Illinois General Assembly - Full Text of SB1889
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Full Text of SB1889  103rd General Assembly


Sen. Chapin Rose

Filed: 3/23/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1889 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Pharmacy Practice Act is amended by
5changing Sections 9 and 15.1 and by adding Section 9.7 as
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8    (Section scheduled to be repealed on January 1, 2028)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
11registered pharmacy technician who is of the age of 16 or over,
12has not engaged in conduct or behavior determined to be
13grounds for discipline under this Act, is attending or has
14graduated from an accredited high school or comparable school
15or educational institution or received a State of Illinois
16High School Diploma, and has filed a written or electronic



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1application for licensure on a form to be prescribed and
2furnished by the Department for that purpose. The Department
3shall issue a license as a registered pharmacy technician to
4any applicant who has qualified as aforesaid, and such license
5shall be the sole authority required to assist licensed
6pharmacists in the practice of pharmacy, under the supervision
7of a licensed pharmacist. A registered pharmacy technician may
8be delegated to perform any task within the practice of
9pharmacy if specifically trained for that task, except for
10patient counseling, drug regimen review, clinical conflict
11resolution, or final prescription verification except where a
12registered certified pharmacy technician verifies a
13prescription dispensed by another pharmacy technician using
14technology-assisted medication verification, or providing
15patients prophylaxis drugs for human immunodeficiency virus
16pre-exposure prophylaxis or post-exposure prophylaxis.
17    (b) Beginning on January 1, 2017, within 2 years after
18initial licensure as a registered pharmacy technician, the
19licensee must meet the requirements described in Section 9.5
20of this Act and become licensed as a registered certified
21pharmacy technician. If the licensee has not yet attained the
22age of 18, then upon the next renewal as a registered pharmacy
23technician, the licensee must meet the requirements described
24in Section 9.5 of this Act and become licensed as a registered
25certified pharmacy technician. This requirement does not apply
26to pharmacy technicians registered prior to January 1, 2008.



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1    (c) (Blank). Any person registered as a pharmacy
2technician who is also enrolled in a first professional degree
3program in pharmacy in a school or college of pharmacy or a
4department of pharmacy of a university approved by the
5Department or has graduated from such a program within the
6last 18 months, shall be considered a "student pharmacist" and
7entitled to use the title "student pharmacist". A student
8pharmacist must meet all of the requirements for licensure as
9a registered pharmacy technician set forth in this Section
10excluding the requirement of certification prior to the second
11license renewal and pay the required registered pharmacy
12technician license fees. A student pharmacist may, under the
13supervision of a pharmacist, assist in the practice of
14pharmacy and perform any and all functions delegated to him or
15her by the pharmacist.
16    (d) Any person seeking licensure as a pharmacist who has
17graduated from a pharmacy program outside the United States
18must register as a pharmacy technician and shall be considered
19a "student pharmacist" and be entitled to use the title
20"student pharmacist" while completing the 1,200 clinical hours
21of training approved by the Board of Pharmacy described and
22for no more than 18 months after completion of these hours.
23These individuals are not required to become registered
24certified pharmacy technicians while completing their Board
25approved clinical training, but must become licensed as a
26pharmacist or become licensed as a registered certified



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1pharmacy technician before the second pharmacy technician
2license renewal following completion of the Board approved
3clinical training.
4    (e) The Department shall not renew the registered pharmacy
5technician license of any person who has been licensed as a
6registered pharmacy technician with the designation "student
7pharmacist" who: (1) has dropped out of or been expelled from
8an ACPE accredited college of pharmacy; (2) has failed to
9complete his or her 1,200 hours of Board approved clinical
10training within 24 months; or (3) has failed the pharmacist
11licensure examination 3 times. The Department shall require
12these individuals to meet the requirements of and become
13licensed as a registered certified pharmacy technician.
14    (f) The Department may take any action set forth in
15Section 30 of this Act with regard to a license pursuant to
16this Section.
17    (g) Any person who is enrolled in a non-traditional
18Pharm.D. program at an ACPE accredited college of pharmacy and
19is licensed as a registered pharmacist under the laws of
20another United States jurisdiction shall be permitted to
21engage in the program of practice experience required in the
22academic program by virtue of such license. Such person shall
23be exempt from the requirement of licensure as a registered
24pharmacy technician or registered certified pharmacy
25technician while engaged in the program of practice experience
26required in the academic program.



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1    An applicant for licensure as a registered pharmacy
2technician may assist a pharmacist in the practice of pharmacy
3for a period of up to 60 days prior to the issuance of a
4license if the applicant has submitted the required fee and an
5application for licensure to the Department. The applicant
6shall keep a copy of the submitted application on the premises
7where the applicant is assisting in the practice of pharmacy.
8The Department shall forward confirmation of receipt of the
9application with start and expiration dates of practice
10pending licensure.
11    (h) Supportive staff who solely perform clerical work are
12not required to be licensed as a registered pharmacy
13technician. It shall be the responsibility of the pharmacy,
14the pharmacist-in-charge, and the pharmacy technician to
15ensure supportive staff are properly trained. The pharmacy or
16pharmacist-in-charge shall alert the Department's chief
17pharmacy coordinator when supportive staff have been
18terminated for threatening patient safety or diversion, in
19accordance with the requirements of subsection (b) of Section
2030.1. As used in this subsection, "clerical work" includes,
21without limitation, operating registers at the point of sale,
22sorting pre-packaged drugs in pharmacies specializing in
23centralized prescription filling, and selling prescriptions
24that have received final verification by a pharmacist in
25accordance with subsection (c-5) of Section 15.1. "Clerical
26work" does not include data entry, packaging, labeling, or



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2(Source: P.A. 101-621, eff. 1-1-20; 102-882, eff. 1-1-23;
3102-1051, eff. 1-1-23; 102-1100, eff. 1-1-23; revised
5    (225 ILCS 85/9.7 new)
6    Sec. 9.7. Student pharmacist. Any person who is also
7enrolled in a first professional degree program in pharmacy in
8a school or college of pharmacy or a department of pharmacy of
9a university approved by the Department, or has graduated from
10such a program within the last 18 months, shall be considered a
11"student pharmacist" and entitled to use the title "student
12pharmacist". A student pharmacist must meet all of the
13requirements for licensure as a registered pharmacy technician
14set forth in Section 9, except for the requirement of
15certification prior to the second license renewal, and pay the
16required license fees. A student pharmacist may, under the
17supervision of a pharmacist, assist in the practice of
18pharmacy and perform any and all functions delegated to him or
19her 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
24pharmacist, student pharmacist, or pharmacy technician to work



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1longer than 12 continuous hours per day, inclusive of the
2breaks required under subsection (b).
3    (b) A pharmacist who works 6 continuous hours or longer
4per day shall be allowed to take, at a minimum, one 30-minute
5uninterrupted meal break and one 15-minute break during that
66-hour period. If such pharmacist is required to work 12
7continuous hours per day, at a minimum, he or she qualifies for
8an additional 15-minute break. A pharmacist who is entitled to
9take such breaks shall not be required to work more than 5
10continuous hours, excluding a 15-minute break, before being
11given the opportunity to take a 30-minute uninterrupted meal
12break. If the pharmacy has a private break room available, or
13if there is a private break room in the establishment or
14business in which the pharmacy is located, a pharmacist who is
15entitled to breaks must be given access to that private break
16room 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
18pharmacist is allowed to take a break under subsection (b). If
19the pharmacy does not close, the pharmacist shall either
20remain within the licensed pharmacy or within the
21establishment in which the licensed pharmacy is located in
22order to be available for emergencies. In addition, the
23following 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
14registered pharmacy technician, registered certified pharmacy
15technician, student pharmacist, or other supportive staff
16shall sell prescriptions that have received final verification
17by a pharmacist. A registered pharmacy technician, registered
18certified pharmacy technician, student pharmacist, or other
19supportive staff shall connect a patient to a pharmacist to
20provide counseling by audio or video technology for any
21prescription that requires counseling by a pharmacist. If the
22pharmacy does not have audio and video technology to connect
23the patient or other individual who is picking up the
24prescription on behalf of the patient to a pharmacist to
25provide counseling, then a telephone number at which the
26patient or other individual who is picking up the prescription



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1on behalf of the patient can be reached shall be obtained . The
2pharmacist, upon returning to duty, shall attempt to contact
3the patient or other individual in accordance with items (iii)
4and (iv) of subsection (c). It shall be the responsibility of
5the pharmacy and pharmacist-in-charge to ensure that all
6staff, including supportive staff, are trained in selling
7pre-verified prescriptions. Training shall include, at a
8minimum, recordkeeping requirements, patient counseling
9protocols as described in this subsection (c-5), pharmacy
10safety protocols, and patient privacy standards. The
11prescription record shall contain the names, initials, or
12other unique identifier of both the pharmacist who verified
13the prescription and the staff member who sold the
15    (d) In a pharmacy staffed by 2 or more pharmacists, the
16pharmacists shall stagger breaks so that at least one
17pharmacist remains on duty during all times that the pharmacy
18remains open for the transaction of business.
19    (e) (Blank). A pharmacy shall keep and maintain a complete
20and accurate record showing its pharmacists' daily break
22    (f) Subsections (a) and (b) shall not apply when an
23emergency, as deemed by the professional judgment of the
24pharmacist, necessitates that a pharmacist, student
25pharmacist, or pharmacy technician work longer than 12
26continuous hours, work without taking required meal breaks, or



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1have a break interrupted in order to minimize immediate health
2risks for patients.
3(Source: P.A. 101-621, eff. 1-1-20.)".