but must become licensed as a pharmacist or | 7 | | become licensed as a registered certified pharmacy technician | 8 | | before the second pharmacy technician license renewal | 9 | | following completion of the Board approved clinical training. | 10 | | (e) The Department shall not renew the registered pharmacy | 11 | | technician license of any person who has been licensed as a | 12 | | registered pharmacy technician with the designation "student | 13 | | pharmacist" who: (1) has dropped out of or been expelled from | 14 | | an ACPE accredited college of pharmacy; (2) has failed to | 15 | | complete his or her 1,200 hours of Board approved clinical | 16 | | training within 24 months; or (3) has failed the pharmacist | 17 | | licensure examination 3 times. The Department shall require | 18 | | these individuals to meet the requirements of and become | 19 | | licensed as a registered certified pharmacy technician. | 20 | | (f) The Department may
take any action set forth in Section | 21 | | 30 of this Act with regard to a license
pursuant to this | 22 | | Section.
| 23 | | (g) Any person who is enrolled in a non-traditional | 24 | | Pharm.D.
program at an ACPE accredited college of pharmacy and | 25 | | is licensed as a registered pharmacist
under the laws of | 26 | | another United States jurisdiction shall be permitted to
engage |
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| 1 | | in the program of practice experience required in the academic | 2 | | program
by virtue of such license. Such person shall be exempt | 3 | | from the requirement
of licensure as a registered pharmacy | 4 | | technician or registered certified pharmacy technician while | 5 | | engaged in the
program of practice experience required in the | 6 | | academic program.
| 7 | | An applicant for licensure as a registered pharmacy | 8 | | technician may assist a
pharmacist in the practice of pharmacy | 9 | | for a period of up to
60 days prior to the issuance of a license | 10 | | if the
applicant has submitted the required fee and an | 11 | | application for licensure
to the Department. The applicant | 12 | | shall keep a copy of the submitted
application on the premises | 13 | | where the applicant is assisting in the
practice of pharmacy. | 14 | | The Department shall forward confirmation of receipt of the | 15 | | application with start and expiration dates of practice pending | 16 | | licensure.
| 17 | | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
| 18 | | (225 ILCS 85/9.5) | 19 | | (Section scheduled to be repealed on January 1, 2020)
| 20 | | Sec. 9.5. Registered certified pharmacy technician. | 21 | | (a) An individual licensed as a registered pharmacy | 22 | | technician under this Act may be licensed as a registered | 23 | | certified pharmacy technician, if he or she meets all of the | 24 | | following requirements: | 25 | | (1) He or she has submitted a written application in |
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| 1 | | the form and manner prescribed by the Department. | 2 | | (2) He or she has attained the age of 18. | 3 | | (3) He or she is of good moral character, as determined | 4 | | by the Department. | 5 | | (4) Beginning on January 1, 2022, a new pharmacy | 6 | | technician is required to have He or she has (i) graduated | 7 | | from a pharmacy technician training program that meets | 8 | | meeting the requirements set forth in subsection (a) of | 9 | | Section 17.1 of this Act or (ii) obtained documentation | 10 | | from the pharmacist-in-charge of the pharmacy where the | 11 | | applicant is employed verifying that he or she has | 12 | | successfully completed a standardized nationally | 13 | | accredited education and training program , and has | 14 | | successfully completed an objective assessment mechanism | 15 | | prepared in accordance with rules established by the | 16 | | Department. | 17 | | (5) He or she has successfully passed an examination | 18 | | accredited by the National Commission for Certifying | 19 | | Agencies, as approved and required by the Board or by rule. | 20 | | (6) He or she has paid the required licensure fees. | 21 | | (b) No pharmacist whose license has been denied, revoked, | 22 | | suspended, or restricted for disciplinary purposes may be | 23 | | eligible to be registered as a certified pharmacy technician | 24 | | unless authorized by order of the Department as a condition of | 25 | | restoration from revocation, suspension, or restriction. | 26 | | (c) The Department may, by rule, establish any additional |
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| 1 | | requirements for licensure under this Section.
| 2 | | (d) A person who is not a licensed registered pharmacy | 3 | | technician and meets the requirements of this Section may be | 4 | | licensed as a registered certified pharmacy technician without | 5 | | first being licensed as a registered pharmacy technician. | 6 | | (e) As a condition for the renewal of a license as a | 7 | | registered certified pharmacy technician, the licensee shall | 8 | | provide evidence to the Department of completion of a total of | 9 | | 20 hours of continuing pharmacy education during the 24 months | 10 | | preceding the expiration date of the certificate as established | 11 | | by rule. One hour of continuing pharmacy education must be in | 12 | | the subject of pharmacy law. One hour of continuing pharmacy | 13 | | education must be in the subject of patient safety. The | 14 | | continuing education shall be approved by the Accreditation | 15 | | Council on Pharmacy Education. | 16 | | The Department may establish by rule a means for the | 17 | | verification of completion of the continuing education | 18 | | required by this subsection (e). This verification may be | 19 | | accomplished through audits of records maintained by | 20 | | licensees, by requiring the filing of continuing education | 21 | | certificates with the Department or a qualified organization | 22 | | selected by the Department to maintain such records, or by | 23 | | other means established by the Department. | 24 | | Rules developed under this subsection (e) may provide for a | 25 | | reasonable annual fee, not to exceed $20, to fund the cost of | 26 | | such recordkeeping. The Department may, by rule, further |
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| 1 | | provide an orderly process for the restoration of a license | 2 | | that has not been renewed due to the failure to meet the | 3 | | continuing pharmacy education requirements of this subsection | 4 | | (e). The Department may waive the requirements of continuing | 5 | | pharmacy education, in whole or in part, in cases of extreme | 6 | | hardship as defined by rule of the Department. The waivers may | 7 | | be granted for not more than one of any 2 3 consecutive renewal | 8 | | periods. | 9 | | (Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.) | 10 | | (225 ILCS 85/15.1 new) | 11 | | Sec. 15.1. Pharmacy working conditions. | 12 | | (a) A pharmacy licensed under this Act shall not require a | 13 | | pharmacist, student pharmacist, or pharmacy technician to work | 14 | | longer than 12 continuous hours per day, inclusive of the | 15 | | breaks required under subsection (b). | 16 | | (b) A pharmacist who works 6 continuous hours or longer per | 17 | | day shall be allowed to take, at a minimum, one 30-minute | 18 | | uninterrupted meal break and one 15-minute break during that | 19 | | 6-hour period. If such pharmacist is required to work 12 | 20 | | continuous hours per day, at a minimum, he or she qualifies for | 21 | | an additional 15-minute break. A pharmacist who is entitled to | 22 | | take such breaks shall not be required to work more than 5 | 23 | | continuous hours, excluding a 15-minute break, before being | 24 | | given the opportunity to take a 30-minute uninterrupted meal | 25 | | break. |
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| 1 | | (c) A pharmacy may, but is not required to, close when a | 2 | | pharmacist is allowed to take a break under subsection (b). If | 3 | | the pharmacy does not close, the pharmacist shall either remain | 4 | | within the licensed pharmacy or within the establishment in | 5 | | which the licensed pharmacy is located in order to be available | 6 | | for emergencies. In addition, the following applies: | 7 | | (1) pharmacy technicians, student pharmacists, and | 8 | | other supportive staff authorized by the pharmacist on duty | 9 | | may continue to perform duties as allowed under this Act; | 10 | | (2) no duties reserved to pharmacists and student | 11 | | pharmacists under this Act, or that require the | 12 | | professional judgment of a pharmacist, may be performed by | 13 | | pharmacy technicians or other supportive staff; and | 14 | | (3) only prescriptions that have received final | 15 | | verification by a pharmacist may be dispensed while the | 16 | | pharmacist is on break, except those prescriptions that | 17 | | require counseling by a pharmacist, including all new | 18 | | prescriptions and those refill prescriptions for which a | 19 | | pharmacist has determined that counseling is necessary, | 20 | | may be dispensed only if the following conditions are met: | 21 | | (i) the patient or other individual who is picking | 22 | | up the prescription on behalf of the patient is told | 23 | | that the pharmacist is on a break and is offered the | 24 | | chance to wait until the pharmacist returns from break | 25 | | in order to receive counseling; | 26 | | (ii) if the patient or other individual who is |
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| 1 | | picking up the prescription on behalf of the patient | 2 | | declines to wait, a telephone number at which the | 3 | | patient or other individual who is picking up the | 4 | | prescription on behalf of the patient can be reached is | 5 | | obtained; | 6 | | (iii) after returning from the break, the | 7 | | pharmacist makes a reasonable effort to contact the | 8 | | patient or other individual who is picking up the | 9 | | prescription on behalf of the patient and provide | 10 | | counseling; and | 11 | | (iv) the pharmacist documents the counseling that | 12 | | was provided or documents why counseling was not | 13 | | provided after a minimum of 2 attempts, including a | 14 | | description of the efforts made to contact the patient | 15 | | or other individual who is picking up the prescription | 16 | | on behalf of the patient; the documentation shall be | 17 | | retained by the pharmacy and made available for | 18 | | inspection by the Board or its authorized | 19 | | representatives for at least 2 years. | 20 | | (d) In a pharmacy staffed by 2 or more pharmacists, the | 21 | | pharmacists shall stagger breaks so that at least one | 22 | | pharmacist remains on duty during all times that the pharmacy | 23 | | remains open for the transaction of business. | 24 | | (e) A pharmacy shall keep and maintain a complete and | 25 | | accurate record showing its pharmacists' daily break periods. | 26 | | (f) Subsections (a) and (b) shall not apply when an |
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| 1 | | emergency, as deemed by the professional judgment of the | 2 | | pharmacist, necessitates that a pharmacist, student | 3 | | pharmacist, or pharmacy technician work longer than 12 | 4 | | continuous hours, work without taking required meal breaks, or | 5 | | have a break interrupted in order to minimize immediate health | 6 | | risks for patients.
| 7 | | (225 ILCS 85/17.1)
| 8 | | (Section scheduled to be repealed on January 1, 2020)
| 9 | | Sec. 17.1. Registered pharmacy technician training.
| 10 | | (a) Beginning January 1, 2022 2004 , it shall be the joint | 11 | | responsibility of a
pharmacy
and its pharmacist in charge to | 12 | | ensure that all new pharmacy technicians are educated and | 13 | | trained using a standard nationally accredited education and | 14 | | training program, as those accredited by the Accreditation | 15 | | Council for Pharmacy Education or the American Society of | 16 | | Health-System Pharmacists or other Board approved education | 17 | | and training programs. Training is also required in all of the | 18 | | following practice areas as they apply to State law and relate | 19 | | to the specific practice site and job responsibilities have | 20 | | trained all of its registered pharmacy technicians
or obtain
| 21 | | proof of prior training in all of the following topics as they | 22 | | relate to the
practice site :
| 23 | | (1) The duties and responsibilities of the technicians | 24 | | and pharmacists.
| 25 | | (2) Tasks and technical skills, policies, and |
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| 1 | | procedures.
| 2 | | (3) Compounding, packaging, labeling, and storage.
| 3 | | (4) Pharmaceutical and medical terminology.
| 4 | | (5) Record keeping requirements.
| 5 | | (6) The ability to perform and apply arithmetic | 6 | | calculations.
| 7 | | (b) Within 2 years of initial licensure as a pharmacy | 8 | | technician and within 6 months before beginning any new after | 9 | | initial employment or changing the duties and
responsibilities | 10 | | of a registered pharmacy technician, it
shall be
the joint | 11 | | responsibility of the pharmacy and the pharmacist in charge to
| 12 | | train the registered
pharmacy technician or obtain proof of | 13 | | prior training in the areas listed in
subsection (a)
of this | 14 | | Section as they relate to the practice site or to document that | 15 | | the pharmacy technician is making appropriate progress.
| 16 | | (c) All pharmacies shall maintain an up-to-date training
| 17 | | program policies and procedures manual
describing the duties | 18 | | and responsibilities of a registered pharmacy technician and | 19 | | registered certified pharmacy technician .
| 20 | | (d) All pharmacies shall create and maintain retrievable
| 21 | | records
of
training or proof of training as required in this | 22 | | Section.
| 23 | | (Source: P.A. 100-497, eff. 9-8-17.)
| 24 | | (225 ILCS 85/22c new) | 25 | | Sec. 22c. Automated prescription refills. |
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| 1 | | (a) Before a prescription that has a refill on file from a | 2 | | prescribing practitioner may be included in an auto-refill | 3 | | program, a patient or patient's agent must enroll each | 4 | | prescription medication in an auto-refill program. | 5 | | Prescriptions without a refill on file are not eligible for | 6 | | auto-refill. | 7 | | (b) Beginning January 1, 2022, a pharmacy using the | 8 | | National Council for Prescription Drug Programs's SCRIPT | 9 | | standard for receiving electronic prescriptions must enable, | 10 | | activate, and maintain the ability to receive transmissions of | 11 | | electronic prescription cancellation and to transmit | 12 | | cancellation response transactions. | 13 | | (c) Within 2 business days of receipt of a prescription | 14 | | cancellation transaction, pharmacy staff must either review | 15 | | the cancellation transaction for deactivation or provide that | 16 | | deactivation occurs automatically. | 17 | | (d) The Department shall adopt rules to implement this | 18 | | Section. The rules shall ensure that discontinued medications | 19 | | are not dispensed to a patient by a pharmacist or by any | 20 | | automatic refill dispensing systems, whether prescribed | 21 | | through electronic prescriptions or paper prescriptions.
| 22 | | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| 23 | | (Section scheduled to be repealed on January 1, 2020)
| 24 | | Sec. 30. Refusal, revocation, suspension, or other | 25 | | discipline. |
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| 1 | | (a) The Department may refuse to issue or renew, or may | 2 | | revoke a license, or may suspend, place on probation, fine, or | 3 | | take any disciplinary or non-disciplinary action as the | 4 | | Department may deem proper, including fines not to exceed | 5 | | $10,000 for each violation, with regard to any licensee for any | 6 | | one or combination of the following causes:
| 7 | | 1. Material misstatement in furnishing information to | 8 | | the Department.
| 9 | | 2. Violations of this Act, or the rules promulgated | 10 | | hereunder.
| 11 | | 3. Making any misrepresentation for the purpose of | 12 | | obtaining licenses.
| 13 | | 4. A pattern of conduct which demonstrates | 14 | | incompetence or unfitness
to practice.
| 15 | | 5. Aiding or assisting another person in violating any | 16 | | provision of
this Act or rules.
| 17 | | 6. Failing, within 60 days, to respond to a written | 18 | | request made by
the Department for information.
| 19 | | 7. Engaging in unprofessional, dishonorable, or | 20 | | unethical conduct of
a character likely to deceive, defraud | 21 | | or harm the public.
| 22 | | 8. Adverse action taken by another state or | 23 | | jurisdiction against a license or other authorization to | 24 | | practice as a pharmacy, pharmacist, registered certified | 25 | | pharmacy technician, or registered pharmacy technician | 26 | | that is the same or substantially equivalent to those set |
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| 1 | | forth in this Section, a certified copy of the record of | 2 | | the action taken by the other state or jurisdiction being | 3 | | prima facie evidence thereof.
| 4 | | 9. Directly or indirectly giving to or receiving from | 5 | | any person, firm,
corporation, partnership, or association | 6 | | any fee, commission, rebate
or other form of compensation | 7 | | for any professional services not actually
or personally | 8 | | rendered. Nothing in this item 9 affects any bona fide | 9 | | independent contractor or employment arrangements among | 10 | | health care professionals, health facilities, health care | 11 | | providers, or other entities, except as otherwise | 12 | | prohibited by law. Any employment arrangements may include | 13 | | provisions for compensation, health insurance, pension, or | 14 | | other employment benefits for the provision of services | 15 | | within the scope of the licensee's practice under this Act. | 16 | | Nothing in this item 9 shall be construed to require an | 17 | | employment arrangement to receive professional fees for | 18 | | services rendered.
| 19 | | 10. A finding by the Department that the licensee, | 20 | | after having his
license placed on probationary status has | 21 | | violated the terms of probation.
| 22 | | 11. Selling or engaging in the sale of drug samples | 23 | | provided at no
cost by drug manufacturers.
| 24 | | 12. Physical illness, including but not limited to, | 25 | | deterioration through
the aging process, or loss of motor | 26 | | skill which results in the inability
to practice the |
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| 1 | | profession with reasonable judgment, skill or safety.
| 2 | | 13. A finding that licensure or registration has been | 3 | | applied for or
obtained by fraudulent means.
| 4 | | 14. Conviction by plea of guilty or nolo contendere, | 5 | | finding of guilt, jury verdict, or entry of judgment or | 6 | | sentencing, including, but not limited to, convictions, | 7 | | preceding sentences of supervision, conditional discharge, | 8 | | or first offender probation, under the laws of any | 9 | | jurisdiction of the United States that is (i) a felony or | 10 | | (ii) a misdemeanor, an essential element of which is | 11 | | dishonesty, or that is directly related to the practice of | 12 | | pharmacy.
| 13 | | 15. Habitual or excessive use or addiction to alcohol, | 14 | | narcotics, stimulants
or any other chemical agent or drug | 15 | | which results in the inability
to practice with reasonable | 16 | | judgment, skill or safety.
| 17 | | 16. Willfully making or filing false records or reports | 18 | | in the practice
of pharmacy, including, but not limited to | 19 | | false records to support
claims against the medical | 20 | | assistance program of the Department of Healthcare and | 21 | | Family Services (formerly Department of
Public Aid) under | 22 | | the Public Aid Code.
| 23 | | 17. Gross and willful overcharging for professional | 24 | | services including
filing false statements for collection | 25 | | of fees for which services are
not rendered, including, but | 26 | | not limited to, filing false statements
for collection of |
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| 1 | | monies for services not rendered from the medical
| 2 | | assistance program of the Department of Healthcare and | 3 | | Family Services (formerly Department of Public Aid) under | 4 | | the Public Aid Code.
| 5 | | 18. Dispensing prescription drugs without receiving a
| 6 | | written or oral prescription in violation of law.
| 7 | | 19. Upon a finding of a substantial discrepancy in a | 8 | | Department audit
of a prescription drug, including | 9 | | controlled substances, as that term
is defined in this Act | 10 | | or in the Illinois Controlled Substances Act.
| 11 | | 20. Physical or mental illness or any other impairment | 12 | | or disability, including, without limitation: (A) | 13 | | deterioration through the aging process or loss of motor | 14 | | skills that
results in the inability to practice with
| 15 | | reasonable judgment, skill or safety; or (B) mental | 16 | | incompetence,
as declared
by a court of competent | 17 | | jurisdiction.
| 18 | | 21. Violation of the Health Care Worker Self-Referral | 19 | | Act.
| 20 | | 22. Failing to sell or dispense any drug, medicine, or | 21 | | poison in good
faith. "Good faith", for the purposes of | 22 | | this Section, has the meaning
ascribed
to it in subsection | 23 | | (u) of Section 102 of the Illinois Controlled Substances
| 24 | | Act. "Good faith", as used in this item (22), shall not be | 25 | | limited to the sale or dispensing of controlled substances, | 26 | | but shall apply to all prescription drugs.
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| 1 | | 23. Interfering with the professional judgment of a | 2 | | pharmacist by
any licensee under this Act, or the | 3 | | licensee's agents or employees.
| 4 | | 24. Failing to report within 60 days to the Department
| 5 | | any adverse final action taken against a pharmacy, | 6 | | pharmacist, registered pharmacy technician, or registered | 7 | | certified pharmacy technician by another licensing | 8 | | jurisdiction in any other state or any territory of the | 9 | | United States or any foreign jurisdiction, any | 10 | | governmental agency, any law enforcement agency, or any | 11 | | court for acts or conduct similar to acts or conduct that | 12 | | would constitute grounds for discipline as defined in this | 13 | | Section. | 14 | | 25. Failing to comply with a subpoena issued in | 15 | | accordance with Section 35.5 of this Act.
| 16 | | 26. Disclosing protected health information in | 17 | | violation of any State or federal law. | 18 | | 27. Willfully failing to report an instance of | 19 | | suspected abuse, neglect, financial exploitation, or | 20 | | self-neglect of an eligible adult as defined in and | 21 | | required by the Adult Protective Services Act. | 22 | | 28. Being named as an abuser in a verified report by | 23 | | the Department on Aging under the Adult Protective Services | 24 | | Act, and upon proof by clear and convincing evidence that | 25 | | the licensee abused, neglected, or financially exploited | 26 | | an eligible adult as defined in the Adult Protective |
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| 1 | | Services Act. | 2 | | 29. Using advertisements or making solicitations that | 3 | | may jeopardize the health, safety, or welfare of patients, | 4 | | including, but not be limited to, the use of advertisements | 5 | | or solicitations that: | 6 | | (A) are false, fraudulent, deceptive, or | 7 | | misleading; or | 8 | | (B) include any claim regarding a professional | 9 | | service or product or the cost or price thereof that | 10 | | cannot be substantiated by the licensee. | 11 | | 30. Requiring a pharmacist to participate in the use or | 12 | | distribution of advertisements or in making solicitations | 13 | | that may jeopardize the health, safety, or welfare of | 14 | | patients. | 15 | | 31. Failing to provide a working environment for all | 16 | | pharmacy personnel that protects the health, safety, and | 17 | | welfare of a patient, which includes, but is not limited | 18 | | to, failing to: | 19 | | (A) employ sufficient personnel to prevent | 20 | | fatigue, distraction, or other conditions that | 21 | | interfere with a pharmacist's ability to practice with | 22 | | competency and safety or creates an environment that | 23 | | jeopardizes patient care; | 24 | | (B) provide appropriate opportunities for | 25 | | uninterrupted rest periods and meal breaks; | 26 | | (C) provide adequate time for a pharmacist to |
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| 1 | | complete professional duties and responsibilities, | 2 | | including, but not limited to: | 3 | | (i) drug utilization review; | 4 | | (ii) immunization; | 5 | | (iii) counseling; | 6 | | (iv) verification of the accuracy of a | 7 | | prescription; and | 8 | | (v) all other duties and responsibilities of a | 9 | | pharmacist as listed in the rules of the | 10 | | Department. | 11 | | 32. Introducing or enforcing external factors, such as | 12 | | productivity or production quotas or other programs | 13 | | against pharmacists, student pharmacists or pharmacy | 14 | | technicians, to the extent that they interfere with the | 15 | | ability of those individuals to provide appropriate | 16 | | professional services to the public. | 17 | | 33. Providing an incentive for or inducing the transfer | 18 | | of a prescription for a patient absent a professional | 19 | | rationale. | 20 | | (b) The Department may refuse to issue or may suspend the | 21 | | license of any person who fails to file a return, or to pay the | 22 | | tax,
penalty or interest shown in a filed return, or to pay any | 23 | | final assessment
of tax, penalty or interest, as required by | 24 | | any tax Act administered by the
Illinois Department of Revenue, | 25 | | until such time as the requirements of any
such tax Act are | 26 | | satisfied.
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| 1 | | (c) The Department shall revoke any license issued under | 2 | | the provisions of this Act or any prior Act of
this State of | 3 | | any person who has been convicted a second time of committing
| 4 | | any felony under the Illinois Controlled Substances Act, or who
| 5 | | has been convicted a second time of committing a Class 1 felony | 6 | | under
Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
| 7 | | person whose license issued under the
provisions of this Act or | 8 | | any prior Act of this State is revoked under this
subsection | 9 | | (c) shall be prohibited from engaging in the practice of
| 10 | | pharmacy in this State.
| 11 | | (d) Fines may be imposed in conjunction with other forms of | 12 | | disciplinary action, but shall not be the exclusive disposition | 13 | | of any disciplinary action arising out of conduct resulting in | 14 | | death or injury to a patient. Fines shall be paid within 60 | 15 | | days or as otherwise agreed to by the Department. Any funds | 16 | | collected from such fines shall be deposited in the Illinois | 17 | | State Pharmacy Disciplinary Fund.
| 18 | | (e) The entry of an order or judgment by any circuit court | 19 | | establishing that any person holding a license or certificate | 20 | | under this Act is a person in need of mental treatment operates | 21 | | as a suspension of that license. A licensee may resume his or | 22 | | her practice only upon the entry of an order of the Department | 23 | | based upon a finding by the Board that he or she has been | 24 | | determined to be recovered from mental illness by the court and | 25 | | upon the Board's recommendation that the licensee be permitted | 26 | | to resume his or her practice.
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| 1 | | (f) The Department shall issue quarterly to the Board a | 2 | | status of all
complaints related to the profession received by | 3 | | the Department.
| 4 | | (g) In enforcing this Section, the Board or the Department, | 5 | | upon a showing of a possible violation, may compel any licensee | 6 | | or applicant for licensure under this Act to submit to a mental | 7 | | or physical examination or both, as required by and at the | 8 | | expense of the Department. The examining physician, or | 9 | | multidisciplinary team involved in providing physical and | 10 | | mental examinations led by a physician consisting of one or a | 11 | | combination of licensed physicians, licensed clinical | 12 | | psychologists, licensed clinical social workers, licensed | 13 | | clinical professional counselors, and other professional and | 14 | | administrative staff, shall be those specifically designated | 15 | | by the Department. The Board or the Department may order the | 16 | | examining physician or any member of the multidisciplinary team | 17 | | to present testimony concerning this mental or physical | 18 | | examination of the licensee or applicant. No information, | 19 | | report, or other documents in any way related to the | 20 | | examination shall be excluded by reason of any common law or | 21 | | statutory privilege relating to communication between the | 22 | | licensee or applicant and the examining physician or any member | 23 | | of the multidisciplinary team. The individual to be examined | 24 | | may have, at his or her own expense, another physician of his | 25 | | or her choice present during all aspects of the examination. | 26 | | Failure of any individual to submit to a mental or physical |
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| 1 | | examination when directed shall result in the automatic | 2 | | suspension of his or her license until such time as the | 3 | | individual submits to the examination. If the Board or | 4 | | Department finds a pharmacist, registered certified pharmacy | 5 | | technician, or registered pharmacy technician unable to | 6 | | practice because of the reasons set forth in this Section, the | 7 | | Board or Department shall require such pharmacist, registered | 8 | | certified pharmacy technician, or registered pharmacy | 9 | | technician to submit to care, counseling, or treatment by | 10 | | physicians or other appropriate health care providers approved | 11 | | or designated by the Department as a condition for continued, | 12 | | restored reinstated , or renewed licensure to practice. Any | 13 | | pharmacist, registered certified pharmacy technician, or | 14 | | registered pharmacy technician whose license was granted, | 15 | | continued, restored reinstated , renewed, disciplined, or | 16 | | supervised, subject to such terms, conditions, or | 17 | | restrictions, and who fails to comply with such terms, | 18 | | conditions, or restrictions or to complete a required program | 19 | | of care, counseling, or treatment, as determined by the chief | 20 | | pharmacy coordinator, shall be referred to the Secretary for a | 21 | | determination as to whether the licensee shall have his or her | 22 | | license suspended immediately, pending a hearing by the Board. | 23 | | In instances in which the Secretary immediately suspends a | 24 | | license under this subsection (g), a hearing upon such person's | 25 | | license must be convened by the Board within 15 days after such | 26 | | suspension and completed without appreciable delay. The |
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| 1 | | Department and Board shall have the authority to review the | 2 | | subject pharmacist's, registered certified pharmacy | 3 | | technician's, or registered pharmacy technician's record of | 4 | | treatment and counseling regarding the impairment.
| 5 | | (h) An individual or organization acting in good faith, and | 6 | | not in a willful and wanton manner, in complying with this | 7 | | Section by providing a report or other information to the | 8 | | Board, by assisting in the investigation or preparation of a | 9 | | report or information, by participating in proceedings of the | 10 | | Board, or by serving as a member of the Board shall not, as a | 11 | | result of such actions, be subject to criminal prosecution or | 12 | | civil damages. Any person who reports a violation of this | 13 | | Section to the Department is protected under subsection (b) of | 14 | | Section 15 of the Whistleblower Act. | 15 | | (i) Members of the Board shall have no liability in any | 16 | | action based upon any disciplinary proceedings or other | 17 | | activity performed in good faith as a member of the Board be | 18 | | indemnified by the State for any actions occurring within the | 19 | | scope of services on the Board, done in good faith, and not | 20 | | willful and wanton in nature . The Attorney General shall defend | 21 | | all such actions unless he or she determines either that there | 22 | | would be a conflict of interest in such representation or that | 23 | | the actions complained of were not in good faith or were | 24 | | willful and wanton. | 25 | | If the Attorney General declines representation, the | 26 | | member shall have the right to employ counsel of his or her |
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| 1 | | choice, whose fees shall be provided by the State, after | 2 | | approval by the Attorney General, unless there is a | 3 | | determination by a court that the member's actions were not in | 4 | | good faith or were willful and wanton. | 5 | | The member must notify the Attorney General within 7 days | 6 | | of receipt of notice of the initiation of any action involving | 7 | | services of the Board. Failure to so notify the Attorney | 8 | | General shall constitute an absolute waiver of the right to a | 9 | | defense and indemnification. | 10 | | The Attorney General shall determine, within 7 days after | 11 | | receiving such notice, whether he or she will undertake to | 12 | | represent the member. | 13 | | (Source: P.A. 100-497, eff. 9-8-17.)
| 14 | | (225 ILCS 85/33) (from Ch. 111, par. 4153)
| 15 | | (Section scheduled to be repealed on January 1, 2020)
| 16 | | Sec. 33. The Secretary may, upon receipt of a
written | 17 | | communication from the Secretary of Human Services, the | 18 | | Director of Healthcare and Family Services (formerly Director | 19 | | of
Public Aid), or the Director of Public Health
that | 20 | | continuation of practice of a person
licensed or registered | 21 | | under this Act constitutes an immediate danger
to the public, | 22 | | immediately suspend the license of such
person without a | 23 | | hearing. In instances in which the Secretary immediately
| 24 | | suspends a license under this Act, a hearing
upon such person's | 25 | | license must be convened by the Board within 15 days
after such |
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| 1 | | suspension and completed without appreciable delay, such
| 2 | | hearing held to determine whether to recommend to the Secretary | 3 | | that
the person's license be revoked, suspended, placed on | 4 | | probationary
status or restored reinstated , or such person be | 5 | | subject to other disciplinary
action. In such hearing, the | 6 | | written communication and any other evidence
submitted | 7 | | therewith may be introduced as evidence against such person;
| 8 | | provided however, the person, or his counsel, shall have the | 9 | | opportunity
to discredit or impeach such evidence and submit | 10 | | evidence rebutting
same.
| 11 | | (Source: P.A. 100-497, eff. 9-8-17.)
| 12 | | (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 35.3.
The Department,
at its expense, shall preserve a | 15 | | record of all proceedings at the formal
hearing of any case | 16 | | involving the refusal to issue, renew or discipline
of a | 17 | | license. The notice of hearing, complaint and all other | 18 | | documents
in the nature of pleadings and written motions filed | 19 | | in the proceedings,
the transcript of testimony, the report of | 20 | | the Board or hearing officer, exhibits,
and orders of the | 21 | | Department shall be the record of such proceeding.
| 22 | | (Source: P.A. 85-796 .)
| 23 | | (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 35.5. The Department shall have power to subpoena
and | 2 | | bring before it any person in this State and to take testimony,
| 3 | | either orally or by deposition or both, with the same fees and | 4 | | mileage
and in the same manner as prescribed by law in judicial | 5 | | proceedings
in civil cases in circuit courts of this State. The | 6 | | Department may subpoena and compel the production of documents, | 7 | | papers, files, books, and records in connection with any | 8 | | hearing or investigation.
| 9 | | The Secretary, hearing officer, and any member of the | 10 | | Board, shall each have power to
administer oaths to witnesses | 11 | | at any hearing which the Department is
authorized to conduct | 12 | | under this Act, and any other oaths required
or authorized to | 13 | | be administered by the Department hereunder.
| 14 | | (Source: P.A. 100-497, eff. 9-8-17.)
| 15 | | (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
| 16 | | (Section scheduled to be repealed on January 1, 2020)
| 17 | | Sec. 35.9.
Whenever the Secretary Director is satisfied | 18 | | that substantial justice has
not been done in the revocation, | 19 | | suspension or refusal to issue or renew a
license or | 20 | | registration, the Secretary Director may order a rehearing by | 21 | | the same hearing
officer and Board.
| 22 | | (Source: P.A. 88-428 .)
| 23 | | (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
| 24 | | (Section scheduled to be repealed on January 1, 2020)
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| 1 | | Sec. 35.10. None of the disciplinary functions, powers and | 2 | | duties
enumerated in this Act shall be exercised by the | 3 | | Department except
upon the review
of the Board.
| 4 | | In all instances, under this Act, in which the Board has | 5 | | rendered a
recommendation to the Director with respect to a | 6 | | particular license
or certificate, the Director shall, in the | 7 | | event that he or she disagrees
with or takes action contrary to | 8 | | the recommendation of the Board, file
with the Board his or her | 9 | | specific written reasons
of disagreement with the Board.
| 10 | | (Source: P.A. 95-689, eff. 10-29-07 .)
| 11 | | (225 ILCS 85/35.21) | 12 | | (Section scheduled to be repealed on January 1, 2020) | 13 | | Sec. 35.21. Citations. | 14 | | (a) The Department may issue shall adopt rules to permit | 15 | | the issuance of citations to any licensee for any violation of | 16 | | this Act or the rules. The citation shall be issued to the | 17 | | licensee or other person alleged to have committed one or more | 18 | | violations and shall contain the licensee's or other person's | 19 | | name and address, the licensee's license number, if any, a | 20 | | brief factual statement, the Sections of this Act or the rules | 21 | | allegedly violated, and the penalty imposed, which shall not | 22 | | exceed $1,000. The citation must clearly state that if the | 23 | | cited person wishes to dispute the citation, he or she may | 24 | | request in writing, within 30 days after the citation is | 25 | | served, a hearing before the Department. If the cited person |
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| 1 | | does not request a hearing within 30 days after the citation is | 2 | | served, then the citation shall become a final, | 3 | | non-disciplinary order and any fine imposed is due and payable. | 4 | | If the cited person requests a hearing within 30 days after the | 5 | | citation is served, the Department shall afford the cited | 6 | | person a hearing conducted in the same manner as a hearing | 7 | | provided in this Act for any violation of this Act and shall | 8 | | determine whether the cited person committed the violation as | 9 | | charged and whether the fine as levied is warranted. If the | 10 | | violation is found, any fine shall constitute discipline and be | 11 | | due and payable within 30 days of the order of the Secretary. | 12 | | Failure to comply with any final order may subject the licensed | 13 | | person to further discipline or other action by the Department | 14 | | or a referral to the State's Attorney. | 15 | | (b) A citation must be issued within 6 months after the | 16 | | reporting of a violation that is the basis for the citation. | 17 | | (c) Service of a citation shall be made in person, | 18 | | electronically, or by mail to the licensee at the licensee's | 19 | | address of record or email address of record. | 20 | | (d) Nothing in this Section shall prohibit or limit the | 21 | | Department from taking further action pursuant to this Act and | 22 | | rules for additional, repeated, or continuing violations.
| 23 | | (e) The Department may adopt rules for the issuance of | 24 | | citations in accordance with this Section. | 25 | | (Source: P.A. 100-497, eff. 9-8-17.) |
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| 1 | | (225 ILCS 85/2.5 rep.) | 2 | | (225 ILCS 85/4.5 rep.) | 3 | | (225 ILCS 85/29 rep.) | 4 | | (225 ILCS 85/35.12 rep.) | 5 | | Section 15. The Pharmacy Practice Act is amended by | 6 | | repealing Sections 2.5, 4.5, 29, and 35.12.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law, except that Sections 10 and 15 take effect | 9 | | January 1, 2020.".
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