Full Text of SB2343 94th General Assembly
SB2343 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2343
Introduced 1/12/2006, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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225 ILCS 85/3 |
from Ch. 111, par. 4123 |
225 ILCS 85/15.7 new |
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745 ILCS 70/3 |
from Ch. 111 1/2, par. 5303 |
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Amends the Pharmacy Practice Act of 1987. Provides that a pharmacist licensed under the Act may, based on his or her personal, religious beliefs, refuse to fill a prescription for and to dispense emergency contraception. Amends the Health Care Right of Conscience Act. Adds the dispensation of prescribed medication to the list of activities included in the definition of "health care", adds pharmacist to the list of occupations included in the definition of "health care personnel", and adds pharmacy to the list of facilities included in the definition of "health care facility".
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A BILL FOR
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SB2343 |
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LRB094 18659 RAS 54013 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Pharmacy Practice Act of 1987 is amended by | 5 |
| changing Section 3 and by adding Section 15.7 as follows:
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| (225 ILCS 85/3) (from Ch. 111, par. 4123)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 3. Definitions. For the purpose of this Act, except | 9 |
| where otherwise
limited therein:
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| (a) "Pharmacy" or "drugstore" means and includes every | 11 |
| store, shop,
pharmacy department, or other place where | 12 |
| pharmaceutical care is
provided
by a pharmacist (1) where | 13 |
| drugs, medicines, or poisons are
dispensed, sold or
offered for | 14 |
| sale at retail, or displayed for sale at retail; or
(2)
where
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| prescriptions of physicians, dentists, veterinarians, | 16 |
| podiatrists, or
therapeutically certified optometrists, within | 17 |
| the limits of their
licenses, are
compounded, filled, or | 18 |
| dispensed; or (3) which has upon it or
displayed within
it, or | 19 |
| affixed to or used in connection with it, a sign bearing the | 20 |
| word or
words "Pharmacist", "Druggist", "Pharmacy", | 21 |
| "Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine | 22 |
| Store", "Prescriptions", "Drugs", "Medicines", or any word
or | 23 |
| words of similar or like import, either in the English language
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| or any other language; or (4) where the characteristic | 25 |
| prescription
sign (Rx) or similar design is exhibited; or (5) | 26 |
| any store, or
shop,
or other place with respect to which any of | 27 |
| the above words, objects,
signs or designs are used in any | 28 |
| advertisement.
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| (b) "Drugs" means and includes (l) articles recognized
in | 30 |
| the official United States Pharmacopoeia/National Formulary | 31 |
| (USP/NF),
or any supplement thereto and being intended for and | 32 |
| having for their
main use the diagnosis, cure, mitigation, |
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SB2343 |
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LRB094 18659 RAS 54013 b |
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| treatment or prevention of
disease in man or other animals, as | 2 |
| approved by the United States Food and
Drug Administration, but | 3 |
| does not include devices or their components, parts,
or | 4 |
| accessories; and (2) all other articles intended
for and having | 5 |
| for their main use the diagnosis, cure, mitigation,
treatment | 6 |
| or prevention of disease in man or other animals, as approved
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| by the United States Food and Drug Administration, but does not | 8 |
| include
devices or their components, parts, or accessories; and | 9 |
| (3) articles
(other than food) having for their main use and | 10 |
| intended
to affect the structure or any function of the body of | 11 |
| man or other
animals; and (4) articles having for their main | 12 |
| use and intended
for use as a component or any articles | 13 |
| specified in clause (l), (2)
or (3); but does not include | 14 |
| devices or their components, parts or
accessories.
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| (c) "Medicines" means and includes all drugs intended for
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| human or veterinary use approved by the United States Food and | 17 |
| Drug
Administration.
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| (d) "Practice of pharmacy" means the provision of | 19 |
| pharmaceutical care to
patients as determined by the | 20 |
| pharmacist's professional judgment in the
following areas,
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| which may include but are not limited to (1) patient
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| counseling, (2)
interpretation and assisting in the monitoring | 23 |
| of appropriate drug use and
prospective drug utilization | 24 |
| review, (3) providing information on the
therapeutic values, | 25 |
| reactions, drug interactions, side effects, uses, selection
of | 26 |
| medications and medical devices, and outcome of drug therapy, | 27 |
| (4)
participation in drug selection, drug monitoring, drug | 28 |
| utilization review,
evaluation, administration, | 29 |
| interpretation, application of
pharmacokinetic and
laboratory | 30 |
| data to design safe and effective drug
regimens, (5) drug | 31 |
| research
(clinical and scientific), and (6) compounding and | 32 |
| dispensing of drugs and medical
devices.
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| (e) "Prescription" means and includes any written, oral, | 34 |
| facsimile, or
electronically transmitted order for drugs
or | 35 |
| medical devices, issued by a physician licensed to practice | 36 |
| medicine in
all its branches, dentist, veterinarian, or |
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| podiatrist, or therapeutically
certified
optometrist, within | 2 |
| the
limits of their licenses, by a physician assistant in | 3 |
| accordance with
subsection (f) of Section 4, or by an advanced | 4 |
| practice nurse in
accordance with subsection (g) of Section 4, | 5 |
| containing the
following: (l) name
of the patient; (2) date | 6 |
| when prescription was issued; (3) name
and strength of drug or | 7 |
| description of the medical device prescribed;
and (4) quantity, | 8 |
| (5) directions for use, (6) prescriber's name,
address
and | 9 |
| signature, and (7) DEA number where required, for controlled
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| substances.
DEA numbers shall not be required on inpatient drug | 11 |
| orders.
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| (f) "Person" means and includes a natural person, | 13 |
| copartnership,
association, corporation, government entity, or | 14 |
| any other legal
entity.
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| (g) "Department" means the Department of Professional | 16 |
| Regulation.
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| (h) "Board of Pharmacy" or "Board" means the State Board
of | 18 |
| Pharmacy of the Department of Professional Regulation.
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| (i) "Director" means the Director of Professional | 20 |
| Regulation.
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| (j) "Drug product selection" means the interchange for a
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| prescribed pharmaceutical product in accordance with Section | 23 |
| 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 24 |
| Cosmetic Act.
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| (k) "Inpatient drug order" means an order issued by an | 26 |
| authorized
prescriber for a resident or patient of a facility | 27 |
| licensed under the
Nursing Home Care Act or the Hospital | 28 |
| Licensing Act, or "An Act in relation to
the founding and | 29 |
| operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 31 |
| approved July 3, 1931,
as amended, or a facility which is | 32 |
| operated by the Department of Human
Services (as successor to | 33 |
| the Department of Mental Health
and Developmental | 34 |
| Disabilities) or the Department of Corrections.
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| (k-5) "Pharmacist" means an individual health care | 36 |
| professional and
provider currently licensed by this State to |
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| engage in the practice of
pharmacy.
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| (l) "Pharmacist in charge" means the licensed pharmacist | 3 |
| whose name appears
on a pharmacy license and who is responsible | 4 |
| for all aspects of the
operation related to the practice of | 5 |
| pharmacy.
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| (m) "Dispense" means the delivery of drugs and medical | 7 |
| devices, in
accordance with applicable State and federal laws | 8 |
| and regulations, to the
patient or the patient's representative | 9 |
| authorized to receive these products,
including the | 10 |
| preparation, compounding, packaging, and labeling necessary | 11 |
| for delivery, computer entry, and verification of medication | 12 |
| orders and prescriptions, and
any recommending or advising | 13 |
| concerning the contents and therapeutic values and
uses | 14 |
| thereof. "Dispense" does not mean the physical delivery to a | 15 |
| patient or a
patient's representative in a home or institution | 16 |
| by a designee of a pharmacist
or by common carrier. "Dispense" | 17 |
| also does not mean the physical delivery
of a drug or medical | 18 |
| device to a patient or patient's representative by a
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| pharmacist's designee within a pharmacy or drugstore while the | 20 |
| pharmacist is
on duty and the pharmacy is open.
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| (n) "Mail-order pharmacy" means a pharmacy that is located | 22 |
| in a state
of the United States, other than Illinois, that | 23 |
| delivers, dispenses or
distributes, through the United States | 24 |
| Postal Service or other common
carrier, to Illinois residents, | 25 |
| any substance which requires a prescription.
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| (o) "Compounding" means the preparation, mixing, | 27 |
| assembling,
packaging, or labeling of a drug or medical device: | 28 |
| (1) as the result of a
practitioner's prescription drug order | 29 |
| or initiative that is dispensed pursuant
to a prescription in | 30 |
| the course of professional practice; or (2) for the
purpose of, | 31 |
| or incident to, research, teaching, or chemical analysis; or | 32 |
| (3) in anticipation of prescription drug orders
based on | 33 |
| routine, regularly observed prescribing patterns.
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| (p) "Confidential information" means information,
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| maintained by the
pharmacist in the patient's records, released | 36 |
| only (i) to the patient or,
as the patient directs, to other |
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| practitioners and other pharmacists or (ii)
to any other person | 2 |
| authorized by law to receive the
information.
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| (q) "Prospective drug review" or "drug utilization | 4 |
| evaluation" means a
screening for potential drug therapy | 5 |
| problems due to
therapeutic duplication, drug-disease | 6 |
| contraindications, drug-drug
interactions (including serious | 7 |
| interactions with nonprescription or
over-the-counter drugs), | 8 |
| drug-food interactions, incorrect drug dosage
or duration of | 9 |
| drug
treatment, drug-allergy interactions, and clinical abuse | 10 |
| or misuse.
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| (r) "Patient counseling" means the communication between a | 12 |
| pharmacist or
a student pharmacist under the direct supervision | 13 |
| of a pharmacist and a
patient or the patient's representative | 14 |
| about the patient's medication or
device for the purpose of | 15 |
| optimizing proper use of prescription medications
or devices. | 16 |
| The offer to counsel by the pharmacist or the pharmacist's
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| designee, and subsequent patient counseling by the pharmacist | 18 |
| or student
pharmacist, shall be made in a face-to-face | 19 |
| communication with the patient
or patient's representative | 20 |
| unless, in the professional judgment of the
pharmacist, a | 21 |
| face-to-face communication is deemed inappropriate or
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| unnecessary. In that instance, the offer to counsel or patient | 23 |
| counseling may
be made in a written communication, by | 24 |
| telephone, or in a manner determined by
the pharmacist to be | 25 |
| appropriate.
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| (s) "Patient profiles" or "patient drug therapy record" | 27 |
| means the
obtaining, recording, and maintenance of patient | 28 |
| prescription
information, including prescriptions for | 29 |
| controlled substances, and
personal information.
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| (t) "Pharmaceutical care" includes, but is not limited to, | 31 |
| the act of
monitoring drug use and other patient care services | 32 |
| intended to achieve
outcomes that improve the patient's quality | 33 |
| of life but shall not include
the sale of over-the-counter | 34 |
| drugs by a seller of goods and services who
does not dispense | 35 |
| prescription drugs.
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| (u) "Medical device" means an instrument, apparatus, |
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| implement, machine,
contrivance, implant, in vitro reagent, or | 2 |
| other similar or related article,
including any component part | 3 |
| or accessory, required under federal law to
bear the label | 4 |
| "Caution: Federal law requires dispensing by or on the order
of | 5 |
| a physician". A seller of goods and services who, only for the | 6 |
| purpose of
retail sales, compounds, sells, rents, or leases | 7 |
| medical devices shall not,
by reasons thereof, be required to | 8 |
| be a licensed pharmacy.
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| (v) "Unique identifier" means an electronic signature, | 10 |
| handwritten
signature or initials, thumb print, or other | 11 |
| acceptable individual biometric
or electronic identification | 12 |
| process as approved by the Department.
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| (w) "Current usual and customary retail price" means the | 14 |
| actual price that a pharmacy charges a retail purchaser.
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| (x) "Emergency contraception" means one or more | 16 |
| prescription drugs, used separately or in combination in a | 17 |
| non-patient specific regimen, that are prescribed and ordered | 18 |
| by a physician licensed in this State to practice medicine in | 19 |
| all its branches, an advanced practice nurse, or a physician | 20 |
| assistant for a registered professional nurse that are to be | 21 |
| administered to or self-administered by the patient in a dosage | 22 |
| and manner for preventing pregnancy when used after | 23 |
| intercourse, and that are found safe and effective for that use | 24 |
| by the U.S. Food and Drug Administration and dispensed for that | 25 |
| purpose.
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| (Source: P.A. 93-571, eff. 8-20-03; 93-1075, eff. 1-18-05; | 27 |
| 94-459, eff. 1-1-06.)
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| (225 ILCS 85/15.7 new)
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| (Section scheduled to be repealed on January 1, 2008) | 30 |
| Sec. 15.7. Pharmacist refusal to dispense emergency | 31 |
| contraception. A pharmacist licensed under this Act may, based | 32 |
| upon his or her personal, religious beliefs, refuse to fill a | 33 |
| prescription for and to dispense emergency contraception.
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| Section 10. The Health Care Right of Conscience Act is |
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SB2343 |
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LRB094 18659 RAS 54013 b |
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| amended by changing Section 3 as follows:
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| (745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
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| Sec. 3. Definitions. As used in this Act, unless the | 4 |
| context clearly
otherwise
requires:
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| (a) "Health care" means any phase of patient care, | 6 |
| including
but
not limited to, testing; diagnosis; prognosis; | 7 |
| ancillary research;
instructions; family planning, | 8 |
| counselling, referrals, or any other
advice in connection with | 9 |
| the use or procurement of contraceptives and
sterilization or | 10 |
| abortion procedures; medication; dispensation of prescribed | 11 |
| medication; or surgery or other
care or treatment rendered by a | 12 |
| physician or physicians, nurses,
paraprofessionals or health | 13 |
| care facility, intended for the
physical,
emotional, and mental | 14 |
| well-being of persons;
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| (b) "Physician" means any person who is licensed by the | 16 |
| State of Illinois under the
Medical Practice Act of 1987;
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| (c) "Health care personnel" means any nurse, nurses'
aide, | 18 |
| medical school
student, professional, paraprofessional , | 19 |
| pharmacist, or any other person who
furnishes, or assists in | 20 |
| the furnishing of, health care
services;
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| (d) "Health care facility" means any public or private
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| hospital, clinic,
center, medical school, medical training | 23 |
| institution, laboratory or
diagnostic
facility, physician's | 24 |
| office, infirmary, dispensary, ambulatory surgical
treatment | 25 |
| center , pharmacy, or other institution or location wherein | 26 |
| health care
services are provided to any person, including | 27 |
| physician organizations and
associations, networks, joint | 28 |
| ventures, and all
other combinations of those organizations;
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| (e) "Conscience" means a sincerely held set of moral | 30 |
| convictions
arising from belief in and relation to God, or | 31 |
| which, though not so
derived, arises from a place in the life | 32 |
| of its possessor
parallel to
that filled by God among adherents | 33 |
| to religious faiths; and
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| (f) "Health care payer" means a health maintenance | 35 |
| organization, insurance
company, management services |
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| organization, or any other entity that pays for
or arranges for | 2 |
| the payment of any health care or medical care service,
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| procedure, or product.
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| The above definitions include not only the traditional | 5 |
| combinations and forms
of these persons and organizations but | 6 |
| also all new and emerging forms and
combinations of these | 7 |
| persons and organizations.
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| (Source: P.A. 90-246, eff. 1-1-98.)
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