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90_HB1497
225 ILCS 85/3 from Ch. 111, par. 4123
225 ILCS 85/4 from Ch. 111, par. 4124
225 ILCS 85/5 from Ch. 111, par. 4125
225 ILCS 85/7 from Ch. 111, par. 4127
225 ILCS 85/9 from Ch. 111, par. 4129
225 ILCS 85/10 from Ch. 111, par. 4130
225 ILCS 85/11 from Ch. 111, par. 4131
225 ILCS 85/12 from Ch. 111, par. 4132
225 ILCS 85/13 from Ch. 111, par. 4133
225 ILCS 85/14 from Ch. 111, par. 4134
225 ILCS 85/15 from Ch. 111, par. 4135
225 ILCS 85/17 from Ch. 111, par. 4137
225 ILCS 85/22 from Ch. 111, par. 4142
225 ILCS 85/22a new
225 ILCS 85/40 new
Amends the Pharmacy Practice Act of 1987. Provides that
the Act does not apply to certified optometrists authorized
to prescribe drugs within the limits of their licenses.
Increases the frequency of applicant examinations to 3 times
per year. Staggers the terms of members of the State Board of
Pharmacy beginning April 1, 1999. Provides that the
Department shall adopt rules concerning labeling in Division
II and Division III pharmacies. Revises definitions. Makes
additional substantive changes.
LRB9004110DPccA
LRB9004110DPccA
1 AN ACT to amend the Pharmacy Practice Act of 1987 by
2 changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 14, 15, 17, and
3 22 and adding Sections 22a and 40.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Pharmacy Practice Act of 1987 is amended
7 by changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 14, 15, 17,
8 and 22 and adding Sections 22a and 40 as follows:
9 (225 ILCS 85/3) (from Ch. 111, par. 4123)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 3. For the purpose of this Act, except where
12 otherwise limited therein:
13 (a) "Pharmacy" or "drugstore" means and includes every
14 store, or shop, pharmacy department, or other place where:
15 (l) pharmaceutical care is provided by a pharmacist (1)
16 where; or (2) drugs, medicines, or poisons are dispensed, or
17 sold or offered for sale at retail,; or displayed for sale at
18 retail; or (2) (3) where prescriptions of physicians,
19 dentists, veterinarians, podiatrists, therapeutically
20 certified optometrists, or other persons authorized by the
21 State to prescribe drugs within the limits of their licenses
22 are compounded, filled, or dispensed; or (3) (4) which has
23 upon it or displayed within it, or affixed to or used in
24 connection with it, a sign bearing the word or words
25 "Pharmacist", "Druggist", "Pharmacy", "Apothecary",
26 "Drugstore", "Medicine Store", "Prescriptions", "Drugs",
27 "Medicines", or any word or words of similar or like import,
28 either in the English language or any other language; or (4)
29 (5) where the characteristic prescription sign (Rx) or
30 similar design is exhibited; or (5) (6) any store, or shop,
31 or other place with respect to which any of the above words,
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1 objects, signs or designs are used in any advertisement.
2 (b) "Drugs" means and includes (l) articles recognized
3 in the official United States Pharmacopoeia/National
4 Formulary (USP/NF), or any supplement thereto and being
5 intended for and having for their main use the diagnosis,
6 cure, mitigation, treatment or prevention of disease in man
7 or other animals, as approved by the United States Food and
8 Drug Administration, but does not include devices or their
9 components, parts, or accessories; and (2) all other articles
10 intended for and having for their main use the diagnosis,
11 cure, mitigation, treatment or prevention of disease in man
12 or other animals, as approved by the United States Food and
13 Drug Administration, but does not include devices or their
14 components, parts, or accessories; and (3) articles (other
15 than food) having for their main use and intended to affect
16 the structure or any function of the body of man or other
17 animals; and (4) articles having for their main use and
18 intended for use as a component or any articles specified in
19 clause (l), (2) or (3); but does not include devices or their
20 components, parts or accessories.
21 (c) "Medicines" means and includes all drugs intended
22 for human or veterinary use approved by the United States
23 Food and Drug Administration.
24 (d) "Practice of pharmacy" means the provision of
25 pharmaceutical care to patients as determined by the
26 pharmacist's professional judgement in the following areas
27 and any other areas as the pharmacist may determine are
28 appropriate, including which may include, but is not limited
29 to, (1) patient counseling, (2) interpretation and assisting
30 in the monitoring of appropriate drug use and prospective
31 drug utilization review, (3) providing information on the
32 therapeutic values, reactions, drug interactions, side
33 effects, uses, selection of medications and medical devices,
34 and outcome of drug therapy, (4) participation in drug
-3- LRB9004110DPccA
1 selection, drug monitoring, drug utilization review,
2 evaluation, administration, interpretation, application of
3 and applying pharmacokinetic and laboratory data to design
4 safe and effective drug regimens, (5) and drug research
5 (clinical and scientific) when applicable in the pharmacist's
6 professional judgment, and (6) compounding and dispensing of
7 drugs and medical devices.
8 (e) "Prescription" means and includes any written, oral,
9 facsimile, or electronically transmitted order for drugs or
10 medical devices, issued by a physician licensed to practice
11 medicine in all its branches, dentist, veterinarian, or
12 podiatrist, therapeutically certified optometrist, or other
13 persons authorized by law to prescribe drugs within the
14 limits of their licenses, containing the following: (l) name
15 of the patient; (2) date when prescription was issued given;
16 (3) name and strength of drug or description of the medical
17 device prescribed; and (4) quantity, (5) directions for use,
18 (6) prescriber's name, address and signature, and (7) DEA
19 number where required, for controlled substances. DEA numbers
20 shall not be required on inpatient drug orders.
21 (f) "Person" means and includes a natural person,
22 copartnership, association, or corporation, government
23 entity, or any other legal entity.
24 (g) "Department" means the Department of Professional
25 Regulation.
26 (h) "Board of Pharmacy" or "Board" means the State Board
27 of Pharmacy of the Department of Professional Regulation.
28 (i) "Director" means the Director of Professional
29 Regulation.
30 (j) "Drug product selection" means the interchange for a
31 prescribed pharmaceutical product in accordance with Section
32 25 of this Act and Section 3.14 of the Illinois Food, Drug
33 and Cosmetic Act.
34 (k) "Inpatient drug order" means an order issued by an
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1 authorized prescriber for a resident or patient of a facility
2 licensed under the Nursing Home Care Act or the Hospital
3 Licensing Act, or "An Act in relation to the founding and
4 operation of the University of Illinois Hospital and the
5 conduct of University of Illinois health care programs",
6 approved July 3, 1931, as amended, or a facility which is
7 operated by the Department of Mental Health and Developmental
8 Disabilities or the Department of Corrections.
9 (k-5) "Pharmacist" means an individual currently
10 licensed by this State to engage in the practice of pharmacy.
11 (l) "Pharmacist in charge" means the licensed pharmacist
12 whose name appears on a pharmacy license who is responsible
13 for all aspects of the operation related to the practice of
14 pharmacy.
15 (m) "Dispense" means the delivery of drugs and medical
16 devices, in accordance with applicable State and federal laws
17 and regulations, to the patient or the patient's
18 representative authorized to receive these products,
19 including the compounding, packaging, and labeling necessary
20 for delivery, and patient counseling any recommending or
21 advising concerning the contents and therapeutic values and
22 uses thereof.
23 (n) "Mail-order pharmacy" means a pharmacy that is
24 located in a state of the United States, other than Illinois,
25 that delivers, dispenses or distributes, through the United
26 States Postal Service or other common carrier, to Illinois
27 residents, any substance which requires a prescription.
28 (o) "Compounding" means the preparation, mixing,
29 assembling, packaging, or labeling of a drug or medical
30 device: (1) as the result of a practitioner's prescription
31 drug order or initiative that is dispensed pursuant to a
32 prescription in the course of professional practice; or (2)
33 for the purpose of, or incident to, research, teaching, or
34 chemical analysis and not for sale or dispensing a
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1 prescriber's order; or (3) the preparation of drugs or
2 medical devices in anticipation of prescription drug orders
3 based on routine, regularly observed prescribing patterns.
4 (p) "Confidential information" means information that
5 the pharmacist is responsible for maintaining, maintained by
6 the pharmacist in the patient's records, released only (i) to
7 the patient or, as the patient directs, to other
8 practitioners and other pharmacists or (ii) to any other
9 person or governmental agency authorized by law to receive
10 the information.
11 (q) "Prospective drug review" or "drug utilization
12 evaluation" means a review of the screening for potential
13 drug therapy problems due to therapeutic duplication,
14 drug-disease contraindications, drug-drug interactions
15 (including serious interactions with nonprescription or
16 over-the-counter drugs), drug-food interactions, incorrect
17 drug dosage or duration of drug treatment, drug-allergy
18 interactions, and clinical abuse or misuse.
19 (r) "Patient counseling" means the communication between
20 a pharmacist and patient or the patient's caregiver about the
21 patient's medication for the purpose of optimizing proper use
22 of prescription medications, over-the-counter medications,
23 or devices. Counseling shall be performed face-to-face when
24 possible and shall be supplemented with alternate forms of
25 communication when appropriate. While patient counseling must
26 be performed by a pharmacist or student pharmacist under the
27 direct supervision of a pharmacist, the offer to counsel
28 shall be made by the pharmacist or by an individual licensed
29 under this Act. offer to counsel shall be made by the
30 pharmacist or the pharmacist's designee in a face-to-face
31 communication with the patient, unless, in the professional
32 judgment of the pharmacists it is deemed inappropriate or
33 unnecessary. In such instances, it would be permissible for
34 the offer to counsel to be made in a written communication,
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1 by telephone or in a manner determined by the pharmacist to
2 be appropriate.
3 (s) "Patient profiles" or "patient drug therapy record"
4 means the obtaining, recording, and maintenance of patient
5 prescription, medical, and personal information.
6 (t) "Pharmaceutical care" includes, but is not limited
7 to, the act of monitoring drug use and other patient care
8 services intended to achieve outcomes that improve the
9 patient's quality of life but shall not include the sale of
10 over-the-counter drugs by a seller of goods and services who
11 does not dispense prescription drugs.
12 (u) "Medical device" means an instrument, apparatus,
13 implement, machine, contrivance, implant, in vitro reagent,
14 or other similar or related article, including any component
15 part or accessory, required under federal law to bear the
16 label "Caution: Federal law requires dispensing by or on the
17 order of a physician". A seller of goods and services who,
18 only for the purpose of retail sales, compounds, sells,
19 rents, or leases medical devices shall not, by reasons
20 thereof, be required to be a licensed pharmacy.
21 (Source: P.A. 89-202, eff. 7-21-95.)
22 (Text of Section after amendment by P.A. 89-507)
23 Sec. 3. Definitions. For the purpose of this Act, except
24 where otherwise limited therein:
25 (a) "Pharmacy" or "drugstore" means and includes every
26 store, or shop, pharmacy department, or other place where:
27 (l) pharmaceutical care is provided by a pharmacist (1)
28 where; or (2) drugs, medicines, or poisons are dispensed, or
29 sold or offered for sale at retail,; or displayed for sale at
30 retail; or (2) (3) where prescriptions of physicians,
31 dentists, veterinarians, podiatrists, therapeutically
32 certified optometrists, or other persons authorized by the
33 State to prescribe drugs within the limits of their licenses
34 are compounded, filled, or dispensed; or (3) (4) which has
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1 upon it or displayed within it, or affixed to or used in
2 connection with it, a sign bearing the word or words
3 "Pharmacist", "Druggist", "Pharmacy", "Apothecary",
4 "Drugstore", "Medicine Store", "Prescriptions", "Drugs",
5 "Medicines", or any word or words of similar or like import,
6 either in the English language or any other language; or (4)
7 (5) where the characteristic prescription sign (Rx) or
8 similar design is exhibited; or (5) (6) any store, or shop,
9 or other place with respect to which any of the above words,
10 objects, signs or designs are used in any advertisement.
11 (b) "Drugs" means and includes (l) articles recognized
12 in the official United States Pharmacopoeia/National
13 Formulary (USP/NF), or any supplement thereto and being
14 intended for and having for their main use the diagnosis,
15 cure, mitigation, treatment or prevention of disease in man
16 or other animals, as approved by the United States Food and
17 Drug Administration, but does not include devices or their
18 components, parts, or accessories; and (2) all other articles
19 intended for and having for their main use the diagnosis,
20 cure, mitigation, treatment or prevention of disease in man
21 or other animals, as approved by the United States Food and
22 Drug Administration, but does not include devices or their
23 components, parts, or accessories; and (3) articles (other
24 than food) having for their main use and intended to affect
25 the structure or any function of the body of man or other
26 animals; and (4) articles having for their main use and
27 intended for use as a component or any articles specified in
28 clause (l), (2) or (3); but does not include devices or their
29 components, parts or accessories.
30 (c) "Medicines" means and includes all drugs intended
31 for human or veterinary use approved by the United States
32 Food and Drug Administration.
33 (d) "Practice of pharmacy" means the provision of
34 pharmaceutical care to patients as determined by the
-8- LRB9004110DPccA
1 pharmacist's professional judgement in the following areas
2 and any other areas as the pharmacist may determine are
3 appropriate, including which may include, but is not limited
4 to, (1) patient counseling, (2) interpretation and assisting
5 in the monitoring of appropriate drug use and prospective
6 drug utilization review, (3) providing information on the
7 therapeutic values, reactions, drug interactions, side
8 effects, uses, selection of medications and medical devices,
9 and outcome of drug therapy, (4) participation in drug
10 selection, drug monitoring, drug utilization review,
11 evaluation, administration, interpretation, application of
12 and applying pharmacokinetic and laboratory data to design
13 safe and effective drug regimens, (5) and drug research
14 (clinical and scientific) when applicable in the pharmacist's
15 professional judgment, and (6) compounding and dispensing of
16 drugs and medical devices.
17 (e) "Prescription" means and includes any written, oral,
18 facsimile, or electronically transmitted order for drugs or
19 medical devices, issued by a physician licensed to practice
20 medicine in all its branches, dentist, veterinarian, or
21 podiatrist, therapeutically certified optometrist, or other
22 persons authorized by law to prescribe drugs within the
23 limits of their licenses, containing the following: (l) name
24 of the patient; (2) date when prescription was issued given;
25 (3) name and strength of drug or description of the medical
26 device prescribed; and (4) quantity, (5) directions for use,
27 (6) prescriber's name, address and signature, and (7) DEA
28 number where required, for controlled substances. DEA numbers
29 shall not be required on inpatient drug orders.
30 (f) "Person" means and includes a natural person,
31 copartnership, association, or corporation, government
32 entity, or any other legal entity.
33 (g) "Department" means the Department of Professional
34 Regulation.
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1 (h) "Board of Pharmacy" or "Board" means the State Board
2 of Pharmacy of the Department of Professional Regulation.
3 (i) "Director" means the Director of Professional
4 Regulation.
5 (j) "Drug product selection" means the interchange for a
6 prescribed pharmaceutical product in accordance with Section
7 25 of this Act and Section 3.14 of the Illinois Food, Drug
8 and Cosmetic Act.
9 (k) "Inpatient drug order" means an order issued by an
10 authorized prescriber for a resident or patient of a facility
11 licensed under the Nursing Home Care Act or the Hospital
12 Licensing Act, or "An Act in relation to the founding and
13 operation of the University of Illinois Hospital and the
14 conduct of University of Illinois health care programs",
15 approved July 3, 1931, as amended, or a facility which is
16 operated by the Department of Human Services (as successor to
17 the Department of Mental Health and Developmental
18 Disabilities) or the Department of Corrections.
19 (k-5) "Pharmacist" means an individual currently
20 licensed by this State to engage in the practice of pharmacy.
21 (l) "Pharmacist in charge" means the licensed pharmacist
22 whose name appears on a pharmacy license who is responsible
23 for all aspects of the operation related to the practice of
24 pharmacy.
25 (m) "Dispense" means the delivery of drugs and medical
26 devices, in accordance with applicable State and federal laws
27 and regulations, to the patient or the patient's
28 representative authorized to receive these products,
29 including the compounding, packaging, and labeling necessary
30 for delivery, and patient counseling any recommending or
31 advising concerning the contents and therapeutic values and
32 uses thereof.
33 (n) "Mail-order pharmacy" means a pharmacy that is
34 located in a state of the United States, other than Illinois,
-10- LRB9004110DPccA
1 that delivers, dispenses or distributes, through the United
2 States Postal Service or other common carrier, to Illinois
3 residents, any substance which requires a prescription.
4 (o) "Compounding" means the preparation, mixing,
5 assembling, packaging, or labeling of a drug or medical
6 device: (1) as the result of a practitioner's prescription
7 drug order or initiative that is dispensed pursuant to a
8 prescription in the course of professional practice; or (2)
9 for the purpose of, or incident to, research, teaching, or
10 chemical analysis and not for sale or dispensing a
11 prescriber's order; or (3) the preparation of drugs or
12 medical devices in anticipation of prescription drug orders
13 based on routine, regularly observed prescribing patterns.
14 (p) "Confidential information" means information that
15 the pharmacist is responsible for maintaining, maintained by
16 the pharmacist in the patient's records, released only (i) to
17 the patient or, as the patient directs, to other
18 practitioners and other pharmacists or (ii) to any other
19 person or governmental agency authorized by law to receive
20 the information.
21 (q) "Prospective drug review" or "drug utilization
22 evaluation" means a review of the screening for potential
23 drug therapy problems due to therapeutic duplication,
24 drug-disease contraindications, drug-drug interactions
25 (including serious interactions with nonprescription or
26 over-the-counter drugs), drug-food interactions, incorrect
27 drug dosage or duration of drug treatment, drug-allergy
28 interactions, and clinical abuse or misuse.
29 (r) "Patient counseling" means the communication between
30 a pharmacist and patient or the patient's caregiver about the
31 patient's medication for the purpose of optimizing proper use
32 of prescription medications, over-the-counter medications, or
33 devices. Counseling shall be performed face-to-face when
34 possible and shall be supplemented with alternate forms of
-11- LRB9004110DPccA
1 communication when appropriate. While patient counseling must
2 be performed by a pharmacist or student pharmacist under the
3 direct supervision of a pharmacist, the offer to counsel
4 shall be made by the pharmacist or by an individual licensed
5 under this Act. offer to counsel shall be made by the
6 pharmacist or the pharmacist's designee in a face-to-face
7 communication with the patient, unless, in the professional
8 judgment of the pharmacists it is deemed inappropriate or
9 unnecessary. In such instances, it would be permissible for
10 the offer to counsel to be made in a written communication,
11 by telephone or in a manner determined by the pharmacist to
12 be appropriate.
13 (s) "Patient profiles" or "patient drug therapy record"
14 means the obtaining, recording, and maintenance of patient
15 prescription, medical, and personal information.
16 (t) "Pharmaceutical care" includes, but is not limited
17 to, the act of monitoring drug use and other patient care
18 services intended to achieve outcomes that improve the
19 patient's quality of life but shall not include the sale of
20 over-the-counter drugs by a seller of goods and services who
21 does not dispense prescription drugs.
22 (u) "Medical device" means an instrument, apparatus,
23 implement, machine, contrivance, implant, in vitro reagent,
24 or other similar or related article, including any component
25 part or accessory, required under federal law to bear the
26 label "Caution: Federal law requires dispensing by or on the
27 order of a physician". A seller of goods and services who,
28 only for the purpose of retail sales, compounds, sells,
29 rents, or leases medical devices shall not, by reasons
30 thereof, be required to be a licensed pharmacy.
31 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
32 (225 ILCS 85/4) (from Ch. 111, par. 4124)
33 Sec. 4. Exemptions. Nothing contained in any Section of
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1 this Act shall apply to, or in any manner interfere with;
2 (a) the lawful practice of any physician, dentist,
3 podiatrist, veterinarian, certified optometrist, or other
4 persons authorized to prescribe drugs within the limits of
5 their licenses, or prevent him from supplying to his bona
6 fide patients such drugs, medicines, or poisons as may seem
7 to him appropriate proper;
8 (b) the sale of compressed gases;
9 (c) the sale of patent or proprietary medicines and
10 household remedies when sold in original and unbroken
11 packages only, if such patent or proprietary medicines and
12 household remedies be properly and adequately labeled as to
13 content and usage and generally considered and accepted as
14 harmless and nonpoisonous when used according to the
15 directions on the label, and also do not contain opium or
16 coca leaves, or any compound, salt or derivative thereof, or
17 any drug which, according to the latest editions of the
18 following authoritative pharmaceutical treatises and
19 standards, namely, The United States Pharmacopoeia/National
20 Formulary (USP/NF), the United States Dispensatory, and the
21 Accepted Dental Remedies of the Council of Dental
22 Therapeutics of the American Dental Association or any or
23 either of them, in use on the effective date of this Act, or
24 according to the existing provisions of the Federal Food,
25 Drug, and Cosmetic Act and Regulations of the Department of
26 Health and Human Services, Food and Drug Administration,
27 promulgated thereunder now in effect, is designated,
28 described or considered as a narcotic, hypnotic, habit
29 forming, dangerous, or poisonous drug;
30 (d) the sale of poultry and livestock remedies in
31 original and unbroken packages only, labeled for poultry and
32 livestock medication; and
33 (e) the sale of poisonous substances or mixture of
34 poisonous substances, in unbroken packages, for nonmedicinal
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1 use in the arts or industries or for insecticide purposes;
2 provided, they are properly and adequately labeled as to
3 content and such nonmedicinal usage, in conformity with the
4 provisions of all applicable federal, state and local laws
5 and regulations promulgated thereunder now in effect relating
6 thereto and governing the same, and those which are required
7 under such applicable laws and regulations to be labeled with
8 the word "Poison", are also labeled with the word "Poison"
9 printed thereon in prominent type and the name of a readily
10 obtainable antidote with directions for its administration.
11 (Source: P.A. 85-796.)
12 (225 ILCS 85/5) (from Ch. 111, par. 4125)
13 Sec. 5. Application of Act.
14 (a) It shall be unlawful for any person to engage in the
15 practice of pharmacy in this State and it shall be unlawful
16 for any employer to allow any person in his or her employ to
17 engage in the practice of pharmacy in this State, unless such
18 person who shall engage in the practice of pharmacy in this
19 State shall be first authorized to do so under the provisions
20 of this Act except that it shall be lawful for any person to
21 engage in and any person shall have the authority to engage
22 in the practice of pharmacy in this State through an agent or
23 employee who shall then be the holder of a valid and
24 unexpired license under the provisions of this Act and who
25 shall then carry on such practice of pharmacy on behalf of
26 his principal or employer to the extent and within the limits
27 of the authority applicable to his license.
28 (b) Nothing contained in this Act shall be construed to
29 invalidate any existing valid and unexpired certificate of
30 registration, nor any existing rights or privileges
31 thereunder, of any registered pharmacist, registered
32 assistant pharmacist, local registered pharmacist, or
33 registered pharmacy apprentice, in force on January 1, 1956
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1 and issued under any prior Act of this State also in force on
2 January 1, 1956. Every person holding such a certificate of
3 registration shall have the authority to practice under this
4 Act, but shall be subject to the same limitations and
5 restrictions as were applicable to him or her in the Act
6 under which his or her certificate of registration was
7 issued. Each such certificate may be renewed as provided in
8 Section 12.
9 (c) It shall be unlawful for any person to take, use or
10 exhibit any word, object, sign or design described in
11 subsection (a) of Section 3 in connection with any drug
12 store, shop or other place or in any other manner to
13 advertise or hold himself out as operating or conducting a
14 drug store unless such drug store, shop, pharmacy department
15 or other place shall be operated and conducted in compliance
16 with the provisions of this Act.
17 (Source: P.A. 85-796.)
18 (225 ILCS 85/7) (from Ch. 111, par. 4127)
19 Sec. 7. Application; examination. Applications for
20 original licenses shall be made to the Department in writing
21 on forms prescribed by the Department and shall be
22 accompanied by the required fee, which shall not be
23 refundable. Any such application shall require such
24 information as in the judgment of the Department will enable
25 the Board and Department to pass on the qualifications of the
26 applicant for a license.
27 The Department shall authorize examinations of applicants
28 as pharmacists not less than 3 times per twice a year at such
29 times and places as it may determine. The examination of
30 applicants shall be of a character to give a fair test of the
31 qualifications of the applicant to practice pharmacy.
32 Applicants for examination as pharmacists shall be
33 required to pay, either to the Department or the designated
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1 testing service, a fee covering the cost of providing the
2 examination. Failure to appear for the examination on the
3 scheduled date, at the time and place specified, after the
4 applicant's application for examination has been received and
5 acknowledged by the Department or the designated testing
6 service, shall result in the forfeiture of the examination
7 fee. The examination shall be developed and provided by the
8 National Association of Boards of Pharmacy.
9 If an applicant neglects, fails or refuses to take an
10 examination or fails to pass an examination for a license
11 under this Act within 3 years after filing his application,
12 the application is denied. However, such applicant may
13 thereafter make a new application accompanied by the required
14 fee and show evidence of meeting the requirements in force at
15 the time of the new application.
16 The Department shall notify applicants taking the
17 examination of their results within 7 weeks of the
18 examination date. Further, the Department shall have the
19 authority to immediately authorize such applicants who
20 successfully pass the examination to engage in the practice
21 of pharmacy.
22 An applicant shall have one year from the date of
23 notification of successful completion of the examination to
24 apply to the Department for a license. If an applicant fails
25 to make such application within one year the applicant shall
26 be required to again take and pass the examination.
27 The Department may employ consultants for the purpose of
28 preparing and conducting examinations.
29 (Source: P.A. 88-428.)
30 (225 ILCS 85/9) (from Ch. 111, par. 4129)
31 Sec. 9. Registration as pharmacy technician. Any person
32 shall be entitled to registration as a registered pharmacy
33 technician who is of the age of 16 or over, who has not
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1 engaged in conduct or behavior determined to be grounds for
2 discipline under this Act, is of and temperate habits, is
3 attending or has graduated a graduate from an accredited high
4 school or comparable school or educational institution, and
5 who has filed a written application for registration
6 therefor, on a form to be prescribed and furnished by the
7 Department for that purpose. The Department shall issue a
8 certificate of registration as a registered pharmacy
9 technician to any applicant who has qualified as aforesaid,
10 and such registration shall be the sole authority required to
11 assist licensed pharmacists in the practice of pharmacy,
12 under the personal supervision of a licensed pharmacist. Any
13 person registered as a pharmacy technician who is also
14 enrolled in a first professional degree program in pharmacy
15 in a school or college of pharmacy or a department of
16 pharmacy of a university approved by the Department shall be
17 considered a "student pharmacist" and entitled to use the
18 title "student pharmacist". The Department, upon the
19 recommendation of the Board, may take any action set forth in
20 Section 30 of this Act with regard to certificates pursuant
21 to this Section.
22 Any person who is enrolled in a non-traditional PharmD
23 program at an ACPE accredited college of pharmacy the
24 University of Illinois at Chicago College of Pharmacy
25 Continuation Curriculum Option leading to the Doctor of
26 Pharmacy degree and is a licensed pharmacist under the laws
27 of another United States jurisdiction shall be permitted to
28 engage in the program of practice experience required in the
29 academic program Continuation Curriculum Option by virtue of
30 such license. Such person shall be exempt from the
31 requirement of registration as a registered pharmacy
32 technician while engaged in the program of practice
33 experience required in the academic program Continuation
34 Curriculum Option.
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1 An applicant for registration as a pharmacy technician
2 may assist a registered pharmacist in the practice of
3 pharmacy for a period of up to 60 days prior to the issuance
4 of a certificate of registration if the applicant has
5 submitted the required fee and an application for
6 registration to the Department. The applicant shall keep a
7 copy of the submitted application on the premises where the
8 applicant is assisting in the practice of pharmacy.
9 (Source: P.A. 86-596; 87-1237.)
10 (225 ILCS 85/10) (from Ch. 111, par. 4130)
11 Sec. 10. State Board of Pharmacy. There is created in the
12 Department the State Board of Pharmacy. It shall consist of 9
13 members, 7 of whom shall be licensed pharmacists. Each of
14 those 7 members must be a licensed pharmacist in good
15 standing in this State, a graduate of an accredited college
16 of pharmacy or hold a Bachelor of Science degree in Pharmacy
17 and have at least 5 years' practical experience in the
18 practice of pharmacy subsequent to the date of his licensure
19 as a licensed pharmacist in the State of Illinois. There
20 shall be 2 public members, who shall be voting members, who
21 shall not be licensed pharmacists in this State or any other
22 state.
23 Each member shall be appointed by the Governor.
24 The terms of all members serving as a April 1, 1999 shall
25 expire on that date. The Governor shall appoint 3 persons to
26 serve a one-year term, 3 persons to serve a 3-year term, and
27 3 persons to serve a 5-year term to begin April 1, 1999. No
28 member shall be eligible to serve more than 12 consecutive
29 years. Members shall be appointed to 5 year terms. No member
30 shall be eligible to serve for or during more than 2
31 successive terms. Members serving on the effective date of
32 this Act shall complete their current term and be eligible to
33 serve one additional term.
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1 In making the appointment of members on the Board, the
2 Governor shall give due consideration to recommendations by
3 the members of the profession of pharmacy and by
4 pharmaceutical organizations therein. The Governor shall
5 notify the pharmaceutical organizations promptly of any
6 vacancy of members on the Board and in appointing members
7 shall give consideration to individuals engaged in all types
8 and settings of pharmacy practice.
9 The Governor may remove any member of the Board for
10 misconduct, incapacity or neglect of duty and he shall be the
11 sole judge of the sufficiency of the cause for removal.
12 Every person appointed a member of the Board shall take
13 and subscribe the constitutional oath of office and file it
14 with the Secretary of State. Each member of the Board shall
15 be reimbursed for such actual and legitimate expenses as he
16 may incur in going to and from the place of meeting and
17 remaining thereat during sessions of the Board. In addition,
18 each member of the Board shall receive a per diem payment in
19 an amount determined from time to time by the Director for
20 attendance at meetings of the Board and conducting other
21 official business of the Board.
22 The Board shall hold quarterly meetings and an annual
23 meeting in January of each year and such other meetings at
24 such times and places and upon such notice as the Board may
25 determine and as its business may require. Five members of
26 the Board shall constitute a quorum for the transaction of
27 business. The Director shall appoint a pharmacy coordinator,
28 who shall be someone other than a member of the Board. The
29 pharmacy coordinator shall be a registered pharmacist in good
30 standing in this State, shall be a graduate of an accredited
31 college of pharmacy, or hold at a minimum a Bachelor of
32 Science degree in Pharmacy and shall have at least 5 years'
33 experience in the practice of pharmacy immediately prior to
34 his appointment. The pharmacy coordinator shall be the
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1 executive administrator and the chief enforcement officer of
2 the "Pharmacy Practice Act".
3 The Board shall exercise the rights, powers and duties
4 which have been vested in the Board under this Act, and any
5 other duties conferred upon the Board by law.
6 The Director shall, in conformity with the Personnel
7 Code, employ not less than 7 pharmacy investigators and 2
8 pharmacy supervisors. Each pharmacy investigator and each
9 supervisor shall be a registered pharmacist in good standing
10 in this State, and shall be a graduate of an accredited
11 college of pharmacy and have at least 5 years of experience
12 in the practice of pharmacy. The Department shall also employ
13 at least one attorney who is a pharmacist to prosecute
14 violations of this Act and its rules. The Department shall
15 also employ one pharmacist who is an attorney. The Department
16 may, in conformity with the Personnel Code, employ such
17 clerical and other employees as are necessary to carry out
18 the duties of the Board.
19 The duly authorized pharmacy investigators of the
20 Department shall have the right to enter and inspect during
21 business hours any pharmacy or any other place in the State
22 of Illinois holding itself out to be a pharmacy where
23 medicines or drugs or drug products or proprietary medicines
24 are sold, offered for sale, exposed for sale, or kept for
25 sale. The pharmacy investigators shall be the only Department
26 investigators authorized to inspect, investigate, and monitor
27 probation compliance of pharmacists and pharmacies.
28 The Board shall render annually to the Director a report
29 of their proceedings during the preceding year, together with
30 such other information and recommendations as the Board deems
31 proper.
32 (Source: P.A. 87-1237; 88-428.)
33 (225 ILCS 85/11) (from Ch. 111, par. 4131)
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1 Sec. 11. Duties of the Department. The Department shall
2 exercise the powers and duties prescribed by the Civil
3 Administrative Code of Illinois for the administration of
4 Licensing Acts and shall exercise such other powers and
5 duties necessary for effectuating the purpose of this Act.
6 However, the following powers and duties shall be exercised
7 only upon action and report in writing of a majority of the
8 Board of Pharmacy to take such action:
9 (a) Formulate such rules, not inconsistent with law and
10 subject to the Illinois Administrative Procedure Act, as may
11 be necessary to carry out the purposes and enforce the
12 provisions of this Act. The Director may grant variances
13 from any such rules as provided for in this Section;
14 (b) The suspension, revocation, censuring, placing on
15 probationary status, reprimand, and refusing to issue or
16 restore any license or certificate of registration issued
17 under the provisions of this Act for the reasons set forth in
18 Section 30 of this Act.
19 (c) The issuance, renewal, restoration or reissuance of
20 any license or certificate which has been previously refused
21 to be issued or renewed, or has been revoked, suspended or
22 placed on probationary status.
23 The granting of variances from rules promulgated pursuant
24 to this Section in individual cases where there is a finding
25 that:
26 (1) the provision from which the variance is
27 granted is not statutorily mandated;
28 (2) no party will be injured by the granting of the
29 variance; and
30 (3) the rule from which the variance is granted
31 would, in the particular case, be unreasonable or
32 unnecessarily burdensome.
33 The Director shall notify the State Board of Pharmacy of
34 the granting of such variance and the reasons therefor, at
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1 the next meeting of the Board.
2 (Source: P.A. 88-428.)
3 (225 ILCS 85/12) (from Ch. 111, par. 4132)
4 Sec. 12. Expiration of license; renewal. The expiration
5 date and renewal period for each license and certificate of
6 registration issued under this Act shall be set by rule.
7 As a condition for the renewal of a certificate of
8 registration as a registered pharmacist, the registrant shall
9 provide evidence to the Department of completion of a total
10 of 30 hours of pharmacy continuing education during the 2
11 calendar years preceding the expiration date of the
12 certificate. Such continuing education shall be approved by
13 the American Council on Pharmaceutical Education.
14 The Department shall establish by rule a means for the
15 verification of completion of the continuing education
16 required by this Section. This verification may be
17 accomplished through audits of records maintained by
18 registrants, by requiring the filing of continuing education
19 certificates with the Department or a qualified organization
20 selected by the Department to maintain such records or by
21 other means established by the Department.
22 Rules developed under this Section may provide for a
23 reasonable biennial fee, not to exceed $20, to fund the cost
24 of such recordkeeping. The Department shall, by rule, further
25 provide an orderly process for the reinstatement of licenses
26 which have not been renewed due to the failure to meet the
27 continuing education requirements of this Section. The
28 requirements of continuing education may be waived, in whole
29 or in part, in cases of extreme hardship as defined by rule
30 of the Department. Such waivers shall be granted for not more
31 than one of any 3 consecutive renewal periods.
32 Any pharmacist who has permitted his license to expire or
33 who has had his license on inactive status may have his
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1 license restored by making application to the Department and
2 filing proof acceptable to the Department of his fitness to
3 have his license restored, and by paying the required
4 restoration fee. The Department shall determine, by an
5 evaluation program established by rule his fitness for
6 restoration of his license and shall establish procedures and
7 requirements for such restoration. However, any pharmacist
8 who demonstrates that he has continuously maintained active
9 practice in another jurisdiction pursuant to a license in
10 good standing, and who has substantially complied with the
11 continuing education requirements of this Section shall not
12 be subject to further evaluation for purposes of this
13 Section.
14 Any licensee who shall engage in the practice for which
15 his or her license was issued while the license is expired
16 lapsed or on inactive status shall be considered to be
17 practicing without a license which, shall be grounds for
18 discipline under Section 30 of this Act.
19 Any pharmacy operating on an expired a lapsed license is
20 engaged in the unlawful practice of pharmacy and is subject
21 to discipline under Section 30 of this Act. A pharmacy whose
22 license has been expired lapsed for one year or more may not
23 have its license restored but must apply for a new license
24 and meet all requirements for licensure. Any pharmacy whose
25 license has been expired lapsed for less than one year may
26 apply for restoration of its license and shall have its
27 license restored.
28 However, any pharmacist whose license expired while he
29 was (l) in Federal Service on active duty with the Armed
30 Forces of the United States, or the State Militia called into
31 service or training, or (2) in training or education under
32 the supervision of the United States preliminary to induction
33 into the military service, may have his license or
34 certificate restored without paying any lapsed renewal fees,
-23- LRB9004110DPccA
1 if within 2 years after honorable termination of such
2 service, training or education he furnishes the Department
3 with satisfactory evidence to the effect that he has been so
4 engaged and that his service, training or education has been
5 so terminated.
6 (Source: P.A. 85-796; 86-1434; 86-1472.)
7 (225 ILCS 85/13) (from Ch. 111, par. 4133)
8 Sec. 13. Any pharmacist who notifies the Department, in
9 writing on forms prescribed by the Department, may elect to
10 place his license on an inactive status and shall be excused
11 from payment of renewal fees and completion of continuing
12 education requirements until he notifies the Department in
13 writing of his intent to restore his license.
14 Any pharmacist requesting restoration from inactive
15 status shall be required to pay the current renewal fee and
16 shall be required to restore his license or certificate, as
17 provided by rule of the Department.
18 Any pharmacist whose license is in an inactive status
19 shall not practice in the State of Illinois.
20 Neither a pharmacy license nor a pharmacy technician
21 license may be placed on inactive status.
22 Continued practice on a license which has lapsed or been
23 placed on inactive status shall be considered to be
24 practicing without a license.
25 (Source: P.A. 85-796.)
26 (225 ILCS 85/14) (from Ch. 111, par. 4134)
27 Sec. 14. Structural and equipment requirements. No person
28 shall establish or move to a new location any pharmacy unless
29 the pharmacy is licensed with the Department and has on file
30 with the Department a verified statement that:
31 (1) 1. such pharmacy is or will be engaged in the
32 practice of pharmacy; and
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1 (2) 2. such pharmacy will have in stock and shall
2 maintain sufficient drugs and materials as to protect the
3 public within 30 days after the issuance of the
4 registration of the pharmacy.
5 Division I, II, III, IV, or V pharmacies Every pharmacy
6 shall be in a suitable, well-lighted and well-ventilated area
7 with at least 300 square feet of clean and sanitary
8 contiguous space and shall be suitably equipped for
9 compounding prescriptions, storage of drugs and sale of drugs
10 and to otherwise conduct the practice of pharmacy. The space
11 occupied shall be equipped with a sink with hot and cold
12 running water or facilities for heating water, proper sewage
13 outlet, refrigeration storage equipment, and such fixtures,
14 facilities, drugs, equipment and material, which shall
15 include the current editions of the United States
16 Pharmacopoeia/DI, Facts and Comparisons, or any other current
17 compendium approved by the Department, and other such
18 reference works, as will enable a pharmacist to practice
19 pharmacy, including this Act and the rules promulgated under
20 this Act. Such pharmacy shall have the following items:
21 accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and
22 a prescription balance equipped with balance indicator and
23 with mechanical means of arresting the oscillations of the
24 mechanism and which balance shall be sensitive to 0.5 grain
25 (32 mg) or less or an alternative weighing device as approved
26 by the Department, and such other measuring devices as may be
27 necessary for the conduct of the practice of pharmacy.
28 The provisions of this Section with regard to 300 square
29 feet of space shall apply to any pharmacy which is opened
30 after the effective date of this Act. Nothing shall require
31 a pharmacy in existence on the effective date of this Act
32 which is comprised of less than 300 square feet to provide
33 additional space to meet these requirements.
34 (Source: P.A. 87-1237; 88-428.)
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1 (225 ILCS 85/15) (from Ch. 111, par. 4135)
2 (Text of Section before amendment by P.A. 89-507)
3 Sec. 15. It shall be unlawful for the owner of any
4 pharmacy, as drugstore, shop, pharmacy department or other
5 place in this State, defined in this Act as a "pharmacy" or
6 as a "drug store", to operate or conduct the same, or to
7 allow the same to be operated or conducted, unless:
8 (a) It has a licensed pharmacist, authorized to practice
9 pharmacy in this State under the provisions of this Act, on
10 duty whenever the practice of pharmacy is conducted pharmacy
11 within the establishment is open to the public;
12 (b) Security provisions for all drugs and devices, as
13 determined by rule of the Department, are provided during the
14 absence from the licensed pharmacy of all licensed
15 pharmacists. Maintenance of security provisions is the
16 responsibility of the licensed registered pharmacist in
17 charge; and
18 (c) The pharmacy is licensed under this Act to do
19 business.
20 The Department shall, by rule, provide requirements for
21 each division of pharmacy license and shall, as well provide
22 guidelines for the designation of a registered pharmacist in
23 charge for each division.
24 Division I. Retail Licenses for pharmacies which are
25 open to, or offer pharmacy services to, the general public.
26 Division II. Licenses for pharmacies whose primary
27 pharmacy service is provided to patients or residents of
28 facilities licensed under the Nursing Home Care Act or the
29 Hospital Licensing Act, or "An Act in relation to the
30 founding and operation of the University of Illinois Hospital
31 and the conduct of University of Illinois health care
32 programs", approved July 3, 1931, as amended, and which are
33 not located in the facilities they serve.
34 Division III. Licenses for pharmacies which are located
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1 in a facility licensed under the Nursing Home Care Act or the
2 Hospital Licensing Act, or "An Act in relation to the
3 founding and operation of the University of Illinois Hospital
4 and the conduct of University of Illinois health care
5 programs", approved July 3, 1931, as amended, or a facility
6 which is operated by the Department of Mental Health and
7 Developmental Disabilities or the Department of Corrections,
8 and which provide pharmacy services to residents or patients
9 of the facility, as well as employees, prescribers and
10 students of the facility.
11 Division IV. Licenses for pharmacies which provide or
12 offer for sale radioactive materials.
13 Division V. Licenses for pharmacies which hold licenses
14 in Division II or Division III which also provide pharmacy
15 services to the general public, or pharmacies which are
16 located in or whose primary pharmacy service is to ambulatory
17 care facilities or schools of veterinary medicine or other
18 such institution or facility.
19 Division VI. Licenses for pharmacies that exclusively
20 provide patient-specific consulting pharmacy services,
21 including the practice of pharmacy as defined in items (1)
22 through (5) of subsection (d) of Section 3, but shall not
23 compound or dispense drugs or medical devices except as
24 provided by rule of the Board.
25 The Director may waive the requirement for a pharmacist
26 to be on duty at all times for State facilities not treating
27 human ailments.
28 It shall be unlawful for any person, who is not a
29 licensed pharmacy or health care facility, to purport to be
30 such or to use in name, title, or sign designating, or in
31 connection with that place of business, any of the words:
32 "pharmacy", "pharmacist", "pharmacy department",
33 "apothecary", "druggist", "drug", "drugs", "medicines",
34 "medicine store", "drug sundries", "prescriptions filled", or
-27- LRB9004110DPccA
1 any list of words indicating that drugs are compounded or
2 sold to the lay public, or prescriptions are dispensed
3 therein. Each day during which, or a part which, such
4 representation is made or appears or such a sign is allowed
5 to remain upon or in such a place of business shall
6 constitute a separate offense under this Act.
7 The holder of any license or certificate of registration
8 shall conspicuously display it in the pharmacy in which he is
9 engaged in the practice of pharmacy. The registered
10 pharmacist in charge shall conspicuously display his name in
11 such pharmacy. The pharmacy license shall also be
12 conspicuously displayed.
13 (Source: P.A. 86-820.)
14 (Text of Section after amendment by P.A. 89-507)
15 Sec. 15. Pharmacy requirements. It shall be unlawful for
16 the owner of any pharmacy, as drugstore, shop, pharmacy
17 department or other place in this State, defined in this Act
18 as a "pharmacy" or as a "drug store", to operate or conduct
19 the same, or to allow the same to be operated or conducted,
20 unless:
21 (a) It has a licensed pharmacist, authorized to practice
22 pharmacy in this State under the provisions of this Act, on
23 duty whenever the practice of pharmacy is conducted pharmacy
24 within the establishment is open to the public;
25 (b) Security provisions for all drugs and devices, as
26 determined by rule of the Department, are provided during the
27 absence from the licensed pharmacy of all licensed
28 pharmacists. Maintenance of security provisions is the
29 responsibility of the licensed registered pharmacist in
30 charge; and
31 (c) The pharmacy is licensed under this Act to do
32 business.
33 The Department shall, by rule, provide requirements for
34 each division of pharmacy license and shall, as well provide
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1 guidelines for the designation of a registered pharmacist in
2 charge for each division.
3 Division I. Retail Licenses for pharmacies which are
4 open to, or offer pharmacy services to, the general public.
5 Division II. Licenses for pharmacies whose primary
6 pharmacy service is provided to patients or residents of
7 facilities licensed under the Nursing Home Care Act or the
8 Hospital Licensing Act, or "An Act in relation to the
9 founding and operation of the University of Illinois Hospital
10 and the conduct of University of Illinois health care
11 programs", approved July 3, 1931, as amended, and which are
12 not located in the facilities they serve.
13 Division III. Licenses for pharmacies which are located
14 in a facility licensed under the Nursing Home Care Act or the
15 Hospital Licensing Act, or "An Act in relation to the
16 founding and operation of the University of Illinois Hospital
17 and the conduct of University of Illinois health care
18 programs", approved July 3, 1931, as amended, or a facility
19 which is operated by the Department of Human Services (as
20 successor to the Department of Mental Health and
21 Developmental Disabilities) or the Department of Corrections,
22 and which provide pharmacy services to residents or patients
23 of the facility, as well as employees, prescribers and
24 students of the facility.
25 Division IV. Licenses for pharmacies which provide or
26 offer for sale radioactive materials.
27 Division V. Licenses for pharmacies which hold licenses
28 in Division II or Division III which also provide pharmacy
29 services to the general public, or pharmacies which are
30 located in or whose primary pharmacy service is to ambulatory
31 care facilities or schools of veterinary medicine or other
32 such institution or facility.
33 Division VI. Licenses for pharmacies that exclusively
34 provide patient-specific consulting pharmacy services,
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1 including the practice of pharmacy as defined in items (1)
2 through (5) of subsection (d) of Section 3, but shall not
3 compound or dispense drugs or medical devices except as
4 provided by rule of the Board.
5 The Director may waive the requirement for a pharmacist
6 to be on duty at all times for State facilities not treating
7 human ailments.
8 It shall be unlawful for any person, who is not a
9 licensed pharmacy or health care facility, to purport to be
10 such or to use in name, title, or sign designating, or in
11 connection with that place of business, any of the words:
12 "pharmacy", "pharmacist", "pharmacy department",
13 "apothecary", "druggist", "drug", "drugs", "medicines",
14 "medicine store", "drug sundries", "prescriptions filled", or
15 any list of words indicating that drugs are compounded or
16 sold to the lay public, or prescriptions are dispensed
17 therein. Each day during which, or a part which, such
18 representation is made or appears or such a sign is allowed
19 to remain upon or in such a place of business shall
20 constitute a separate offense under this Act.
21 The holder of any license or certificate of registration
22 shall conspicuously display it in the pharmacy in which he is
23 engaged in the practice of pharmacy. The registered
24 pharmacist in charge shall conspicuously display his name in
25 such pharmacy. The pharmacy license shall also be
26 conspicuously displayed.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 (225 ILCS 85/17) (from Ch. 111, par. 4137)
29 Sec. 17. Disposition of legend drugs on cessation of
30 pharmacy operations.
31 (a) The pharmacist in charge of a pharmacy which has its
32 pharmacy license revoked or otherwise ceases operation shall
33 notify the Department and forward to the Department a copy of
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1 the closing inventory of controlled substances and a
2 statement indicating the intended manner of disposition of
3 all legend drugs and prescription files within 10 days of
4 such revocation or cessation of operation.
5 (b) The Department shall approve the intended manner of
6 disposition of all legend drugs prior to disposition of such
7 drugs by the pharmacist in charge.
8 (1) The Department shall notify the pharmacist in
9 charge of approval of the manner of disposition of all
10 legend drugs, or disapproval accompanied by reasons for
11 such disapproval, within 10 days of receipt of the
12 statement from the pharmacist in charge. In the event
13 that the manner of disposition is not approved, the
14 pharmacist in charge shall notify the Department of an
15 alternative manner of disposition within 10 days of the
16 receipt of disapproval.
17 (2) If disposition of all legend drugs does not
18 occur within 10 days after approval is received from the
19 Department, or if no alternative method of disposition is
20 submitted to the Department within 10 days of the
21 Department's disapproval, the Director shall notify the
22 pharmacist in charge by mail at the address of the
23 closing pharmacy, of the Department's intent to
24 confiscate all legend drugs. The Notice of Intent to
25 Confiscate shall be the final administrative decision of
26 the Department, as that term is defined in the
27 Administrative Review Law, and the confiscation of all
28 prescription drugs shall be effected.
29 (b-5) In the event that the pharmacist in charge has
30 died or is otherwise physically incompetent to perform the
31 duties of this Section, the owner of a pharmacy that has its
32 license revoked or otherwise ceases operation shall be
33 required to fulfill the duties otherwise imposed upon the
34 pharmacist in charge.
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1 (c) The pharmacist in charge of a pharmacy which
2 acquires prescription files from a pharmacy which ceases
3 operation shall be responsible for the preservation of such
4 acquired prescriptions for the remainder of the term that
5 such prescriptions are required to be preserved by this Act.
6 (d) Failure to comply with this Section shall be grounds
7 for denying an application or renewal application for a
8 pharmacy license or for disciplinary action against a
9 registration.
10 (e) Compliance with the provisions of the Illinois
11 Controlled Substances Act concerning the disposition of
12 controlled substances shall be deemed compliance with this
13 Section with respect to legend drugs which are controlled
14 substances.
15 (Source: P.A. 88-428.)
16 (225 ILCS 85/22) (from Ch. 111, par. 4142)
17 Sec. 22. Except only in the case of a drug, medicine or
18 poison which is lawfully sold or dispensed, at retail, in the
19 original and unbroken package of the manufacturer, packer, or
20 distributor thereof, and which package bears the original
21 label thereon showing the name and address of the
22 manufacturer, packer, or distributor thereof, and the name of
23 the drug, medicine, or poison therein contained, and the
24 directions for its use, no person shall sell or dispense, at
25 retail, any drug, medicine, or poison, without affixing to
26 the box, bottle, vessel, or package containing the same, a
27 label bearing the name of the article distinctly shown, and
28 the directions for its use, with the name and address of the
29 pharmacy wherein the same is sold or dispensed. However, in
30 the case of a drug, medicine or poison which is sold or
31 dispensed pursuant to a prescription of a licensed physician,
32 licensed dentist, licensed veterinarian, licensed podiatrist,
33 or certified optometrist authorized by law to prescribe
-32- LRB9004110DPccA
1 drugs, medicines or poisons, or other licensed medical
2 practitioner, the label affixed to the box, bottle, vessel,
3 or package containing the same shall show: (a) The name and
4 address of the pharmacy wherein the same is sold or
5 dispensed; (b) The name or initials of the person, authorized
6 to practice pharmacy under the provisions of this Act,
7 selling or dispensing the same, (c) the date on which such
8 prescription was filled; (d) the name of the patient; (e) the
9 serial number of such prescription as filed in the
10 prescription files; (f) the last name of the practitioner
11 who prescribed such prescriptions; (g) the directions for use
12 thereof as contained in such prescription; and (h) the
13 proprietary name or names or the established name or names of
14 the drugs, the dosage and quantity, except as otherwise
15 authorized by regulation of the Department. Any person who
16 sells or dispenses any drug, medicine or poison shall sell or
17 dispense such drug, medicine or poison in good faith. "Good
18 faith", for purposes of this Section, has the meaning
19 ascribed to it in subsection (u) of Section 102 of the
20 "Illinois Controlled Substances Act", approved August 16,
21 1971, as amended. The Department shall establish rules
22 governing labeling in Division II and Division III
23 pharmacies.
24 (Source: P.A. 85-796.)
25 (225 ILCS 85/22a new)
26 Sec. 22a. Automated dispensing and storage systems. The
27 Department shall establish rules governing the use of
28 automated dispensing and storage systems.
29 (225 ILCS 85/40 new)
30 Sec. 40. Severability clause. The provisions of this Act
31 are severable under Section 1.31 of the Statute an Statutes.
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.