Sen. Omar Aquino

Filed: 3/29/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 659 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Section 4.30 and by adding Section 4.40 as follows:
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Orthotics, Prosthetics, and Pedorthics Practice Act.
16    The Perfusionist Practice Act.



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1    The Pharmacy Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
6100-863, eff. 8-14-18.)
7    (5 ILCS 80/4.40 new)
8    Sec. 4.40. Act repealed on January 1, 2030. The following
9Act is repealed on January 1, 2030:
10    The Pharmacy Practice Act.
11    Section 10. The Pharmacy Practice Act is amended by
12changing Sections 30, 33, 35.3, 35.5, 35.9, 35.10 and 35.21 as
14    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 30. Refusal, revocation, suspension, or other
18    (a) The Department may refuse to issue or renew, or may
19revoke a license, or may suspend, place on probation, fine, or
20take any disciplinary or non-disciplinary action as the
21Department may deem proper, including fines not to exceed
22$10,000 for each violation, with regard to any licensee for any
23one or combination of the following causes:



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1        1. Material misstatement in furnishing information to
2    the Department.
3        2. Violations of this Act, or the rules promulgated
4    hereunder.
5        3. Making any misrepresentation for the purpose of
6    obtaining licenses.
7        4. A pattern of conduct which demonstrates
8    incompetence or unfitness to practice.
9        5. Aiding or assisting another person in violating any
10    provision of this Act or rules.
11        6. Failing, within 60 days, to respond to a written
12    request made by the Department for information.
13        7. Engaging in unprofessional, dishonorable, or
14    unethical conduct of a character likely to deceive, defraud
15    or harm the public.
16        8. Adverse action taken by another state or
17    jurisdiction against a license or other authorization to
18    practice as a pharmacy, pharmacist, registered certified
19    pharmacy technician, or registered pharmacy technician
20    that is the same or substantially equivalent to those set
21    forth in this Section, a certified copy of the record of
22    the action taken by the other state or jurisdiction being
23    prima facie evidence thereof.
24        9. Directly or indirectly giving to or receiving from
25    any person, firm, corporation, partnership, or association
26    any fee, commission, rebate or other form of compensation



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1    for any professional services not actually or personally
2    rendered. Nothing in this item 9 affects any bona fide
3    independent contractor or employment arrangements among
4    health care professionals, health facilities, health care
5    providers, or other entities, except as otherwise
6    prohibited by law. Any employment arrangements may include
7    provisions for compensation, health insurance, pension, or
8    other employment benefits for the provision of services
9    within the scope of the licensee's practice under this Act.
10    Nothing in this item 9 shall be construed to require an
11    employment arrangement to receive professional fees for
12    services rendered.
13        10. A finding by the Department that the licensee,
14    after having his license placed on probationary status has
15    violated the terms of probation.
16        11. Selling or engaging in the sale of drug samples
17    provided at no cost by drug manufacturers.
18        12. Physical illness, including but not limited to,
19    deterioration through the aging process, or loss of motor
20    skill which results in the inability to practice the
21    profession with reasonable judgment, skill or safety.
22        13. A finding that licensure or registration has been
23    applied for or obtained by fraudulent means.
24        14. Conviction by plea of guilty or nolo contendere,
25    finding of guilt, jury verdict, or entry of judgment or
26    sentencing, including, but not limited to, convictions,



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1    preceding sentences of supervision, conditional discharge,
2    or first offender probation, under the laws of any
3    jurisdiction of the United States that is (i) a felony or
4    (ii) a misdemeanor, an essential element of which is
5    dishonesty, or that is directly related to the practice of
6    pharmacy.
7        15. Habitual or excessive use or addiction to alcohol,
8    narcotics, stimulants or any other chemical agent or drug
9    which results in the inability to practice with reasonable
10    judgment, skill or safety.
11        16. Willfully making or filing false records or reports
12    in the practice of pharmacy, including, but not limited to
13    false records to support claims against the medical
14    assistance program of the Department of Healthcare and
15    Family Services (formerly Department of Public Aid) under
16    the Public Aid Code.
17        17. Gross and willful overcharging for professional
18    services including filing false statements for collection
19    of fees for which services are not rendered, including, but
20    not limited to, filing false statements for collection of
21    monies for services not rendered from the medical
22    assistance program of the Department of Healthcare and
23    Family Services (formerly Department of Public Aid) under
24    the Public Aid Code.
25        18. Dispensing prescription drugs without receiving a
26    written or oral prescription in violation of law.



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1        19. Upon a finding of a substantial discrepancy in a
2    Department audit of a prescription drug, including
3    controlled substances, as that term is defined in this Act
4    or in the Illinois Controlled Substances Act.
5        20. Physical or mental illness or any other impairment
6    or disability, including, without limitation: (A)
7    deterioration through the aging process or loss of motor
8    skills that results in the inability to practice with
9    reasonable judgment, skill or safety; or (B) mental
10    incompetence, as declared by a court of competent
11    jurisdiction.
12        21. Violation of the Health Care Worker Self-Referral
13    Act.
14        22. Failing to sell or dispense any drug, medicine, or
15    poison in good faith. "Good faith", for the purposes of
16    this Section, has the meaning ascribed to it in subsection
17    (u) of Section 102 of the Illinois Controlled Substances
18    Act. "Good faith", as used in this item (22), shall not be
19    limited to the sale or dispensing of controlled substances,
20    but shall apply to all prescription drugs.
21        23. Interfering with the professional judgment of a
22    pharmacist by any licensee under this Act, or the
23    licensee's agents or employees.
24        24. Failing to report within 60 days to the Department
25    any adverse final action taken against a pharmacy,
26    pharmacist, registered pharmacy technician, or registered



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1    certified pharmacy technician by another licensing
2    jurisdiction in any other state or any territory of the
3    United States or any foreign jurisdiction, any
4    governmental agency, any law enforcement agency, or any
5    court for acts or conduct similar to acts or conduct that
6    would constitute grounds for discipline as defined in this
7    Section.
8        25. Failing to comply with a subpoena issued in
9    accordance with Section 35.5 of this Act.
10        26. Disclosing protected health information in
11    violation of any State or federal law.
12        27. Willfully failing to report an instance of
13    suspected abuse, neglect, financial exploitation, or
14    self-neglect of an eligible adult as defined in and
15    required by the Adult Protective Services Act.
16        28. Being named as an abuser in a verified report by
17    the Department on Aging under the Adult Protective Services
18    Act, and upon proof by clear and convincing evidence that
19    the licensee abused, neglected, or financially exploited
20    an eligible adult as defined in the Adult Protective
21    Services Act.
22    (b) The Department may refuse to issue or may suspend the
23license of any person who fails to file a return, or to pay the
24tax, penalty or interest shown in a filed return, or to pay any
25final assessment of tax, penalty or interest, as required by
26any tax Act administered by the Illinois Department of Revenue,



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



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



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1or her choice present during all aspects of the examination.
2Failure of any individual to submit to a mental or physical
3examination when directed shall result in the automatic
4suspension of his or her license until such time as the
5individual submits to the examination. If the Board or
6Department finds a pharmacist, registered certified pharmacy
7technician, or registered pharmacy technician unable to
8practice because of the reasons set forth in this Section, the
9Board or Department shall require such pharmacist, registered
10certified pharmacy technician, or registered pharmacy
11technician to submit to care, counseling, or treatment by
12physicians or other appropriate health care providers approved
13or designated by the Department as a condition for continued,
14restored reinstated, or renewed licensure to practice. Any
15pharmacist, registered certified pharmacy technician, or
16registered pharmacy technician whose license was granted,
17continued, restored reinstated, renewed, disciplined, or
18supervised, subject to such terms, conditions, or
19restrictions, and who fails to comply with such terms,
20conditions, or restrictions or to complete a required program
21of care, counseling, or treatment, as determined by the chief
22pharmacy coordinator, shall be referred to the Secretary for a
23determination as to whether the licensee shall have his or her
24license suspended immediately, pending a hearing by the Board.
25In instances in which the Secretary immediately suspends a
26license under this subsection (g), a hearing upon such person's



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1license must be convened by the Board within 15 days after such
2suspension and completed without appreciable delay. The
3Department and Board shall have the authority to review the
4subject pharmacist's, registered certified pharmacy
5technician's, or registered pharmacy technician's record of
6treatment and counseling regarding the impairment.
7    (h) An individual or organization acting in good faith, and
8not in a willful and wanton manner, in complying with this
9Section by providing a report or other information to the
10Board, by assisting in the investigation or preparation of a
11report or information, by participating in proceedings of the
12Board, or by serving as a member of the Board shall not, as a
13result of such actions, be subject to criminal prosecution or
14civil damages.
15    (i) Members of the Board shall have no liability in any
16action based upon any disciplinary proceedings or other
17activity performed in good faith as a member of the Board be
18indemnified by the State for any actions occurring within the
19scope of services on the Board, done in good faith, and not
20willful and wanton in nature. The Attorney General shall defend
21all such actions unless he or she determines either that there
22would be a conflict of interest in such representation or that
23the actions complained of were not in good faith or were
24willful and wanton.
25    If the Attorney General declines representation, the
26member shall have the right to employ counsel of his or her



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1choice, whose fees shall be provided by the State, after
2approval by the Attorney General, unless there is a
3determination by a court that the member's actions were not in
4good faith or were willful and wanton.
5    The member must notify the Attorney General within 7 days
6of receipt of notice of the initiation of any action involving
7services of the Board. Failure to so notify the Attorney
8General shall constitute an absolute waiver of the right to a
9defense and indemnification.
10    The Attorney General shall determine, within 7 days after
11receiving such notice, whether he or she will undertake to
12represent 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
17communication from the Secretary of Human Services, the
18Director of Healthcare and Family Services (formerly Director
19of Public Aid), or the Director of Public Health that
20continuation of practice of a person licensed or registered
21under this Act constitutes an immediate danger to the public,
22immediately suspend the license of such person without a
23hearing. In instances in which the Secretary immediately
24suspends a license 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
3that the person's license be revoked, suspended, placed on
4probationary status or restored 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. 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
15record of all proceedings at the formal hearing of any case
16involving the refusal to issue, renew or discipline of a
17license. The notice of hearing, complaint and all other
18documents in the nature of pleadings and written motions filed
19in the proceedings, the transcript of testimony, the report of
20the Board or hearing officer, exhibits, and orders of the
21Department 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
2bring before it any person in this State and to take testimony,
3either orally or by deposition or both, with the same fees and
4mileage and in the same manner as prescribed by law in judicial
5proceedings in civil cases in circuit courts of this State. The
6Department may subpoena and compel the production of documents,
7papers, files, books, and records in connection with any
8hearing or investigation.
9    The Secretary, hearing officer, and any member of the
10Board, shall each have power to administer oaths to witnesses
11at any hearing which the Department is authorized to conduct
12under this Act, and any other oaths required or authorized to
13be 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
18that substantial justice has not been done in the revocation,
19suspension or refusal to issue or renew a license or
20registration, the Secretary Director may order a rehearing by
21the 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
2duties enumerated in this Act shall be exercised by the
3Department except upon the review of the Board.
4    In all instances, under this Act, in which the Board has
5rendered a recommendation to the Director with respect to a
6particular license or certificate, the Director shall, in the
7event that he or she disagrees with or takes action contrary to
8the recommendation of the Board, file with the Board his or her
9specific 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 shall adopt rules to permit the
15issuance of citations to any licensee for any violation of this
16Act or the rules. The citation shall be issued to the licensee
17or other person alleged to have committed one or more
18violations and shall contain the licensee's or other person's
19name and address, the licensee's license number, if any, a
20brief factual statement, the Sections of this Act or the rules
21allegedly violated, and the penalty imposed, which shall not
22exceed $1,000. The citation must clearly state that if the
23cited person wishes to dispute the citation, he or she may
24request in writing, within 30 days after the citation is
25served, a hearing before the Department. If the cited person



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1does not request a hearing within 30 days after the citation is
2served, then the citation shall become a final,
3non-disciplinary order and any fine imposed is due and payable.
4If the cited person requests a hearing within 30 days after the
5citation is served, the Department shall afford the cited
6person a hearing conducted in the same manner as a hearing
7provided in this Act for any violation of this Act and shall
8determine whether the cited person committed the violation as
9charged and whether the fine as levied is warranted. If the
10violation is found, any fine shall constitute discipline and be
11due and payable within 30 days of the order of the Secretary.
12Failure to comply with any final order may subject the licensed
13person to further discipline or other action by the Department
14or a referral to the State's Attorney.
15    (b) A citation must be issued within 6 months after the
16reporting of a violation that is the basis for the citation.
17    (c) Service of a citation shall be made in person,
18electronically, or by mail to the licensee at the licensee's
19address of record or email address of record.
20    (d) Nothing in this Section shall prohibit or limit the
21Department from taking further action pursuant to this Act and
22rules for additional, repeated, or continuing violations.
23(Source: P.A. 100-497, eff. 9-8-17.)
24    (225 ILCS 85/2.5 rep.)
25    (225 ILCS 85/29 rep.)



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1    (225 ILCS 85/35.12 rep.)
2    Section 15. The Pharmacy Practice Act is amended by
3repealing Sections 2.5, 29, and 35.12.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".