Full Text of HB3219 99th General Assembly
HB3219enr 99TH 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 Pharmacy Practice Act is amended by changing | 5 | | Sections 9, 9.5, and 11 and by adding Section 16c as follows:
| 6 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 9. Registration as pharmacy technician. Any person | 9 | | shall be entitled
to registration as a registered pharmacy | 10 | | technician who is of the age of 16
or over, has not engaged in | 11 | | conduct or behavior determined to be grounds for
discipline | 12 | | under this Act, is attending or has
graduated from an | 13 | | accredited high school or comparable school or educational
| 14 | | institution or received a high school equivalency certificate, | 15 | | and has filed a written application for registration on a form
| 16 | | to be prescribed and furnished by the Department for that | 17 | | purpose. The
Department shall issue a certificate of
| 18 | | registration as a registered pharmacy technician to any | 19 | | applicant who has
qualified as aforesaid, and such registration | 20 | | shall be the sole authority
required to assist licensed | 21 | | pharmacists in the practice of pharmacy, under
the supervision | 22 | | of a licensed pharmacist. A registered pharmacy technician may, | 23 | | under the supervision of a pharmacist, assist in the practice |
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| 1 | | of pharmacy and perform such functions as assisting in the | 2 | | dispensing process, offering counseling, receiving new verbal | 3 | | prescription orders, and having prescriber contact concerning | 4 | | prescription drug order clarification. A registered pharmacy | 5 | | technician may not engage in patient counseling, drug regimen | 6 | | review, or clinical conflict resolution. | 7 | | Beginning on January 1, 2017 January 1, 2010 , within 2 | 8 | | years after initial registration as a registered pharmacy | 9 | | technician, the registrant must meet the requirements | 10 | | described in Section 9.5 of this Act and register as a | 11 | | registered certified pharmacy technician. If the registrant | 12 | | has not yet attained the age of 18, then upon the next renewal | 13 | | as a registered pharmacy technician, the registrant must meet | 14 | | the requirements described in Section 9.5 of this Act and | 15 | | register as a registered certified pharmacy technician a | 16 | | pharmacy technician must become certified by successfully | 17 | | passing the Pharmacy Technician Certification Board (PTCB) | 18 | | examination or another Board-approved pharmacy technician | 19 | | examination and register as a certified pharmacy technician | 20 | | with the Department in order to continue to perform pharmacy | 21 | | technician's duties . This requirement does not apply to | 22 | | pharmacy technicians registered prior to January 1, 2008.
| 23 | | Any person registered
as a pharmacy technician who is also | 24 | | enrolled in a first professional
degree program in pharmacy in | 25 | | a school or college of pharmacy or a
department of pharmacy of | 26 | | a university approved by the Department or has graduated from |
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| 1 | | such a program within the last 18 months, shall be
considered a | 2 | | "student pharmacist"
and entitled to use the title "student | 3 | | pharmacist". A student pharmacist must meet all of the | 4 | | requirements for registration as a pharmacy technician set | 5 | | forth in this Section excluding the requirement of | 6 | | certification prior to the second registration renewal and pay | 7 | | the required pharmacy technician registration fees. A student | 8 | | pharmacist may, under the supervision of a pharmacist, assist | 9 | | in the practice of pharmacy and perform any and all functions | 10 | | delegated to him or her by the pharmacist. | 11 | | 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 for | 17 | | no more than 18 months after completion of these hours. These | 18 | | individuals are not required to become registered certified | 19 | | pharmacy technicians while completing their Board approved | 20 | | clinical training, but must become licensed as a pharmacist or | 21 | | become a registered certified pharmacy technician before the | 22 | | second pharmacy technician registration renewal following | 23 | | completion of the Board approved clinical training. | 24 | | The Department shall not renew the pharmacy technician | 25 | | license of any person who has been registered as a "student | 26 | | pharmacist" and has dropped out of or been expelled from an |
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| 1 | | ACPE accredited college of pharmacy, who has failed to complete | 2 | | his or her 1,200 hours of Board approved clinical training | 3 | | within 24 months or who has failed the pharmacist licensure | 4 | | examination 3 times and shall require these individuals to meet | 5 | | the requirements of and become registered as a registered | 6 | | certified pharmacy technician. | 7 | | The Department may
take any action set forth in Section 30 | 8 | | of this Act with regard to registrations
pursuant to this | 9 | | Section.
| 10 | | Any person who is enrolled in a non-traditional Pharm.D.
| 11 | | program at an ACPE accredited college of pharmacy and is a | 12 | | licensed pharmacist
under the laws of another United States | 13 | | jurisdiction shall be permitted to
engage in the program of | 14 | | practice experience required in the academic program
by virtue | 15 | | of such license. Such person shall be exempt from the | 16 | | requirement
of registration as a registered pharmacy | 17 | | technician while engaged in the
program of practice experience | 18 | | required in the academic program.
| 19 | | An applicant for registration as a pharmacy technician may | 20 | | assist a
pharmacist in the practice of pharmacy for a period of | 21 | | up to
60 days prior to the issuance of a certificate of | 22 | | registration if the
applicant has submitted the required fee | 23 | | and an application for registration
to the Department. The | 24 | | applicant shall keep a copy of the submitted
application on the | 25 | | premises where the applicant is assisting in the
practice of | 26 | | pharmacy. The Department shall forward confirmation of receipt |
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| 1 | | of the application with start and expiration dates of practice | 2 | | pending registration.
| 3 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 4 | | (225 ILCS 85/9.5) | 5 | | (Section scheduled to be repealed on January 1, 2018)
| 6 | | Sec. 9.5. Registered certified Certified pharmacy | 7 | | technician. | 8 | | (a) An individual registered as a registered pharmacy | 9 | | technician under this Act may be registered as a registered | 10 | | certified pharmacy technician, if he or she meets all of the | 11 | | following requirements: | 12 | | (1) He or she has submitted a written application in | 13 | | the form and manner prescribed by the Department. | 14 | | (2) He or she has attained the age of 18. | 15 | | (3) He or she is of good moral character, as determined | 16 | | by the Department. | 17 | | (4) He or she has (i) graduated from pharmacy | 18 | | technician training meeting the requirements set forth in | 19 | | subsection (a) of Section 17.1 of this Act or (ii) obtained | 20 | | documentation from the pharmacist-in-charge of the | 21 | | pharmacy where the applicant is employed verifying that he | 22 | | or she has successfully completed a training program and | 23 | | has successfully completed an objective assessment | 24 | | mechanism prepared in accordance with rules established by | 25 | | the Department. |
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| 1 | | (5) He or she has successfully passed an examination | 2 | | accredited by the National Commission for Certifying | 3 | | Agencies National Organization of Certifying Agencies , as | 4 | | approved and required by the Board. | 5 | | (6) He or she has paid the required certification fees. | 6 | | (b) No pharmacist whose license has been denied, revoked, | 7 | | suspended, or restricted for disciplinary purposes may be | 8 | | eligible to be registered as a certified pharmacy technician. | 9 | | (c) The Department may, by rule, establish any additional | 10 | | requirements for certification under this Section.
| 11 | | (d) A person who is not a registered pharmacy technician | 12 | | and meets the requirements of this Section may register as a | 13 | | registered certified pharmacy technician without first | 14 | | registering as a pharmacy technician. | 15 | | (e) As a condition for the renewal of a certificate of | 16 | | registration as a registered certified pharmacy technician, | 17 | | the registrant shall provide evidence to the Department of | 18 | | completion of a total of 20 hours of continuing pharmacy | 19 | | education during the 24 months preceding the expiration date of | 20 | | the certificate. One hour of continuing pharmacy education must | 21 | | be in the subject of pharmacy law. One hour of continuing | 22 | | pharmacy education must be in the subject of patient safety. | 23 | | The continuing education shall be approved by the Accreditation | 24 | | Council on Pharmacy Education. | 25 | | The Department shall establish by rule a means for the | 26 | | verification of completion of the continuing education |
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| 1 | | required by this subsection (e). This verification may be | 2 | | accomplished through audits of records maintained by | 3 | | registrants, by requiring the filing of continuing education | 4 | | certificates with the Department or a qualified organization | 5 | | selected by the Department to maintain such records, or by | 6 | | other means established by the Department. | 7 | | Rules developed under this subsection (e) may provide for a | 8 | | reasonable annual fee, not to exceed $20, to fund the cost of | 9 | | such recordkeeping. The Department shall, by rule, further | 10 | | provide an orderly process for the reinstatement of a | 11 | | registration that has not been renewed due to the failure to | 12 | | meet the continuing pharmacy education requirements of this | 13 | | subsection (e). The Department may waive the requirements of | 14 | | continuing pharmacy education, in whole or in part, in cases of | 15 | | extreme hardship as defined by rule of the Department. The | 16 | | waivers shall be granted for not more than one of any 3 | 17 | | consecutive renewal periods. | 18 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 19 | | (225 ILCS 85/11) (from Ch. 111, par. 4131)
| 20 | | (Section scheduled to be repealed on January 1, 2018)
| 21 | | Sec. 11. Duties of the Department. The Department shall | 22 | | exercise the
powers and duties prescribed by
the Civil | 23 | | Administrative Code of Illinois for the administration of | 24 | | Licensing
Acts and shall exercise such other powers and duties | 25 | | necessary for effectuating
the purpose of this Act. However, |
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| 1 | | the following powers and duties shall be
exercised only upon | 2 | | review
of the Board of
Pharmacy to take such action:
| 3 | | (a) Formulate such rules, not inconsistent with law and | 4 | | subject to
the Illinois Administrative Procedure Act, as may be | 5 | | necessary to carry
out the purposes and enforce the provisions | 6 | | of this Act. The Director
may grant variances from any such | 7 | | rules as provided for in this Section;
| 8 | | (b) The suspension, revocation, placing on probationary
| 9 | | status, reprimand, and refusing to issue or restore any license | 10 | | or
certificate of registration issued under the provisions of | 11 | | this Act
for the reasons set forth in Section 30 of this Act.
| 12 | | (c) The issuance, renewal, restoration or reissuance of any | 13 | | license
or certificate which has been previously refused to be | 14 | | issued or renewed,
or has been revoked, suspended or placed on | 15 | | probationary status.
| 16 | | The granting of variances from rules promulgated pursuant | 17 | | to this Section in
individual cases where there is a finding | 18 | | that:
| 19 | | (1) the provision from which the variance is granted is | 20 | | not statutorily
mandated;
| 21 | | (2) no party will be injured by the granting of the | 22 | | variance; and
| 23 | | (3) the rule from which the variance is granted would, | 24 | | in the particular
case, be unreasonable or unnecessarily | 25 | | burdensome.
| 26 | | The Director shall notify the State Board of Pharmacy of |
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| 1 | | the granting
of such variance and the reasons therefor, at the | 2 | | next meeting of the Board.
| 3 | | (d) The Secretary shall appoint a chief pharmacy | 4 | | coordinator and at least 2 deputy pharmacy coordinators, all of | 5 | | whom shall be registered pharmacists in good standing in this | 6 | | State, shall be graduates of an accredited college of pharmacy | 7 | | or hold, at a minimum, a bachelor of science degree in | 8 | | pharmacy, and shall have at least 5 years of experience in the | 9 | | practice of pharmacy immediately prior to his or her | 10 | | appointment. The chief pharmacy coordinator shall be the | 11 | | executive administrator and the chief enforcement officer of | 12 | | this Act. The deputy pharmacy coordinators shall report to the | 13 | | chief pharmacy coordinator. The Secretary shall assign at least | 14 | | one deputy pharmacy coordinator to a region composed of Cook | 15 | | County and such other counties as the Secretary may deem | 16 | | appropriate, and such deputy pharmacy coordinator shall have | 17 | | his or her primary office in Chicago. The Secretary shall | 18 | | assign at least one deputy pharmacy coordinator to a region | 19 | | composed of the balance of counties in the State, and such | 20 | | deputy pharmacy coordinator shall have his or her primary | 21 | | office in Springfield. | 22 | | (e) The Secretary shall, in conformity with the Personnel | 23 | | Code, employ not less than 4 pharmacy investigators who shall | 24 | | report to the pharmacy coordinator or a deputy pharmacy | 25 | | coordinator. Each pharmacy investigator shall be a graduate of | 26 | | a 4-year college or university and shall (i) have at least 2 |
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| 1 | | years of investigative experience; (ii) have 2 years of | 2 | | responsible pharmacy experience; or (iii) be a licensed | 3 | | pharmacist unless employed as a pharmacy investigator on or | 4 | | before the effective date of this amendatory Act of the 99th | 5 | | General Assembly . The Department shall also employ at least one | 6 | | attorney to prosecute violations of this Act and its rules. The | 7 | | Department may, in conformity with the Personnel Code, employ | 8 | | such clerical and other employees as are necessary to carry out | 9 | | the duties of the Board and Department. | 10 | | The duly authorized pharmacy investigators of the | 11 | | Department shall have the right to enter and inspect, during | 12 | | business hours, any pharmacy or any other place in this State | 13 | | holding itself out to be a pharmacy where medicines, drugs or | 14 | | drug products, or proprietary medicines are sold, offered for | 15 | | sale, exposed for sale, or kept for sale.
| 16 | | (Source: P.A. 95-689, eff. 10-29-07.)
| 17 | | (225 ILCS 85/16c new) | 18 | | Sec. 16c. Medicine locking closure package. | 19 | | (a) As used in this Section: | 20 | | "Medicine locking closure package" means any alphanumeric | 21 | | combination locking closure mechanism that can only be unlocked | 22 | | with a user-generated, resettable alphanumeric code in | 23 | | combination with an amber prescription container that forms a | 24 | | package that allows only the person with a prescription access | 25 | | to the medicine. |
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| 1 | | "Schedule II controlled substance" means a Schedule II | 2 | | controlled substance under the United States Controlled | 3 | | Substances Act and 21 CFR 1308. | 4 | | (b) Subject to appropriation, effective January 1, 2016, | 5 | | the Department shall by rule implement a pilot project | 6 | | requiring that every new or refilled prescription for a | 7 | | Schedule II controlled substance containing hydrocodone | 8 | | dispensed by a pharmacy that voluntarily decides to participate | 9 | | in the pilot program shall only be dispensed in a non-reusable | 10 | | medicine locking closure package. The Department shall not | 11 | | expend more than $150,000 on this pilot program. The Department | 12 | | may contract with third parties to implement the pilot program | 13 | | in whole or in part. | 14 | | (c) The medicine locking closure package must be dispensed | 15 | | by the pharmacy with instructions for patient use unless the | 16 | | prescriber indicates orally, in writing, or electronically | 17 | | that a medicine locking closure package shall not be used. | 18 | | (d) The manufacturer of the medicine locking closure | 19 | | package must make available assistance online or through a | 20 | | toll-free number for patient use. | 21 | | (e) Prescriptions reimbursed via the Medicare Part D and | 22 | | Medicaid programs, including Medicaid managed care plans, are | 23 | | exempt from the provisions of this Section. | 24 | | (f) Prescriptions for individuals residing in facilities | 25 | | licensed under the Nursing Home Care Act are exempt from the | 26 | | provisions of this Section. |
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| 1 | | (g) This Section is repealed on January 1, 2017.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law, except that the changes to Sections 9 and 9.5 of | 4 | | the Pharmacy Practice Act take effect January 1, 2017.
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