Full Text of SB4018 102nd General Assembly
SB4018enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing 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 Acts repealed on January 1,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 | 8 | | Acts 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repealed on January 1, 2023: | 9 | | The Dietitian Nutritionist Practice Act.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 | 12 | | of 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 | 17 | | Counselor
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 Acts repealed on January 1, 2028. The following | 22 | | Acts are repealed on January 1, 2028: |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 | 4 | | Act. | 5 | | The Illinois Petroleum Education and Marketing Act. | 6 | | The Illinois Speech-Language Pathology and Audiology | 7 | | Practice Act. | 8 | | The Interpreter for the Deaf Licensure Act of 2007. | 9 | | The Nurse Practice Act. | 10 | | The Nursing Home Administrators Licensing and Disciplinary | 11 | | Act. | 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; | 16 | | 100-398, eff. 8-25-17; 100-414, eff. 8-25-17; 100-453, eff. | 17 | | 8-25-17; 100-513, eff. 9-20-17; 100-525, eff. 9-22-17; | 18 | | 100-530, eff. 9-22-17; 100-560, eff. 12-8-17.) | 19 | | Section 10. The Pharmacy Practice Act is amended by | 20 | | changing Sections 7.5, 9, 9.5, 16, 25.10, 30, 35.7, 35.18, and | 21 | | 35.21 as 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| 23 | | (Section scheduled to be repealed on January 1, 2023)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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| 1 | | identification number, or unique identifying number on license | 2 | | application. In addition
to any other information required to | 3 | | be contained in the application, every
application for an | 4 | | original license under this Act shall
include the applicant's | 5 | | Social Security Number , individual taxpayer identification | 6 | | number, or other unique identifying number deemed appropriate | 7 | | by the Department, which shall be retained in the agency's | 8 | | records pertaining to the license. As soon as practical, the | 9 | | Department shall assign a customer's identification number to | 10 | | each applicant for a license. | 11 | | Every application for a renewal or restored license shall | 12 | | require 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 | 18 | | registered pharmacy technician who is of the age of 16
or over, | 19 | | has not engaged in conduct or behavior determined to be | 20 | | grounds for
discipline under this Act, is attending or has
| 21 | | graduated from an accredited high school or comparable school | 22 | | or educational
institution or received a high school | 23 | | equivalency certificate, and has filed a written or electronic | 24 | | application for licensure on a form
to be prescribed and | 25 | | furnished by the Department for that purpose. The
Department |
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| 1 | | shall issue a license as a registered pharmacy technician to | 2 | | any applicant who has
qualified as aforesaid, and such license | 3 | | shall be the sole authority
required to assist licensed | 4 | | pharmacists in the practice of pharmacy, under
the supervision | 5 | | of a licensed pharmacist. A registered pharmacy technician may | 6 | | be delegated to perform any task within the practice of | 7 | | pharmacy if specifically trained for that task, except for | 8 | | patient counseling, drug regimen review, or clinical conflict | 9 | | resolution , or final prescription verification except where a | 10 | | registered certified pharmacy technician verifies a | 11 | | prescription dispensed by another pharmacy technician using | 12 | | technology-assisted medication verification . | 13 | | (b) Beginning on January 1, 2017, within 2 years after | 14 | | initial licensure as a registered pharmacy technician, the | 15 | | licensee must meet the requirements described in Section 9.5 | 16 | | of this Act and become licensed as a registered certified | 17 | | pharmacy technician. If the licensee has not yet attained the | 18 | | age of 18, then upon the next renewal as a registered pharmacy | 19 | | technician, the licensee must meet the requirements described | 20 | | in Section 9.5 of this Act and become licensed as a registered | 21 | | certified pharmacy technician. This requirement does not apply | 22 | | to pharmacy technicians registered prior to January 1, 2008.
| 23 | | (c) Any person registered
as a pharmacy technician who is | 24 | | also enrolled in a first professional
degree program in | 25 | | pharmacy in a school or college of pharmacy or a
department of | 26 | | pharmacy of a university approved by the Department or has |
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| 1 | | graduated from such a program within the last 18 months, shall | 2 | | be
considered a "student pharmacist"
and entitled to use the | 3 | | title "student pharmacist". A student pharmacist must meet all | 4 | | of the requirements for licensure as a registered pharmacy | 5 | | technician set forth in this Section excluding the requirement | 6 | | of certification prior to the second license renewal and pay | 7 | | the required registered pharmacy technician license fees. A | 8 | | student pharmacist may, under the supervision of a pharmacist, | 9 | | assist in the practice of pharmacy and perform any and all | 10 | | functions delegated to him or her by the pharmacist. | 11 | | (d) Any person seeking licensure as a pharmacist who has | 12 | | graduated from a pharmacy program outside the United States | 13 | | must register as a pharmacy technician and shall be considered | 14 | | a "student pharmacist" and be entitled to use the title | 15 | | "student pharmacist" while completing the 1,200 clinical hours | 16 | | of training approved by the Board of Pharmacy described and | 17 | | for no more than 18 months after completion of these hours. | 18 | | These individuals are not required to become registered | 19 | | certified pharmacy technicians while completing their Board | 20 | | approved clinical training, but must become licensed as a | 21 | | pharmacist or become licensed as a registered certified | 22 | | pharmacy technician before the second pharmacy technician | 23 | | license renewal following completion of the Board approved | 24 | | clinical training. | 25 | | (e) The Department shall not renew the registered pharmacy | 26 | | technician license of any person who has been licensed as a |
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| 1 | | registered pharmacy technician with the designation "student | 2 | | pharmacist" who: (1) has dropped out of or been expelled from | 3 | | an ACPE accredited college of pharmacy; (2) has failed to | 4 | | complete his or her 1,200 hours of Board approved clinical | 5 | | training within 24 months; or (3) has failed the pharmacist | 6 | | licensure examination 3 times. The Department shall require | 7 | | these individuals to meet the requirements of and become | 8 | | licensed as a registered certified pharmacy technician. | 9 | | (f) The Department may
take any action set forth in | 10 | | Section 30 of this Act with regard to a license
pursuant to | 11 | | this Section.
| 12 | | (g) Any person who is enrolled in a non-traditional | 13 | | Pharm.D.
program at an ACPE accredited college of pharmacy and | 14 | | is licensed as a registered pharmacist
under the laws of | 15 | | another United States jurisdiction shall be permitted to
| 16 | | engage in the program of practice experience required in the | 17 | | academic program
by virtue of such license. Such person shall | 18 | | be exempt from the requirement
of licensure as a registered | 19 | | pharmacy technician or registered certified pharmacy | 20 | | technician while engaged in the
program of practice experience | 21 | | required in the academic program.
| 22 | | An applicant for licensure as a registered pharmacy | 23 | | technician may assist a
pharmacist in the practice of pharmacy | 24 | | for a period of up to
60 days prior to the issuance of a | 25 | | license if the
applicant has submitted the required fee and an | 26 | | application for licensure
to the Department. The applicant |
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| 1 | | shall keep a copy of the submitted
application on the premises | 2 | | where the applicant is assisting in the
practice of pharmacy. | 3 | | The Department shall forward confirmation of receipt of the | 4 | | application with start and expiration dates of practice | 5 | | pending 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 | 11 | | technician under this Act may be licensed as a registered | 12 | | certified pharmacy technician, if he or she meets all of the | 13 | | following 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, | 11 | | suspended, or restricted for disciplinary purposes may be | 12 | | eligible to be registered as a certified pharmacy technician | 13 | | unless authorized by order of the Department as a condition of | 14 | | restoration from revocation, suspension, or restriction. | 15 | | (c) The Department may, by rule, establish any additional | 16 | | requirements for licensure under this Section.
| 17 | | (d) A person who is not a licensed registered pharmacy | 18 | | technician and meets the requirements of this Section may be | 19 | | licensed as a registered certified pharmacy technician without | 20 | | first being licensed as a registered pharmacy technician. | 21 | | (e) As a condition for the renewal of a license as a | 22 | | registered certified pharmacy technician, the licensee shall | 23 | | provide evidence to the Department of completion of a total of | 24 | | 20 hours of continuing pharmacy education during the 24 months | 25 | | preceding the expiration date of the certificate as | 26 | | established by rule. One hour of continuing pharmacy education |
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| 1 | | must be in the subject of pharmacy law. One hour of continuing | 2 | | pharmacy education must be in the subject of patient safety. | 3 | | The continuing education shall be approved by the | 4 | | Accreditation Council on Pharmacy Education. | 5 | | The Department may establish by rule a means for the | 6 | | verification of completion of the continuing education | 7 | | required by this subsection (e). This verification may be | 8 | | accomplished through audits of records maintained by | 9 | | licensees, by requiring the filing of continuing education | 10 | | certificates with the Department or a qualified organization | 11 | | selected by the Department to maintain such records, or by | 12 | | other means established by the Department. | 13 | | Rules developed under this subsection (e) may provide for | 14 | | a reasonable annual fee, not to exceed $20, to fund the cost of | 15 | | such recordkeeping. The Department may, by rule, further | 16 | | provide an orderly process for the restoration of a license | 17 | | that has not been renewed due to the failure to meet the | 18 | | continuing pharmacy education requirements of this subsection | 19 | | (e). The Department may waive the requirements of continuing | 20 | | pharmacy education, in whole or in part, in cases of extreme | 21 | | hardship as defined by rule of the Department. The waivers may | 22 | | be granted for not more than one of any 2 consecutive renewal | 23 | | periods. | 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 | 3 | | licensure of every pharmacy doing business in this
State. Such | 4 | | licensure shall expire 30
days after the pharmacist in
charge | 5 | | dies or is no longer employed by the pharmacy or after
such | 6 | | pharmacist's license has been suspended or revoked.
| 7 | | In the event the pharmacist in charge dies or otherwise
| 8 | | ceases to function in that capacity, or when the license of the | 9 | | pharmacist
in charge has been suspended or revoked, the owner | 10 | | of the pharmacy
shall be required to notify the Department, on | 11 | | forms provided by the
Department, of the identity of the new | 12 | | pharmacist in charge.
| 13 | | It is the duty of every pharmacist in charge who ceases to | 14 | | function
in that capacity to report to the Department within | 15 | | 30
days of the
date on which he ceased such functions for such | 16 | | pharmacy. It is the
duty of every owner of a pharmacy licensed | 17 | | under this Act to report
to the Department within 30
days of | 18 | | the date on which the pharmacist
in charge died or ceased to | 19 | | function in that capacity and to specify a new pharmacist in | 20 | | charge. Failure to
provide such notification to the Department | 21 | | shall be grounds for disciplinary
action.
| 22 | | No license shall be issued to any pharmacy unless such | 23 | | pharmacy has
a pharmacist in charge and each such pharmacy | 24 | | license shall indicate
on the face thereof the pharmacist in | 25 | | charge.
| 26 | | If a pharmacy temporarily closes for more than 72 hours, |
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| 1 | | it is the duty of the pharmacist in charge and the owner of | 2 | | such pharmacy to report to the Department within 72 hours of | 3 | | temporary closure of a pharmacy. The closing pharmacy must | 4 | | post signage and provide notification to customers. | 5 | | (Source: P.A. 100-497, eff. 9-8-17 .)
| 6 | | (225 ILCS 85/25.10) | 7 | | (Section scheduled to be repealed on January 1, 2023)
| 8 | | Sec. 25.10. Remote prescription processing. | 9 | | (a) In this Section, "remote prescription processing" | 10 | | means and includes the outsourcing of certain prescription | 11 | | functions to another pharmacy or licensed non-resident | 12 | | pharmacy. "Remote prescription processing" includes any of the | 13 | | following activities related to the dispensing process: | 14 | | (1) Receiving, interpreting, evaluating, or clarifying | 15 | | prescriptions. | 16 | | (2) Entering prescription and patient data into a data | 17 | | processing system. | 18 | | (3) Transferring prescription information. | 19 | | (4) Performing a drug regimen review. | 20 | | (5) Obtaining refill or substitution authorizations or | 21 | | otherwise communicating with the prescriber concerning a | 22 | | patient's prescription. | 23 | | (6) Evaluating clinical data for prior authorization | 24 | | for dispensing. | 25 | | (7) Discussing therapeutic interventions with |
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| 1 | | prescribers. | 2 | | (8) Providing drug information or counseling | 3 | | concerning a patient's prescription to the patient or | 4 | | patient's agent, as defined in this Act. | 5 | | (b) A pharmacy may engage in remote prescription | 6 | | processing under the following conditions: | 7 | | (1) The pharmacies shall either have the same owner or | 8 | | have a written contract describing the scope of services | 9 | | to be provided and the responsibilities and | 10 | | accountabilities of each pharmacy in compliance with all | 11 | | federal and State laws and regulations related to the | 12 | | practice of pharmacy. | 13 | | (2) The pharmacies shall share a common electronic | 14 | | file or have technology that allows sufficient information | 15 | | necessary to process a non-dispensing function. | 16 | | (3) The records may be maintained separately by each | 17 | | pharmacy or in common electronic file shared by both | 18 | | pharmacies, provided that the system can produce a record | 19 | | at either location that shows each processing task, the | 20 | | identity of the person performing each task, and the | 21 | | location where each task was performed. | 22 | | (c) Nothing in this Section shall prohibit an individual | 23 | | employee licensed as a pharmacist , pharmacy technician, or | 24 | | student pharmacist from accessing the employer pharmacy's | 25 | | database from a pharmacist's home or other remote location or | 26 | | pharmacist's home verification for the purpose of performing |
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| 1 | | certain prescription processing functions, provided that the | 2 | | pharmacy establishes controls to protect the privacy and | 3 | | security of confidential records.
| 4 | | (Source: P.A. 100-497, eff. 9-8-17 .)
| 5 | | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| 6 | | (Section scheduled to be repealed on January 1, 2023)
| 7 | | Sec. 30. Refusal, revocation, suspension, or other | 8 | | discipline. | 9 | | (a) The Department may refuse to issue or renew, or may | 10 | | revoke a license, or may suspend, place on probation, fine, or | 11 | | take any disciplinary or non-disciplinary action as the | 12 | | Department may deem proper, including fines not to exceed | 13 | | $10,000 for each violation, with regard to any licensee for | 14 | | any one or combination of the following causes:
| 15 | | 1. Material misstatement in furnishing information to | 16 | | the Department.
| 17 | | 2. Violations of this Act, or the rules promulgated | 18 | | hereunder.
| 19 | | 3. Making any misrepresentation for the purpose of | 20 | | obtaining licenses.
| 21 | | 4. A pattern of conduct which demonstrates | 22 | | incompetence or unfitness
to practice.
| 23 | | 5. Aiding or assisting another person in violating any | 24 | | provision of
this Act or rules.
| 25 | | 6. Failing, within 60 days, to respond to a written |
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| 1 | | request made by
the Department for information.
| 2 | | 7. Engaging in unprofessional, dishonorable, or | 3 | | unethical conduct of
a character likely to deceive, | 4 | | defraud or harm the public as defined by rule .
| 5 | | 8. Adverse action taken by another state or | 6 | | jurisdiction against a license or other authorization to | 7 | | practice as a pharmacy, pharmacist, registered certified | 8 | | pharmacy technician, or registered pharmacy technician | 9 | | that is the same or substantially equivalent to those set | 10 | | forth in this Section, a certified copy of the record of | 11 | | the action taken by the other state or jurisdiction being | 12 | | prima facie evidence thereof.
| 13 | | 9. Directly or indirectly giving to or receiving from | 14 | | any person, firm,
corporation, partnership, or association | 15 | | any fee, commission, rebate
or other form of compensation | 16 | | for any professional services not actually
or personally | 17 | | rendered. Nothing in this item 9 affects any bona fide | 18 | | independent contractor or employment arrangements among | 19 | | health care professionals, health facilities, health care | 20 | | providers, or other entities, except as otherwise | 21 | | prohibited by law. Any employment arrangements may include | 22 | | provisions for compensation, health insurance, pension, or | 23 | | other employment benefits for the provision of services | 24 | | within the scope of the licensee's practice under this | 25 | | Act. Nothing in this item 9 shall be construed to require | 26 | | an employment arrangement to receive professional fees for |
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| 1 | | services rendered.
| 2 | | 10. A finding by the Department that the licensee, | 3 | | after having his
license placed on probationary status has | 4 | | violated the terms of probation.
| 5 | | 11. Selling or engaging in the sale of drug samples | 6 | | provided at no
cost by drug manufacturers.
| 7 | | 12. Physical illness, including but not limited to, | 8 | | deterioration through
the aging process, or loss of motor | 9 | | skill which results in the inability
to practice the | 10 | | profession with reasonable judgment, skill or safety.
| 11 | | 13. A finding that licensure or registration has been | 12 | | applied for or
obtained by fraudulent means.
| 13 | | 14. Conviction by plea of guilty or nolo contendere, | 14 | | finding of guilt, jury verdict, or entry of judgment or | 15 | | sentencing, including, but not limited to, convictions, | 16 | | preceding sentences of supervision, conditional discharge, | 17 | | or first offender probation, under the laws of any | 18 | | jurisdiction of the United States that is (i) a felony or | 19 | | (ii) a misdemeanor, an essential element of which is | 20 | | dishonesty, or that is directly related to the practice of | 21 | | pharmacy , or involves controlled substances .
| 22 | | 15. Habitual or excessive use or addiction to alcohol, | 23 | | narcotics, stimulants
or any other chemical agent or drug | 24 | | which results in the inability
to practice with reasonable | 25 | | judgment, skill or safety.
| 26 | | 16. Willfully making or filing false records or |
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| 1 | | reports in the practice
of pharmacy, including, but not | 2 | | limited to false records to support
claims against the | 3 | | medical assistance program of the Department of Healthcare | 4 | | and Family Services (formerly Department of
Public Aid) | 5 | | under the Public Aid Code.
| 6 | | 17. Gross and willful overcharging for professional | 7 | | services including
filing false statements for collection | 8 | | of fees for which services are
not rendered, including, | 9 | | but not limited to, filing false statements
for collection | 10 | | of monies for services not rendered from the medical
| 11 | | assistance program of the Department of Healthcare and | 12 | | Family Services (formerly Department of Public Aid) under | 13 | | the Public Aid Code.
| 14 | | 18. Dispensing prescription drugs without receiving a
| 15 | | written or oral prescription in violation of law.
| 16 | | 19. Upon a finding of a substantial discrepancy in a | 17 | | Department audit
of a prescription drug, including | 18 | | controlled substances, as that term
is defined in this Act | 19 | | or in the Illinois Controlled Substances Act.
| 20 | | 20. Physical or mental illness or any other impairment | 21 | | or disability, including, without limitation: (A) | 22 | | deterioration through the aging process or loss of motor | 23 | | skills that
results in the inability to practice with
| 24 | | reasonable judgment, skill or safety; or (B) mental | 25 | | incompetence,
as declared
by a court of competent | 26 | | jurisdiction.
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| 1 | | 21. Violation of the Health Care Worker Self-Referral | 2 | | Act.
| 3 | | 22. Failing to sell or dispense any drug, medicine, or | 4 | | poison in good
faith. "Good faith", for the purposes of | 5 | | this Section, has the meaning
ascribed
to it in subsection | 6 | | (u) of Section 102 of the Illinois Controlled Substances
| 7 | | Act. "Good faith", as used in this item (22), shall not be | 8 | | limited to the sale or dispensing of controlled | 9 | | substances, but shall apply to all prescription drugs.
| 10 | | 23. Interfering with the professional judgment of a | 11 | | pharmacist by
any licensee under this Act, or the | 12 | | licensee's agents or employees.
| 13 | | 24. Failing to report within 60 days to the Department
| 14 | | any adverse final action taken against a pharmacy, | 15 | | pharmacist, registered pharmacy technician, or registered | 16 | | certified pharmacy technician by another licensing | 17 | | jurisdiction in any other state or any territory of the | 18 | | United States or any foreign jurisdiction, any | 19 | | governmental agency, any law enforcement agency, or any | 20 | | court for acts or conduct similar to acts or conduct that | 21 | | would constitute grounds for discipline as defined in this | 22 | | Section. | 23 | | 25. Failing to comply with a subpoena issued in | 24 | | accordance with Section 35.5 of this Act.
| 25 | | 26. Disclosing protected health information in | 26 | | violation of any State or federal law. |
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| 1 | | 27. Willfully failing to report an instance of | 2 | | suspected abuse, neglect, financial exploitation, or | 3 | | self-neglect of an eligible adult as defined in and | 4 | | required by the Adult Protective Services Act. | 5 | | 28. Being named as an abuser in a verified report by | 6 | | the Department on Aging under the Adult Protective | 7 | | Services Act, and upon proof by clear and convincing | 8 | | evidence that the licensee abused, neglected, or | 9 | | financially exploited an eligible adult as defined in the | 10 | | Adult Protective Services Act. | 11 | | 29. Using advertisements or making solicitations that | 12 | | may jeopardize the health, safety, or welfare of patients, | 13 | | including, but not be limited to, the use of | 14 | | advertisements or solicitations that: | 15 | | (A) are false, fraudulent, deceptive, or | 16 | | misleading; or | 17 | | (B) include any claim regarding a professional | 18 | | service or product or the cost or price thereof that | 19 | | cannot be substantiated by the licensee. | 20 | | 30. Requiring a pharmacist to participate in the use | 21 | | or distribution of advertisements or in making | 22 | | solicitations that may jeopardize the health, safety, or | 23 | | welfare of patients. | 24 | | 31. Failing to provide a working environment for all | 25 | | pharmacy personnel that protects the health, safety, and | 26 | | welfare of a patient, which includes, but is not limited |
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| 1 | | to, failing to: | 2 | | (A) employ sufficient personnel to prevent | 3 | | fatigue, distraction, or other conditions that | 4 | | interfere with a pharmacist's ability to practice with | 5 | | competency and safety or creates an environment that | 6 | | jeopardizes patient care; | 7 | | (B) provide appropriate opportunities for | 8 | | uninterrupted rest periods and meal breaks; | 9 | | (C) provide adequate time for a pharmacist to | 10 | | complete professional duties and responsibilities, | 11 | | including, but not limited to: | 12 | | (i) drug utilization review; | 13 | | (ii) immunization; | 14 | | (iii) counseling; | 15 | | (iv) verification of the accuracy of a | 16 | | prescription; and | 17 | | (v) all other duties and responsibilities of a | 18 | | pharmacist as listed in the rules of the | 19 | | Department. | 20 | | 32. Introducing or enforcing external factors, such as | 21 | | productivity or production quotas or other programs | 22 | | against pharmacists, student pharmacists or pharmacy | 23 | | technicians, to the extent that they interfere with the | 24 | | ability of those individuals to provide appropriate | 25 | | professional services to the public. | 26 | | 33. Providing an incentive for or inducing the |
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| 1 | | transfer of a prescription for a patient absent a | 2 | | professional rationale. | 3 | | (b) The Department may refuse to issue or may suspend the | 4 | | license of any person who fails to file a return, or to pay the | 5 | | tax,
penalty or interest shown in a filed return, or to pay any | 6 | | final assessment
of tax, penalty or interest, as required by | 7 | | any tax Act administered by the
Illinois Department of | 8 | | Revenue, until such time as the requirements of any
such tax | 9 | | Act are satisfied.
| 10 | | (c) The Department shall revoke any license issued under | 11 | | the provisions of this Act or any prior Act of
this State of | 12 | | any person who has been convicted a second time of committing
| 13 | | any felony under the Illinois Controlled Substances Act, or | 14 | | who
has been convicted a second time of committing a Class 1 | 15 | | felony under
Sections 8A-3 and 8A-6 of the Illinois Public Aid | 16 | | Code. A
person whose license issued under the
provisions of | 17 | | this Act or any prior Act of this State is revoked under this
| 18 | | subsection (c) shall be prohibited from engaging in the | 19 | | practice of
pharmacy in this State.
| 20 | | (d) Fines may be imposed in conjunction with other forms | 21 | | of disciplinary action, but shall not be the exclusive | 22 | | disposition of any disciplinary action arising out of conduct | 23 | | resulting in death or injury to a patient. Fines shall be paid | 24 | | within 60 days or as otherwise agreed to by the Department. Any | 25 | | funds collected from such fines shall be deposited in the | 26 | | Illinois State Pharmacy Disciplinary Fund.
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| 1 | | (e) The entry of an order or judgment by any circuit court | 2 | | establishing that any person holding a license or certificate | 3 | | under this Act is a person in need of mental treatment operates | 4 | | as a suspension of that license. A licensee may resume his or | 5 | | her practice only upon the entry of an order of the Department | 6 | | based upon a finding by the Board that he or she has been | 7 | | determined to be recovered from mental illness by the court | 8 | | and upon the Board's recommendation that the licensee be | 9 | | permitted to resume his or her practice.
| 10 | | (f) The Department shall issue quarterly to the Board a | 11 | | status of all
complaints related to the profession received by | 12 | | the Department.
| 13 | | (g) In enforcing this Section, the Board or the | 14 | | Department, upon a showing of a possible violation, may compel | 15 | | any licensee or applicant for licensure under this Act to | 16 | | submit to a mental or physical examination or both, as | 17 | | required by and at the expense of the Department. The | 18 | | examining physician, or multidisciplinary team involved in | 19 | | providing physical and mental examinations led by a physician | 20 | | consisting of one or a combination of licensed physicians, | 21 | | licensed clinical psychologists, licensed clinical social | 22 | | workers, licensed clinical professional counselors, and other | 23 | | professional and administrative staff, shall be those | 24 | | specifically designated by the Department. The Board or the | 25 | | Department may order the examining physician or any member of | 26 | | the multidisciplinary team to present testimony concerning |
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| 1 | | this mental or physical examination of the licensee or | 2 | | applicant. No information, report, or other documents in any | 3 | | way related to the examination shall be excluded by reason of | 4 | | any common law or statutory privilege relating to | 5 | | communication between the licensee or applicant and the | 6 | | examining physician or any member of the multidisciplinary | 7 | | team. The individual to be examined may have, at his or her own | 8 | | expense, another physician of his or her choice present during | 9 | | all aspects of the examination. Failure of any individual to | 10 | | submit to a mental or physical examination when directed shall | 11 | | result in the automatic suspension of his or her license until | 12 | | such time as the individual submits to the examination. If the | 13 | | Board or Department finds a pharmacist, registered certified | 14 | | pharmacy technician, or registered pharmacy technician unable | 15 | | to practice because of the reasons set forth in this Section, | 16 | | the Board or Department shall require such pharmacist, | 17 | | registered certified pharmacy technician, or registered | 18 | | pharmacy technician to submit to care, counseling, or | 19 | | treatment by physicians or other appropriate health care | 20 | | providers approved or designated by the Department as a | 21 | | condition for continued, restored, or renewed licensure to | 22 | | practice. Any pharmacist, registered certified pharmacy | 23 | | technician, or registered pharmacy technician whose license | 24 | | was granted, continued, restored, renewed, disciplined, or | 25 | | supervised, subject to such terms, conditions, or | 26 | | restrictions, and who fails to comply with such terms, |
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| 1 | | conditions, or restrictions or to complete a required program | 2 | | of care, counseling, or treatment, as determined by the chief | 3 | | pharmacy coordinator, shall be referred to the Secretary for a | 4 | | determination as to whether the licensee shall have his or her | 5 | | license suspended immediately, pending a hearing by the Board. | 6 | | In instances in which the Secretary immediately suspends a | 7 | | license under this subsection (g), a hearing upon such | 8 | | person's license must be convened by the Board within 15 days | 9 | | after such suspension and completed without appreciable delay. | 10 | | The Department and Board shall have the authority to review | 11 | | the subject pharmacist's, registered certified pharmacy | 12 | | technician's, or registered pharmacy technician's record of | 13 | | treatment and counseling regarding the impairment.
| 14 | | (h) An individual or organization acting in good faith, | 15 | | and not in a willful and wanton manner, in complying with this | 16 | | Section by providing a report or other information to the | 17 | | Board, by assisting in the investigation or preparation of a | 18 | | report or information, by participating in proceedings of the | 19 | | Board, or by serving as a member of the Board shall not, as a | 20 | | result of such actions, be subject to criminal prosecution or | 21 | | civil damages. Any person who reports a violation of this | 22 | | Section to the Department is protected under subsection (b) of | 23 | | Section 15 of the Whistleblower Act. | 24 | | (i) Members of the Board shall have no liability in any | 25 | | action based upon any disciplinary proceedings or other | 26 | | activity performed in good faith as a member of the Board. The |
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| 1 | | Attorney General shall defend all such actions unless he or | 2 | | she determines either that there would be a conflict of | 3 | | interest in such representation or that the actions complained | 4 | | of were not in good faith or were willful and wanton. | 5 | | If the Attorney General declines representation, the | 6 | | member shall have the right to employ counsel of his or her | 7 | | choice, whose fees shall be provided by the State, after | 8 | | approval by the Attorney General, unless there is a | 9 | | determination by a court that the member's actions were not in | 10 | | good faith or were willful and wanton. | 11 | | The member must notify the Attorney General within 7 days | 12 | | of receipt of notice of the initiation of any action involving | 13 | | services of the Board. Failure to so notify the Attorney | 14 | | General shall constitute an absolute waiver of the right to a | 15 | | defense and indemnification. | 16 | | The Attorney General shall determine, within 7 days after | 17 | | receiving such notice, whether he or she will undertake to | 18 | | represent the member. | 19 | | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
| 20 | | (225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
| 21 | | (Section scheduled to be repealed on January 1, 2023)
| 22 | | Sec. 35.7. Notwithstanding
the provisions of Section 35.6 | 23 | | of this Act, the Secretary shall have
the authority to appoint | 24 | | any attorney duly licensed to practice law
in the State of | 25 | | Illinois to serve as the hearing officer in any action
before |
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| 1 | | the Board for refusal to issue, renew, or discipline of a | 2 | | license.
The hearing officer shall have full authority to | 3 | | conduct the hearing.
There may be present one or more members | 4 | | of the Board at any such
hearing. The hearing officer shall | 5 | | report his findings of fact, conclusions
of law and | 6 | | recommendations to the Board and the Secretary. The Board
| 7 | | shall have 60 days from receipt of the report to review the | 8 | | report
of the hearing officer and present their findings of | 9 | | fact, conclusions
of law, and recommendations to the | 10 | | Secretary. If the Board fails to
present its report within the | 11 | | 60-day period, the respondent or the Department may request in | 12 | | writing a direct appeal to the Secretary, in which case the | 13 | | Secretary may issue an order based upon the report of the | 14 | | hearing officer and the record of the proceedings or issue an | 15 | | order remanding the matter back to the hearing officer for | 16 | | additional proceedings in accordance with the order. | 17 | | Notwithstanding any other provision of this Section, if the | 18 | | Secretary, upon review, determines that substantial justice | 19 | | has not been done in the revocation, suspension, or refusal to | 20 | | issue or renew a license or other disciplinary action taken as | 21 | | the result of the entry of the hearing officer's report, the | 22 | | Secretary may order a rehearing by the same or other | 23 | | examiners. If the Secretary disagrees with the recommendation | 24 | | of the Board or the hearing officer, the Secretary may issue an | 25 | | order in contravention of the recommendation.
| 26 | | (Source: P.A. 100-497, eff. 9-8-17 .)
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| 1 | | (225 ILCS 85/35.18) (from Ch. 111, par. 4155.18)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 35.18. Certification of record. The Department
shall | 4 | | not be required to certify any record to the court, to file an
| 5 | | answer in court, or to otherwise appear in any court in a | 6 | | judicial review
proceeding unless and until the Department has | 7 | | received from the plaintiff payment of the costs of
furnishing | 8 | | and certifying the record, which costs shall be determined by | 9 | | the Department. Exhibits shall be certified without cost. | 10 | | Failure on the part
of the plaintiff to file a receipt in court | 11 | | shall be grounds for
dismissal of the action. During the | 12 | | pendency and hearing of any and all judicial proceedings | 13 | | incident to the disciplinary action the sanctions imposed upon | 14 | | the accused by the Department because of acts or omissions | 15 | | related to the delivery of direct patient care as specified in | 16 | | the Department's final administrative decision, shall, as a | 17 | | matter of public policy, remain in full force and effect in | 18 | | order to protect the public pending final resolution of any of | 19 | | the proceedings.
| 20 | | (Source: P.A. 100-497, eff. 9-8-17 .)
| 21 | | (225 ILCS 85/35.21) | 22 | | (Section scheduled to be repealed on January 1, 2023) | 23 | | Sec. 35.21. Citations. | 24 | | (a) The Department may issue citations to any licensee for |
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| 1 | | any violation of this Act or the rules. The citation shall be | 2 | | issued to the licensee or other person alleged to have | 3 | | committed one or more violations and shall contain the | 4 | | licensee's or other person's name and address, the licensee's | 5 | | license number, if any, a brief factual statement, the | 6 | | Sections of this Act or the rules allegedly violated, and the | 7 | | penalty imposed, which shall not exceed $3,000 $1,000 . The | 8 | | citation must clearly state that if the cited person wishes to | 9 | | dispute the citation, he or she may request in writing, within | 10 | | 30 days after the citation is served, a hearing before the | 11 | | Department. If the cited person does not request a hearing | 12 | | within 30 days after the citation is served, then the citation | 13 | | shall become a final, non-disciplinary order and any fine | 14 | | imposed is due and payable. If the cited person requests a | 15 | | hearing within 30 days after the citation is served, the | 16 | | Department shall afford the cited person a hearing conducted | 17 | | in the same manner as a hearing provided in this Act for any | 18 | | violation of this Act and shall determine whether the cited | 19 | | person committed the violation as charged and whether the fine | 20 | | as levied is warranted. If the violation is found, any fine | 21 | | shall constitute discipline and be due and payable within 30 | 22 | | days of the order of the Secretary. Failure to comply with any | 23 | | final order may subject the licensed person to further | 24 | | discipline or other action by the Department or a referral to | 25 | | the State's Attorney. | 26 | | (b) A citation must be issued within 6 months after the |
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| 1 | | reporting of a violation that is the basis for the citation. | 2 | | (c) Service of a citation shall be made in person, | 3 | | electronically, or by mail to the licensee at the licensee's | 4 | | address of record or email address of record. | 5 | | (d) Nothing in this Section shall prohibit or limit the | 6 | | Department from taking further action pursuant to this Act and | 7 | | rules for additional, repeated, or continuing violations.
| 8 | | (e) The Department may adopt rules for the issuance of | 9 | | citations in accordance with this Section. | 10 | | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
| 11 | | Section 99. Effective date. This Section 5 and Section 99 | 12 | | take effect upon becoming law.
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