Illinois General Assembly - Full Text of SB4018
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Full Text of SB4018  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Sen. Emil Jones, III


5 ILCS 80/4.33
5 ILCS 80/4.38
225 ILCS 85/7.5
225 ILCS 85/9  from Ch. 111, par. 4129
225 ILCS 85/9.5
225 ILCS 85/16  from Ch. 111, par. 4136
225 ILCS 85/30  from Ch. 111, par. 4150
225 ILCS 85/35.7  from Ch. 111, par. 4155.7
225 ILCS 85/35.18  from Ch. 111, par. 4155.18
225 ILCS 85/35.21

    Amends the Regulatory Sunset Act. Provides that the Pharmacy Practice Act is repealed on January 1, 2028 (instead of January 1, 2023). Amends the Pharmacy Practice Act. Provides that the individual taxpayer identification number may be used as an unique identifying number in an application for an original license. Provides that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task except for final prescription verification except where a registered certified pharmacy technician verifies a prescription dispensed by another pharmacy technician using technology-assisted medication verification. Removes a provision that provides that additional licensure rules may provide for a reasonable annual fee, not to exceed $20, to fund the cost of recordkeeping. Provides that if a pharmacy temporary closes for more than 72 hours, it is the duty of the pharmacist in charge and the owner of such pharmacy to report to the Department of Financial and Professional Regulation within 72 hours of temporary closure. Removes a provision that provides that exhibits shall be certified without cost. Provides that the citation the Department may issue to any licensee for any violation of the Act or the rules shall not exceed $3,000 (instead of $1,000). Makes other changes. Section 5 and 99 take effect upon becoming law.

LRB102 24659 AMQ 33898 b





SB4018LRB102 24659 AMQ 33898 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.33 and 4.38 as follows:
6    (5 ILCS 80/4.33)
7    Sec. 4.33. Acts repealed on January 1, 2023. The following
8Acts are repealed on January 1, 2023:
9    The Dietitian Nutritionist Practice Act.
10    The Elevator Safety and Regulation Act.
11    The Fire Equipment Distributor and Employee Regulation Act
12of 2011.
13    The Funeral Directors and Embalmers Licensing Code.
14    The Naprapathic Practice Act.
15    The Pharmacy Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing and Practice Act.
18    The Wholesale Drug Distribution Licensing Act.
19(Source: P.A. 101-621, eff. 12-20-19.)
20    (5 ILCS 80/4.38)
21    Sec. 4.38. Acts repealed on January 1, 2028. The following
22Acts are repealed on January 1, 2028:



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1    The Acupuncture Practice Act.
2    The Clinical Social Work and Social Work Practice Act.
3    The Home Medical Equipment and Services Provider License
5    The Illinois Petroleum Education and Marketing Act.
6    The Illinois Speech-Language Pathology and Audiology
7Practice Act.
8    The Interpreter for the Deaf Licensure Act of 2007.
9    The Nurse Practice Act.
10    The Nursing Home Administrators Licensing and Disciplinary
12    The Pharmacy Practice Act.
13    The Physician Assistant Practice Act of 1987.
14    The Podiatric Medical Practice Act of 1987.
15(Source: P.A. 100-220, eff. 8-18-17; 100-375, eff. 8-25-17;
16100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff.
178-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17;
18100-530, eff. 9-22-17; 100-560, eff. 12-8-17.)
19    Section 10. The Pharmacy Practice Act is amended by
20changing Sections 7.5, 9, 9.5, 16, 30, 35.7, 35.18, and 35.21
21as follows:
22    (225 ILCS 85/7.5)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 7.5. Social Security Number, individual taxpayer



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1identification number, or unique identifying number on license
2application. In addition to any other information required to
3be contained in the application, every application for an
4original license under this Act shall include the applicant's
5Social Security Number, individual taxpayer identification
6number, or other unique identifying number deemed appropriate
7by the Department, which shall be retained in the agency's
8records pertaining to the license. As soon as practical, the
9Department shall assign a customer's identification number to
10each applicant for a license.
11    Every application for a renewal or restored license shall
12require the applicant's customer identification number.
13(Source: P.A. 97-400, eff. 1-1-12.)
14    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
15    (Section scheduled to be repealed on January 1, 2023)
16    Sec. 9. Licensure as registered pharmacy technician.
17    (a) Any person shall be entitled to licensure as a
18registered pharmacy technician who is of the age of 16 or over,
19has not engaged in conduct or behavior determined to be
20grounds for discipline under this Act, is attending or has
21graduated from an accredited high school or comparable school
22or educational institution or received a high school
23equivalency certificate, and has filed a written or electronic
24application for licensure on a form to be prescribed and
25furnished by the Department for that purpose. The Department



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1shall issue a license as a registered pharmacy technician to
2any applicant who has qualified as aforesaid, and such license
3shall be the sole authority required to assist licensed
4pharmacists in the practice of pharmacy, under the supervision
5of a licensed pharmacist. A registered pharmacy technician may
6be delegated to perform any task within the practice of
7pharmacy if specifically trained for that task, except for
8patient counseling, drug regimen review, or clinical conflict
9resolution, or final prescription verification except where a
10registered certified pharmacy technician verifies a
11prescription dispensed by another pharmacy technician using
12technology-assisted medication verification.
13    (b) Beginning on January 1, 2017, within 2 years after
14initial licensure as a registered pharmacy technician, the
15licensee must meet the requirements described in Section 9.5
16of this Act and become licensed as a registered certified
17pharmacy technician. If the licensee has not yet attained the
18age of 18, then upon the next renewal as a registered pharmacy
19technician, the licensee must meet the requirements described
20in Section 9.5 of this Act and become licensed as a registered
21certified pharmacy technician. This requirement does not apply
22to pharmacy technicians registered prior to January 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 as a registered pharmacy
5technician set forth in this Section excluding the requirement
6of certification prior to the second license renewal and pay
7the required registered pharmacy technician license fees. A
8student pharmacist may, under the supervision of a pharmacist,
9assist in the practice of pharmacy and perform any and all
10functions delegated to him or her by the pharmacist.
11    (d) Any person seeking licensure as a pharmacist who has
12graduated from a pharmacy program outside the United States
13must register as a pharmacy technician and shall be considered
14a "student pharmacist" and be entitled to use the title
15"student pharmacist" while completing the 1,200 clinical hours
16of training approved by the Board of Pharmacy described and
17for no more than 18 months after completion of these hours.
18These individuals are not required to become registered
19certified pharmacy technicians while completing their Board
20approved clinical training, but must become licensed as a
21pharmacist or become licensed as a registered certified
22pharmacy technician before the second pharmacy technician
23license renewal following completion of the Board approved
24clinical training.
25    (e) The Department shall not renew the registered pharmacy
26technician license of any person who has been licensed as a



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1registered pharmacy technician with the designation "student
2pharmacist" who: (1) has dropped out of or been expelled from
3an ACPE accredited college of pharmacy; (2) has failed to
4complete his or her 1,200 hours of Board approved clinical
5training within 24 months; or (3) has failed the pharmacist
6licensure examination 3 times. The Department shall require
7these individuals to meet the requirements of and become
8licensed as a registered certified pharmacy technician.
9    (f) The Department may take any action set forth in
10Section 30 of this Act with regard to a license pursuant to
11this Section.
12    (g) Any person who is enrolled in a non-traditional
13Pharm.D. program at an ACPE accredited college of pharmacy and
14is licensed as a registered pharmacist under the laws of
15another United States jurisdiction shall be permitted to
16engage in the program of practice experience required in the
17academic program by virtue of such license. Such person shall
18be exempt from the requirement of licensure as a registered
19pharmacy technician or registered certified pharmacy
20technician while engaged in the program of practice experience
21required in the academic program.
22    An applicant for licensure as a registered pharmacy
23technician may assist a pharmacist in the practice of pharmacy
24for a period of up to 60 days prior to the issuance of a
25license if the applicant has submitted the required fee and an
26application for licensure to the Department. The applicant



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1shall keep a copy of the submitted application on the premises
2where the applicant is assisting in the practice of pharmacy.
3The Department shall forward confirmation of receipt of the
4application with start and expiration dates of practice
5pending licensure.
6(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
7    (225 ILCS 85/9.5)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 9.5. Registered certified pharmacy technician.
10    (a) An individual licensed as a registered pharmacy
11technician under this Act may be licensed as a registered
12certified pharmacy technician, if he or she meets all of the
13following requirements:
14        (1) He or she has submitted a written application in
15    the form and manner prescribed by the Department.
16        (2) He or she has attained the age of 18.
17        (3) He or she is of good moral character, as
18    determined by the Department.
19        (4) Beginning on January 1, 2024, a new pharmacy
20    technician is required to have (i) graduated from a
21    pharmacy technician training program that meets the
22    requirements set forth in subsection (a) of Section 17.1
23    of this Act or (ii) obtained documentation from the
24    pharmacist-in-charge of the pharmacy where the applicant
25    is employed verifying that he or she has successfully



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1    completed a standardized nationally accredited education
2    and training program, and has successfully completed an
3    objective assessment mechanism prepared in accordance with
4    rules established by the Department.
5        (5) He or she has successfully passed an examination
6    accredited by the National Commission for Certifying
7    Agencies, as approved and required by the Board or by
8    rule.
9        (6) He or she has paid the required licensure fees.
10    (b) No pharmacist whose license has been denied, revoked,
11suspended, or restricted for disciplinary purposes may be
12eligible to be registered as a certified pharmacy technician
13unless authorized by order of the Department as a condition of
14restoration from revocation, suspension, or restriction.
15    (c) The Department may, by rule, establish any additional
16requirements for licensure under this Section.
17    (d) A person who is not a licensed registered pharmacy
18technician and meets the requirements of this Section may be
19licensed as a registered certified pharmacy technician without
20first being licensed as a registered pharmacy technician.
21    (e) As a condition for the renewal of a license as a
22registered certified pharmacy technician, the licensee shall
23provide evidence to the Department of completion of a total of
2420 hours of continuing pharmacy education during the 24 months
25preceding the expiration date of the certificate as
26established by rule. One hour of continuing pharmacy education



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1must be in the subject of pharmacy law. One hour of continuing
2pharmacy education must be in the subject of patient safety.
3The continuing education shall be approved by the
4Accreditation Council on Pharmacy Education.
5    The Department may establish by rule a means for the
6verification of completion of the continuing education
7required by this subsection (e). This verification may be
8accomplished through audits of records maintained by
9licensees, by requiring the filing of continuing education
10certificates with the Department or a qualified organization
11selected by the Department to maintain such records, or by
12other means established by the Department.
13    Rules developed under this subsection (e) may provide for
14a reasonable annual fee, not to exceed $20, to fund the cost of
15such recordkeeping. The Department may, by rule, further
16provide an orderly process for the restoration of a license
17that has not been renewed due to the failure to meet the
18continuing pharmacy education requirements of this subsection
19(e). The Department may waive the requirements of continuing
20pharmacy education, in whole or in part, in cases of extreme
21hardship as defined by rule of the Department. The waivers may
22be granted for not more than one of any 2 consecutive renewal
24(Source: P.A. 101-621, eff. 1-1-20; 102-643, eff. 8-27-21.)
25    (225 ILCS 85/16)  (from Ch. 111, par. 4136)



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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 16. The Department shall require and provide for the
3licensure of every pharmacy doing business in this State. Such
4licensure shall expire 30 days after the pharmacist in charge
5dies or is no longer employed by the pharmacy or after such
6pharmacist's license has been suspended or revoked.
7    In the event the pharmacist in charge dies or otherwise
8ceases to function in that capacity, or when the license of the
9pharmacist in charge has been suspended or revoked, the owner
10of the pharmacy shall be required to notify the Department, on
11forms provided by the Department, of the identity of the new
12pharmacist in charge.
13    It is the duty of every pharmacist in charge who ceases to
14function in that capacity to report to the Department within
1530 days of the date on which he ceased such functions for such
16pharmacy. It is the duty of every owner of a pharmacy licensed
17under this Act to report to the Department within 30 days of
18the date on which the pharmacist in charge died or ceased to
19function in that capacity and to specify a new pharmacist in
20charge. Failure to provide such notification to the Department
21shall be grounds for disciplinary action.
22    No license shall be issued to any pharmacy unless such
23pharmacy has a pharmacist in charge and each such pharmacy
24license shall indicate on the face thereof the pharmacist in
26    If a pharmacy temporary closes for more than 72 hours, it



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1is the duty of the pharmacist in charge and the owner of such
2pharmacy to report to the Department within 72 hours of
3temporary closure of a pharmacy. The closing pharmacy must
4post signage and provide notification to customers.
5(Source: P.A. 100-497, eff. 9-8-17.)
6    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 30. Refusal, revocation, suspension, or other
10    (a) The Department may refuse to issue or renew, or may
11revoke a license, or may suspend, place on probation, fine, or
12take any disciplinary or non-disciplinary action as the
13Department may deem proper, including fines not to exceed
14$10,000 for each violation, with regard to any licensee for
15any one or combination of the following causes:
16        1. Material misstatement in furnishing information to
17    the Department.
18        2. Violations of this Act, or the rules promulgated
19    hereunder.
20        3. Making any misrepresentation for the purpose of
21    obtaining licenses.
22        4. A pattern of conduct which demonstrates
23    incompetence or unfitness to practice.
24        5. Aiding or assisting another person in violating any
25    provision of this Act or rules.



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1        6. Failing, within 60 days, to respond to a written
2    request made by the Department for information.
3        7. Engaging in unprofessional, dishonorable, or
4    unethical conduct of a character likely to deceive,
5    defraud or harm the public as defined by rule.
6        8. Adverse action taken by another state or
7    jurisdiction against a license or other authorization to
8    practice as a pharmacy, pharmacist, registered certified
9    pharmacy technician, or registered pharmacy technician
10    that is the same or substantially equivalent to those set
11    forth in this Section, a certified copy of the record of
12    the action taken by the other state or jurisdiction being
13    prima facie evidence thereof.
14        9. Directly or indirectly giving to or receiving from
15    any person, firm, corporation, partnership, or association
16    any fee, commission, rebate or other form of compensation
17    for any professional services not actually or personally
18    rendered. Nothing in this item 9 affects any bona fide
19    independent contractor or employment arrangements among
20    health care professionals, health facilities, health care
21    providers, or other entities, except as otherwise
22    prohibited by law. Any employment arrangements may include
23    provisions for compensation, health insurance, pension, or
24    other employment benefits for the provision of services
25    within the scope of the licensee's practice under this
26    Act. Nothing in this item 9 shall be construed to require



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1    an employment arrangement to receive professional fees for
2    services rendered.
3        10. A finding by the Department that the licensee,
4    after having his license placed on probationary status has
5    violated the terms of probation.
6        11. Selling or engaging in the sale of drug samples
7    provided at no cost by drug manufacturers.
8        12. Physical illness, including but not limited to,
9    deterioration through the aging process, or loss of motor
10    skill which results in the inability to practice the
11    profession with reasonable judgment, skill or safety.
12        13. A finding that licensure or registration has been
13    applied for or obtained by fraudulent means.
14        14. Conviction by plea of guilty or nolo contendere,
15    finding of guilt, jury verdict, or entry of judgment or
16    sentencing, including, but not limited to, convictions,
17    preceding sentences of supervision, conditional discharge,
18    or first offender probation, under the laws of any
19    jurisdiction of the United States that is (i) a felony or
20    (ii) a misdemeanor, an essential element of which is
21    dishonesty, or that is directly related to the practice of
22    pharmacy, or involves controlled substances.
23        15. Habitual or excessive use or addiction to alcohol,
24    narcotics, stimulants or any other chemical agent or drug
25    which results in the inability to practice with reasonable
26    judgment, skill or safety.



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1        16. Willfully making or filing false records or
2    reports in the practice of pharmacy, including, but not
3    limited to false records to support claims against the
4    medical assistance program of the Department of Healthcare
5    and Family Services (formerly Department of Public Aid)
6    under the Public Aid Code.
7        17. Gross and willful overcharging for professional
8    services including filing false statements for collection
9    of fees for which services are not rendered, including,
10    but not limited to, filing false statements for collection
11    of monies for services not rendered from the medical
12    assistance program of the Department of Healthcare and
13    Family Services (formerly Department of Public Aid) under
14    the Public Aid Code.
15        18. Dispensing prescription drugs without receiving a
16    written or oral prescription in violation of law.
17        19. Upon a finding of a substantial discrepancy in a
18    Department audit of a prescription drug, including
19    controlled substances, as that term is defined in this Act
20    or in the Illinois Controlled Substances Act.
21        20. Physical or mental illness or any other impairment
22    or disability, including, without limitation: (A)
23    deterioration through the aging process or loss of motor
24    skills that results in the inability to practice with
25    reasonable judgment, skill or safety; or (B) mental
26    incompetence, as declared by a court of competent



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1    jurisdiction.
2        21. Violation of the Health Care Worker Self-Referral
3    Act.
4        22. Failing to sell or dispense any drug, medicine, or
5    poison in good faith. "Good faith", for the purposes of
6    this Section, has the meaning ascribed to it in subsection
7    (u) of Section 102 of the Illinois Controlled Substances
8    Act. "Good faith", as used in this item (22), shall not be
9    limited to the sale or dispensing of controlled
10    substances, but shall apply to all prescription drugs.
11        23. Interfering with the professional judgment of a
12    pharmacist by any licensee under this Act, or the
13    licensee's agents or employees.
14        24. Failing to report within 60 days to the Department
15    any adverse final action taken against a pharmacy,
16    pharmacist, registered pharmacy technician, or registered
17    certified pharmacy technician by another licensing
18    jurisdiction in any other state or any territory of the
19    United States or any foreign jurisdiction, any
20    governmental agency, any law enforcement agency, or any
21    court for acts or conduct similar to acts or conduct that
22    would constitute grounds for discipline as defined in this
23    Section.
24        25. Failing to comply with a subpoena issued in
25    accordance with Section 35.5 of this Act.
26        26. Disclosing protected health information in



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1    violation of any State or federal law.
2        27. Willfully failing to report an instance of
3    suspected abuse, neglect, financial exploitation, or
4    self-neglect of an eligible adult as defined in and
5    required by the Adult Protective Services Act.
6        28. Being named as an abuser in a verified report by
7    the Department on Aging under the Adult Protective
8    Services Act, and upon proof by clear and convincing
9    evidence that the licensee abused, neglected, or
10    financially exploited an eligible adult as defined in the
11    Adult Protective Services Act.
12        29. Using advertisements or making solicitations that
13    may jeopardize the health, safety, or welfare of patients,
14    including, but not be limited to, the use of
15    advertisements or solicitations that:
16            (A) are false, fraudulent, deceptive, or
17        misleading; or
18            (B) include any claim regarding a professional
19        service or product or the cost or price thereof that
20        cannot be substantiated by the licensee.
21        30. Requiring a pharmacist to participate in the use
22    or distribution of advertisements or in making
23    solicitations that may jeopardize the health, safety, or
24    welfare of patients.
25        31. Failing to provide a working environment for all
26    pharmacy personnel that protects the health, safety, and



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1    welfare of a patient, which includes, but is not limited
2    to, failing to:
3            (A) employ sufficient personnel to prevent
4        fatigue, distraction, or other conditions that
5        interfere with a pharmacist's ability to practice with
6        competency and safety or creates an environment that
7        jeopardizes patient care;
8            (B) provide appropriate opportunities for
9        uninterrupted rest periods and meal breaks;
10            (C) provide adequate time for a pharmacist to
11        complete professional duties and responsibilities,
12        including, but not limited to:
13                (i) drug utilization review;
14                (ii) immunization;
15                (iii) counseling;
16                (iv) verification of the accuracy of a
17            prescription; and
18                (v) all other duties and responsibilities of a
19            pharmacist as listed in the rules of the
20            Department.
21        32. Introducing or enforcing external factors, such as
22    productivity or production quotas or other programs
23    against pharmacists, student pharmacists or pharmacy
24    technicians, to the extent that they interfere with the
25    ability of those individuals to provide appropriate
26    professional services to the public.



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1        33. Providing an incentive for or inducing the
2    transfer of a prescription for a patient absent a
3    professional rationale.
4    (b) The Department may refuse to issue or may suspend the
5license of any person who fails to file a return, or to pay the
6tax, penalty or interest shown in a filed return, or to pay any
7final assessment of tax, penalty or interest, as required by
8any tax Act administered by the Illinois Department of
9Revenue, until such time as the requirements of any such tax
10Act are satisfied.
11    (c) The Department shall revoke any license issued under
12the provisions of this Act or any prior Act of this State of
13any person who has been convicted a second time of committing
14any felony under the Illinois Controlled Substances Act, or
15who has been convicted a second time of committing a Class 1
16felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
17Code. A person whose license issued under the provisions of
18this Act or any prior Act of this State is revoked under this
19subsection (c) shall be prohibited from engaging in the
20practice of pharmacy in this State.
21    (d) Fines may be imposed in conjunction with other forms
22of disciplinary action, but shall not be the exclusive
23disposition of any disciplinary action arising out of conduct
24resulting in death or injury to a patient. Fines shall be paid
25within 60 days or as otherwise agreed to by the Department. Any
26funds collected from such fines shall be deposited in the



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1Illinois State Pharmacy Disciplinary Fund.
2    (e) The entry of an order or judgment by any circuit court
3establishing that any person holding a license or certificate
4under this Act is a person in need of mental treatment operates
5as a suspension of that license. A licensee may resume his or
6her practice only upon the entry of an order of the Department
7based upon a finding by the Board that he or she has been
8determined to be recovered from mental illness by the court
9and upon the Board's recommendation that the licensee be
10permitted to resume his or her practice.
11    (f) The Department shall issue quarterly to the Board a
12status of all complaints related to the profession received by
13the Department.
14    (g) In enforcing this Section, the Board or the
15Department, upon a showing of a possible violation, may compel
16any licensee or applicant for licensure under this Act to
17submit to a mental or physical examination or both, as
18required by and at the expense of the Department. The
19examining physician, or multidisciplinary team involved in
20providing physical and mental examinations led by a physician
21consisting of one or a combination of licensed physicians,
22licensed clinical psychologists, licensed clinical social
23workers, licensed clinical professional counselors, and other
24professional and administrative staff, shall be those
25specifically designated by the Department. The Board or the
26Department may order the examining physician or any member of



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1the multidisciplinary team to present testimony concerning
2this mental or physical examination of the licensee or
3applicant. No information, report, or other documents in any
4way related to the examination shall be excluded by reason of
5any common law or statutory privilege relating to
6communication between the licensee or applicant and the
7examining physician or any member of the multidisciplinary
8team. The individual to be examined may have, at his or her own
9expense, another physician of his or her choice present during
10all aspects of the examination. Failure of any individual to
11submit to a mental or physical examination when directed shall
12result in the automatic suspension of his or her license until
13such time as the individual submits to the examination. If the
14Board or Department finds a pharmacist, registered certified
15pharmacy technician, or registered pharmacy technician unable
16to practice because of the reasons set forth in this Section,
17the Board or Department shall require such pharmacist,
18registered certified pharmacy technician, or registered
19pharmacy technician to submit to care, counseling, or
20treatment by physicians or other appropriate health care
21providers approved or designated by the Department as a
22condition for continued, restored, or renewed licensure to
23practice. Any pharmacist, registered certified pharmacy
24technician, or registered pharmacy technician whose license
25was granted, continued, restored, renewed, disciplined, or
26supervised, subject to such terms, conditions, or



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1restrictions, and who fails to comply with such terms,
2conditions, or restrictions or to complete a required program
3of care, counseling, or treatment, as determined by the chief
4pharmacy coordinator, shall be referred to the Secretary for a
5determination as to whether the licensee shall have his or her
6license suspended immediately, pending a hearing by the Board.
7In instances in which the Secretary immediately suspends a
8license under this subsection (g), a hearing upon such
9person's license must be convened by the Board within 15 days
10after such suspension and completed without appreciable delay.
11The Department and Board shall have the authority to review
12the subject pharmacist's, registered certified pharmacy
13technician's, or registered pharmacy technician's record of
14treatment and counseling regarding the impairment.
15    (h) An individual or organization acting in good faith,
16and not in a willful and wanton manner, in complying with this
17Section by providing a report or other information to the
18Board, by assisting in the investigation or preparation of a
19report or information, by participating in proceedings of the
20Board, or by serving as a member of the Board shall not, as a
21result of such actions, be subject to criminal prosecution or
22civil damages. Any person who reports a violation of this
23Section to the Department is protected under subsection (b) of
24Section 15 of the Whistleblower Act.
25    (i) Members of the Board shall have no liability in any
26action based upon any disciplinary proceedings or other



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1activity performed in good faith as a member of the Board. The
2Attorney General shall defend all such actions unless he or
3she determines either that there would be a conflict of
4interest in such representation or that the actions complained
5of were not in good faith or were willful and wanton.
6    If the Attorney General declines representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were willful and wanton.
12    The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Board. Failure to so notify the Attorney
15General shall constitute an absolute waiver of the right to a
16defense and indemnification.
17    The Attorney General shall determine, within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
21    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)
22    (Section scheduled to be repealed on January 1, 2023)
23    Sec. 35.7. Notwithstanding the provisions of Section 35.6
24of this Act, the Secretary shall have the authority to appoint
25any attorney duly licensed to practice law in the State of



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1Illinois to serve as the hearing officer in any action before
2the Board for refusal to issue, renew, or discipline of a
3license. The hearing officer shall have full authority to
4conduct the hearing. There may be present one or more members
5of the Board at any such hearing. The hearing officer shall
6report his findings of fact, conclusions of law and
7recommendations to the Board and the Secretary. The Board
8shall have 60 days from receipt of the report to review the
9report of the hearing officer and present their findings of
10fact, conclusions of law, and recommendations to the
11Secretary. If the Board fails to present its report within the
1260-day period, the respondent or the Department may request in
13writing a direct appeal to the Secretary, in which case the
14Secretary may issue an order based upon the report of the
15hearing officer and the record of the proceedings or issue an
16order remanding the matter back to the hearing officer for
17additional proceedings in accordance with the order.
18Notwithstanding any other provision of this Section, if the
19Secretary, upon review, determines that substantial justice
20has not been done in the revocation, suspension, or refusal to
21issue or renew a license or other disciplinary action taken as
22the result of the entry of the hearing officer's report, the
23Secretary may order a rehearing by the same or other
24examiners. If the Secretary disagrees with the recommendation
25of the Board or the hearing officer, the Secretary may issue an
26order in contravention of the recommendation.



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1(Source: P.A. 100-497, eff. 9-8-17.)
2    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)
3    (Section scheduled to be repealed on January 1, 2023)
4    Sec. 35.18. Certification of record. The Department shall
5not be required to certify any record to the court, to file an
6answer in court, or to otherwise appear in any court in a
7judicial review proceeding unless and until the Department has
8received from the plaintiff payment of the costs of furnishing
9and certifying the record, which costs shall be determined by
10the Department. Exhibits shall be certified without cost.
11Failure on the part of the plaintiff to file a receipt in court
12shall be grounds for dismissal of the action. During the
13pendency and hearing of any and all judicial proceedings
14incident to the disciplinary action the sanctions imposed upon
15the accused by the Department because of acts or omissions
16related to the delivery of direct patient care as specified in
17the Department's final administrative decision, shall, as a
18matter of public policy, remain in full force and effect in
19order to protect the public pending final resolution of any of
20the proceedings.
21(Source: P.A. 100-497, eff. 9-8-17.)
22    (225 ILCS 85/35.21)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 35.21. Citations.



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1    (a) The Department may issue citations to any licensee for
2any violation of this Act or the rules. The citation shall be
3issued to the licensee or other person alleged to have
4committed one or more violations and shall contain the
5licensee's or other person's name and address, the licensee's
6license number, if any, a brief factual statement, the
7Sections of this Act or the rules allegedly violated, and the
8penalty imposed, which shall not exceed $3,000 $1,000. The
9citation must clearly state that if the cited person wishes to
10dispute the citation, he or she may request in writing, within
1130 days after the citation is served, a hearing before the
12Department. If the cited person does not request a hearing
13within 30 days after the citation is served, then the citation
14shall become a final, non-disciplinary order and any fine
15imposed is due and payable. If the cited person requests a
16hearing within 30 days after the citation is served, the
17Department shall afford the cited person a hearing conducted
18in the same manner as a hearing provided in this Act for any
19violation of this Act and shall determine whether the cited
20person committed the violation as charged and whether the fine
21as levied is warranted. If the violation is found, any fine
22shall constitute discipline and be due and payable within 30
23days of the order of the Secretary. Failure to comply with any
24final order may subject the licensed person to further
25discipline or other action by the Department or a referral to
26the State's Attorney.



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1    (b) A citation must be issued within 6 months after the
2reporting of a violation that is the basis for the citation.
3    (c) Service of a citation shall be made in person,
4electronically, or by mail to the licensee at the licensee's
5address of record or email address of record.
6    (d) Nothing in this Section shall prohibit or limit the
7Department from taking further action pursuant to this Act and
8rules for additional, repeated, or continuing violations.
9    (e) The Department may adopt rules for the issuance of
10citations in accordance with this Section.
11(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
12    Section 99. Effective date. This Section 5 and Section 99
13take effect upon becoming law.