Full Text of SB1889 103rd General Assembly
SB1889 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1889 Introduced 2/9/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
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Amends the Pharmacy Practice Act. Provides that when a pharmacist is not present in the pharmacy, a registered pharmacy technician, a registered certified pharmacy technician, a student pharmacist, and other supportive staff shall dispense prescriptions that have received final verification by a pharmacist.
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| | A BILL FOR |
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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 Pharmacy Practice Act is amended by | 5 | | changing Section 15.1 as follows: | 6 | | (225 ILCS 85/15.1) | 7 | | (Section scheduled to be repealed on January 1, 2028) | 8 | | Sec. 15.1. Pharmacy working conditions. | 9 | | (a) A pharmacy licensed under this Act shall not require a | 10 | | pharmacist, student pharmacist, or pharmacy technician to work | 11 | | longer than 12 continuous hours per day, inclusive of the | 12 | | breaks required under subsection (b). | 13 | | (b) A pharmacist who works 6 continuous hours or longer | 14 | | per day shall be allowed to take, at a minimum, one 30-minute | 15 | | uninterrupted meal break and one 15-minute break during that | 16 | | 6-hour period. If such pharmacist is required to work 12 | 17 | | continuous hours per day, at a minimum, he or she qualifies for | 18 | | an additional 15-minute break. A pharmacist who is entitled to | 19 | | take such breaks shall not be required to work more than 5 | 20 | | continuous hours, excluding a 15-minute break, before being | 21 | | given the opportunity to take a 30-minute uninterrupted meal | 22 | | break. If the pharmacy has a private break room available, or | 23 | | if there is a private break room in the establishment or |
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| 1 | | business in which the pharmacy is located, a pharmacist who is | 2 | | entitled to breaks must be given access to that private break | 3 | | room and allowed to spend his or her break time in that room. | 4 | | (c) A pharmacy may, but is not required to, close when a | 5 | | pharmacist is allowed to take a break under subsection (b). If | 6 | | the pharmacy does not close, the pharmacist shall either | 7 | | remain within the licensed pharmacy or within the | 8 | | establishment in which the licensed pharmacy is located in | 9 | | order to be available for emergencies. In addition, the | 10 | | following applies: | 11 | | (1) pharmacy technicians, student pharmacists, and | 12 | | other supportive staff authorized by the pharmacist on | 13 | | duty may continue to perform duties as allowed under this | 14 | | Act; | 15 | | (2) no duties reserved to pharmacists and student | 16 | | pharmacists under this Act, or that require the | 17 | | professional judgment of a pharmacist, may be performed by | 18 | | pharmacy technicians or other supportive staff; and | 19 | | (3) only prescriptions that have received final | 20 | | verification by a pharmacist may be dispensed while the | 21 | | pharmacist is on break, except those prescriptions that | 22 | | require counseling by a pharmacist, including all new | 23 | | prescriptions and those refill prescriptions for which a | 24 | | pharmacist has determined that counseling is necessary, | 25 | | may be dispensed only if the following conditions are met: | 26 | | (i) the patient or other individual who is picking |
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| 1 | | up the prescription on behalf of the patient is told | 2 | | that the pharmacist is on a break and is offered the | 3 | | chance to wait until the pharmacist returns from break | 4 | | in order to receive counseling; | 5 | | (ii) if the patient or other individual who is | 6 | | picking up the prescription on behalf of the patient | 7 | | declines to wait, a telephone number at which the | 8 | | patient or other individual who is picking up the | 9 | | prescription on behalf of the patient can be reached | 10 | | is obtained; | 11 | | (iii) after returning from the break, the | 12 | | pharmacist makes a reasonable effort to contact the | 13 | | patient or other individual who is picking up the | 14 | | prescription on behalf of the patient and provide | 15 | | counseling; and | 16 | | (iv) the pharmacist documents the counseling that | 17 | | was provided or documents why counseling was not | 18 | | provided after a minimum of 2 attempts, including a | 19 | | description of the efforts made to contact the patient | 20 | | or other individual who is picking up the prescription | 21 | | on behalf of the patient; the documentation shall be | 22 | | retained by the pharmacy and made available for | 23 | | inspection by the Board or its authorized | 24 | | representatives for at least 2 years. | 25 | | (c-5) When a pharmacist is not present in the pharmacy, a | 26 | | registered pharmacy technician, a registered certified |
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| 1 | | pharmacy technician, a student pharmacist, and other | 2 | | supportive staff shall dispense prescriptions that have | 3 | | received final verification by a pharmacist, except those | 4 | | prescriptions that require counseling by a pharmacist, | 5 | | including all new prescriptions and those refill prescriptions | 6 | | for which a pharmacist has determined that counseling is | 7 | | necessary. | 8 | | (d) In a pharmacy staffed by 2 or more pharmacists, the | 9 | | pharmacists shall stagger breaks so that at least one | 10 | | pharmacist remains on duty during all times that the pharmacy | 11 | | remains open for the transaction of business. | 12 | | (e) A pharmacy shall keep and maintain a complete and | 13 | | accurate record showing its pharmacists' daily break periods. | 14 | | (f) Subsections (a) and (b) shall not apply when an | 15 | | emergency, as deemed by the professional judgment of the | 16 | | pharmacist, necessitates that a pharmacist, student | 17 | | pharmacist, or pharmacy technician work longer than 12 | 18 | | continuous hours, work without taking required meal breaks, or | 19 | | have a break interrupted in order to minimize immediate health | 20 | | risks for patients.
| 21 | | (Source: P.A. 101-621, eff. 1-1-20 .)
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