Full Text of SB1889 103rd General Assembly
SB1889sam001 103RD GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 3/23/2023
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| 1 | | AMENDMENT TO SENATE BILL 1889
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1889 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Pharmacy Practice Act is amended by | 5 | | changing Sections 9 and 15.1 and by adding Section 9.7 as | 6 | | follows:
| 7 | | (225 ILCS 85/9)
| 8 | | (Section scheduled to be repealed on January 1, 2028)
| 9 | | Sec. 9. Licensure as registered pharmacy technician. | 10 | | (a) Any person shall be entitled
to licensure as a | 11 | | registered pharmacy technician who is of the age of 16
or over, | 12 | | has not engaged in conduct or behavior determined to be | 13 | | grounds for
discipline under this Act, is attending or has
| 14 | | graduated from an accredited high school or comparable school | 15 | | or educational
institution or received a State of Illinois | 16 | | High School Diploma, and has filed a written or electronic |
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| 1 | | application for licensure on a form
to be prescribed and | 2 | | furnished by the Department for that purpose. The
Department | 3 | | shall issue a license as a registered pharmacy technician to | 4 | | any applicant who has
qualified as aforesaid, and such license | 5 | | shall be the sole authority
required to assist licensed | 6 | | pharmacists in the practice of pharmacy, under
the supervision | 7 | | of a licensed pharmacist. A registered pharmacy technician may | 8 | | be delegated to perform any task within the practice of | 9 | | pharmacy if specifically trained for that task, except for | 10 | | patient counseling, drug regimen review, clinical conflict | 11 | | resolution, or final prescription verification except where a | 12 | | registered certified pharmacy technician verifies a | 13 | | prescription dispensed by another pharmacy technician using | 14 | | technology-assisted medication verification, or providing | 15 | | patients prophylaxis drugs for human immunodeficiency virus | 16 | | pre-exposure prophylaxis or post-exposure prophylaxis. | 17 | | (b) Beginning on January 1, 2017, within 2 years after | 18 | | initial licensure as a registered pharmacy technician, the | 19 | | licensee must meet the requirements described in Section 9.5 | 20 | | of this Act and become licensed as a registered certified | 21 | | pharmacy technician. If the licensee has not yet attained the | 22 | | age of 18, then upon the next renewal as a registered pharmacy | 23 | | technician, the licensee must meet the requirements described | 24 | | in Section 9.5 of this Act and become licensed as a registered | 25 | | certified pharmacy technician. This requirement does not apply | 26 | | to pharmacy technicians registered prior to January 1, 2008.
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| 1 | | (c) (Blank). Any person registered
as a pharmacy | 2 | | technician who is also enrolled in a first professional
degree | 3 | | program in pharmacy in a school or college of pharmacy or a
| 4 | | department of pharmacy of a university approved by the | 5 | | Department or has graduated from such a program within the | 6 | | last 18 months, shall be
considered a "student pharmacist"
and | 7 | | entitled to use the title "student pharmacist". A student | 8 | | pharmacist must meet all of the requirements for licensure as | 9 | | a registered pharmacy technician set forth in this Section | 10 | | excluding the requirement of certification prior to the second | 11 | | license renewal and pay the required registered pharmacy | 12 | | technician license fees. A student pharmacist may, under the | 13 | | supervision of a pharmacist, assist in the practice of | 14 | | pharmacy and perform any and all functions delegated to him or | 15 | | her by the pharmacist. | 16 | | (d) Any person seeking licensure as a pharmacist who has | 17 | | graduated from a pharmacy program outside the United States | 18 | | must register as a pharmacy technician and shall be considered | 19 | | a "student pharmacist" and be entitled to use the title | 20 | | "student pharmacist" while completing the 1,200 clinical hours | 21 | | of training approved by the Board of Pharmacy described and | 22 | | for no more than 18 months after completion of these hours. | 23 | | These individuals are not required to become registered | 24 | | certified pharmacy technicians while completing their Board | 25 | | approved clinical training, but must become licensed as a | 26 | | pharmacist or become licensed as a registered certified |
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| 1 | | pharmacy technician before the second pharmacy technician | 2 | | license renewal following completion of the Board approved | 3 | | clinical training. | 4 | | (e) The Department shall not renew the registered pharmacy | 5 | | technician license of any person who has been licensed as a | 6 | | registered pharmacy technician with the designation "student | 7 | | pharmacist" who: (1) has dropped out of or been expelled from | 8 | | an ACPE accredited college of pharmacy; (2) has failed to | 9 | | complete his or her 1,200 hours of Board approved clinical | 10 | | training within 24 months; or (3) has failed the pharmacist | 11 | | licensure examination 3 times. The Department shall require | 12 | | these individuals to meet the requirements of and become | 13 | | licensed as a registered certified pharmacy technician. | 14 | | (f) The Department may
take any action set forth in | 15 | | Section 30 of this Act with regard to a license
pursuant to | 16 | | this Section.
| 17 | | (g) Any person who is enrolled in a non-traditional | 18 | | Pharm.D.
program at an ACPE accredited college of pharmacy and | 19 | | is licensed as a registered pharmacist
under the laws of | 20 | | another United States jurisdiction shall be permitted to
| 21 | | engage in the program of practice experience required in the | 22 | | academic program
by virtue of such license. Such person shall | 23 | | be exempt from the requirement
of licensure as a registered | 24 | | pharmacy technician or registered certified pharmacy | 25 | | technician while engaged in the
program of practice experience | 26 | | required in the academic program.
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| 1 | | An applicant for licensure as a registered pharmacy | 2 | | technician may assist a
pharmacist in the practice of pharmacy | 3 | | for a period of up to
60 days prior to the issuance of a | 4 | | license if the
applicant has submitted the required fee and an | 5 | | application for licensure
to the Department. The applicant | 6 | | shall keep a copy of the submitted
application on the premises | 7 | | where the applicant is assisting in the
practice of pharmacy. | 8 | | The Department shall forward confirmation of receipt of the | 9 | | application with start and expiration dates of practice | 10 | | pending licensure.
| 11 | | (h) Supportive staff who solely perform clerical work are | 12 | | not required to be licensed as a registered pharmacy | 13 | | technician. It shall be the responsibility of the pharmacy, | 14 | | the pharmacist-in-charge, and the pharmacy technician to | 15 | | ensure supportive staff are properly trained. The pharmacy or | 16 | | pharmacist-in-charge shall alert the Department's chief | 17 | | pharmacy coordinator when supportive staff have been | 18 | | terminated for threatening patient safety or diversion, in | 19 | | accordance with the requirements of subsection (b) of Section | 20 | | 30.1. As used in this subsection, "clerical work" includes, | 21 | | without limitation, operating registers at the point of sale, | 22 | | sorting pre-packaged drugs in pharmacies specializing in | 23 | | centralized prescription filling, and selling prescriptions | 24 | | that have received final verification by a pharmacist in | 25 | | accordance with subsection (c-5) of Section 15.1. "Clerical | 26 | | work" does not include data entry, packaging, labeling, or |
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| 1 | | storage. | 2 | | (Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23; | 3 | | 102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised | 4 | | 12-14-22.) | 5 | | (225 ILCS 85/9.7 new) | 6 | | Sec. 9.7. Student pharmacist. Any person who is also | 7 | | enrolled in a first professional degree program in pharmacy in | 8 | | a school or college of pharmacy or a department of pharmacy of | 9 | | a university approved by the Department, or has graduated from | 10 | | such a program within the last 18 months, shall be considered a | 11 | | "student pharmacist" and entitled to use the title "student | 12 | | pharmacist". A student pharmacist must meet all of the | 13 | | requirements for licensure as a registered pharmacy technician | 14 | | set forth in Section 9, except for the requirement of | 15 | | certification prior to the second license renewal, and pay the | 16 | | required license fees. A student pharmacist may, under the | 17 | | supervision of a pharmacist, assist in the practice of | 18 | | pharmacy and perform any and all functions delegated to him or | 19 | | her by the pharmacist. | 20 | | (225 ILCS 85/15.1) | 21 | | (Section scheduled to be repealed on January 1, 2028) | 22 | | Sec. 15.1. Pharmacy working conditions. | 23 | | (a) A pharmacy licensed under this Act shall not require a | 24 | | pharmacist, student pharmacist, or pharmacy technician to work |
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| 1 | | longer than 12 continuous hours per day, inclusive of the | 2 | | breaks required under subsection (b). | 3 | | (b) A pharmacist who works 6 continuous hours or longer | 4 | | per day shall be allowed to take, at a minimum, one 30-minute | 5 | | uninterrupted meal break and one 15-minute break during that | 6 | | 6-hour period. If such pharmacist is required to work 12 | 7 | | continuous hours per day, at a minimum, he or she qualifies for | 8 | | an additional 15-minute break. A pharmacist who is entitled to | 9 | | take such breaks shall not be required to work more than 5 | 10 | | continuous hours, excluding a 15-minute break, before being | 11 | | given the opportunity to take a 30-minute uninterrupted meal | 12 | | break. If the pharmacy has a private break room available, or | 13 | | if there is a private break room in the establishment or | 14 | | business in which the pharmacy is located, a pharmacist who is | 15 | | entitled to breaks must be given access to that private break | 16 | | room and allowed to spend his or her break time in that room. | 17 | | (c) A pharmacy may, but is not required to, close when a | 18 | | pharmacist is allowed to take a break under subsection (b). If | 19 | | the pharmacy does not close, the pharmacist shall either | 20 | | remain within the licensed pharmacy or within the | 21 | | establishment in which the licensed pharmacy is located in | 22 | | order to be available for emergencies. In addition, the | 23 | | following applies: | 24 | | (1) pharmacy technicians, student pharmacists, and | 25 | | other supportive staff authorized by the pharmacist on | 26 | | duty may continue to perform duties as allowed under this |
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| 1 | | Act; | 2 | | (2) no duties reserved to pharmacists and student | 3 | | pharmacists under this Act, or that require the | 4 | | professional judgment of a pharmacist, may be performed by | 5 | | pharmacy technicians or other supportive staff; and | 6 | | (3) only prescriptions that have received final | 7 | | verification by a pharmacist may be sold dispensed while | 8 | | the pharmacist is on break, except those prescriptions | 9 | | that require counseling by a pharmacist, including all new | 10 | | prescriptions and those refill prescriptions for which a | 11 | | pharmacist has determined that counseling is necessary, | 12 | | may be sold dispensed only if the following conditions are | 13 | | met: | 14 | | (i) the patient or other individual who is picking | 15 | | up the prescription on behalf of the patient is told | 16 | | that the pharmacist is on a break and is offered the | 17 | | chance to wait until the pharmacist returns from break | 18 | | in order to receive counseling; | 19 | | (ii) if the patient or other individual who is | 20 | | picking up the prescription on behalf of the patient | 21 | | declines to wait, a telephone number at which the | 22 | | patient or other individual who is picking up the | 23 | | prescription on behalf of the patient can be reached | 24 | | is obtained; | 25 | | (iii) after returning from the break, the | 26 | | pharmacist makes a reasonable effort to contact the |
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| 1 | | patient or other individual who is picking up the | 2 | | prescription on behalf of the patient and provide | 3 | | counseling; and | 4 | | (iv) the pharmacist documents the counseling that | 5 | | was provided or documents why counseling was not | 6 | | provided after a minimum of 2 attempts, including a | 7 | | description of the efforts made to contact the patient | 8 | | or other individual who is picking up the prescription | 9 | | on behalf of the patient; the documentation shall be | 10 | | retained by the pharmacy and made available for | 11 | | inspection by the Board or its authorized | 12 | | representatives for at least 2 years. | 13 | | (c-5) When a pharmacist is not present in the pharmacy, a | 14 | | registered pharmacy technician, registered certified pharmacy | 15 | | technician, student pharmacist, or other supportive staff | 16 | | shall sell prescriptions that have received final verification | 17 | | by a pharmacist. A registered pharmacy technician, registered | 18 | | certified pharmacy technician, student pharmacist, or other | 19 | | supportive staff shall connect a patient to a pharmacist to | 20 | | provide counseling by audio or video technology for any | 21 | | prescription that requires counseling by a pharmacist. If the | 22 | | pharmacy does not have audio and video technology to connect | 23 | | the patient or other individual who is picking up the | 24 | | prescription on behalf of the patient to a pharmacist to | 25 | | provide counseling, then a telephone number at which the | 26 | | patient or other individual who is picking up the prescription |
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| 1 | | on behalf of the patient can be reached shall be obtained . The | 2 | | pharmacist, upon returning to duty, shall attempt to contact | 3 | | the patient or other individual in accordance with items (iii) | 4 | | and (iv) of subsection (c). It shall be the responsibility of | 5 | | the pharmacy and pharmacist-in-charge to ensure that all | 6 | | staff, including supportive staff, are trained in selling | 7 | | pre-verified prescriptions. Training shall include, at a | 8 | | minimum, recordkeeping requirements, patient counseling | 9 | | protocols as described in this subsection (c-5), pharmacy | 10 | | safety protocols, and patient privacy standards. The | 11 | | prescription record shall contain the names, initials, or | 12 | | other unique identifier of both the pharmacist who verified | 13 | | the prescription and the staff member who sold the | 14 | | prescription. | 15 | | (d) In a pharmacy staffed by 2 or more pharmacists, the | 16 | | pharmacists shall stagger breaks so that at least one | 17 | | pharmacist remains on duty during all times that the pharmacy | 18 | | remains open for the transaction of business. | 19 | | (e) (Blank). A pharmacy shall keep and maintain a complete | 20 | | and accurate record showing its pharmacists' daily break | 21 | | periods. | 22 | | (f) Subsections (a) and (b) shall not apply when an | 23 | | emergency, as deemed by the professional judgment of the | 24 | | pharmacist, necessitates that a pharmacist, student | 25 | | pharmacist, or pharmacy technician work longer than 12 | 26 | | continuous hours, work without taking required meal breaks, or |
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| 1 | | have a break interrupted in order to minimize immediate health | 2 | | risks for patients.
| 3 | | (Source: P.A. 101-621, eff. 1-1-20 .)".
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