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90_SB0694
225 ILCS 85/3 from Ch. 111, par. 4123
Amends the Pharmacy Practice Act of 1987 to expand the
definition of "prescription" to include orders for drugs
issued by therapeutically certified optometrists.
LRB9000082DPccA
LRB9000082DPccA
1 AN ACT to amend the Pharmacy Practice Act of 1987 by
2 changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Pharmacy Practice Act of 1987 is amended
6 by changing Section 3 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 3. Definitions. For the purpose of this Act, except
10 where otherwise limited therein:
11 (a) "Pharmacy" or "Drugstore" means and includes every
12 store, or shop, pharmacy department, or other place where:
13 (l) pharmaceutical care is provided by a pharmacist; or (2)
14 drugs, medicines, or poisons are dispensed, or sold or
15 offered for sale at retail; or displayed for sale at retail;
16 or (3) where prescriptions of physicians, dentists,
17 veterinarians, or other persons authorized to prescribe drugs
18 within the limits of their licenses are compounded, filled,
19 or dispensed; or (4) which has upon it or displayed within
20 it, or affixed to or used in connection with it, a sign
21 bearing the word or words "Pharmacist", "Druggist",
22 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
23 "Prescriptions", "Drugs", "Medicines", or any word or words
24 of similar or like import, either in the English language or
25 any other language; or (5) where the characteristic
26 prescription sign (Rx) or similar design is exhibited; or (6)
27 any store, or shop, or other place with respect to which any
28 of the above words, objects, signs or designs are used in any
29 advertisement.
30 (b) "Drugs" means and includes (l) articles recognized
31 in the official United States Pharmacopoeia/National
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1 Formulary (USP/NF), or any supplement thereto and being
2 intended for and having for their main use the diagnosis,
3 cure, mitigation, treatment or prevention of disease in man
4 or other animals, as approved by the United States Food and
5 Drug Administration, but does not include devices or their
6 components, parts, or accessories; and (2) all other articles
7 intended for and having for their main use the diagnosis,
8 cure, mitigation, treatment or prevention of disease in man
9 or other animals, as approved by the United States Food and
10 Drug Administration, but does not include devices or their
11 components, parts, or accessories; and (3) articles (other
12 than food) having for their main use and intended to affect
13 the structure or any function of the body of man or other
14 animals; and (4) articles having for their main use and
15 intended for use as a component or any articles specified in
16 clause (l), (2) or (3); but does not include devices or their
17 components, parts or accessories.
18 (c) "Medicines" means and includes all drugs intended
19 for human or veterinary use approved by the United States
20 Food and Drug Administration.
21 (d) "Practice of pharmacy" means the provision of
22 pharmaceutical care to patients which may include, but is not
23 limited to, (1) patient counseling, (2) interpretation and
24 assisting in the monitoring of appropriate drug use and
25 prospective drug utilization review, (3) providing
26 information on the therapeutic values, reactions, drug
27 interactions, side effects, uses, selection of medications
28 and medical devices, and outcome of drug therapy, (4)
29 participation in drug selection, drug monitoring, drug
30 utilization review, evaluation, administration,
31 interpretation, and applying pharmacokinetic and laboratory
32 data to design safe and effective drug regimens and drug
33 research (clinical and scientific) when applicable in the
34 pharmacist's professional judgment, and (6) compounding and
-3- LRB9000082DPccA
1 dispensing of drugs and medical devices.
2 (e) "Prescription" means and includes any order for
3 drugs or medical devices, issued by a physician licensed to
4 practice medicine in all its branches, dentist, veterinarian,
5 or podiatrist, or therapeutically certified optometrist,
6 containing the following: (l) Name of the patient; (2) date
7 when prescription was given; (3) name and strength of drug or
8 description of the medical device prescribed; and (4)
9 quantity, (5) directions for use, (6) prescriber's name,
10 address and signature, and (7) DEA number where required, for
11 controlled substances. DEA numbers shall not be required on
12 inpatient drug orders.
13 (f) "Person" means and includes a natural person,
14 copartnership, association, or corporation.
15 (g) "Department" means the Department of Professional
16 Regulation.
17 (h) "Board of Pharmacy" or "Board" means the State Board
18 of Pharmacy of the Department of Professional Regulation.
19 (i) "Director" means the Director of Professional
20 Regulation.
21 (j) "Drug product selection" means the interchange for a
22 prescribed pharmaceutical product in accordance with Section
23 25 of this Act and Section 3.14 of the Illinois Food, Drug
24 and Cosmetic Act.
25 (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
30 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 Mental Health and Developmental
33 Disabilities or the Department of Corrections.
34 (l) "Pharmacist in charge" means the licensed pharmacist
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1 whose name appears on a pharmacy license who is responsible
2 for all aspects of the operation related to the practice of
3 pharmacy.
4 (m) "Dispense" means the delivery of drugs and medical
5 devices, in accordance with applicable State and federal laws
6 and regulations, to the patient or the patient's
7 representative authorized to receive these products,
8 including the compounding, packaging, and labeling necessary
9 for delivery, and any recommending or advising concerning the
10 contents and therapeutic values and uses thereof.
11 (n) "Mail-order pharmacy" means a pharmacy that is
12 located in a state of the United States, other than Illinois,
13 that delivers, dispenses or distributes, through the United
14 States Postal Service or other common carrier, to Illinois
15 residents, any substance which requires a prescription.
16 (o) "Compounding" means the preparation, mixing,
17 assembling, packaging, or labeling of a drug or medical
18 device: (1) as the result of a practitioner's prescription
19 drug order or initiative that is dispensed pursuant to a
20 prescription in the course of professional practice; or (2)
21 for the purpose of, or incident to, research, teaching, or
22 chemical analysis and not for sale or dispensing a
23 prescriber's order; or (3) the preparation of drugs or
24 medical devices in anticipation of prescription drug orders
25 based on routine, regularly observed prescribing patterns.
26 (p) "Confidential information" means information,
27 maintained by the pharmacist in the patient's records,
28 released only (i) to the patient or, as the patient directs,
29 to other practitioners and other pharmacists or (ii) to any
30 other person or governmental agency authorized by law to
31 receive the information.
32 (q) "Prospective drug review" or "drug utilization
33 evaluation" means a review of the screening for potential
34 drug therapy problems due to therapeutic duplication,
-5- LRB9000082DPccA
1 drug-disease contraindications, drug-drug interactions
2 (including serious interactions with nonprescription or
3 over-the-counter drugs), incorrect drug dosage or duration of
4 drug treatment, drug-allergy interactions, and clinical abuse
5 or misuse.
6 (r) "Patient counseling" means the offer to counsel
7 shall be made by the pharmacist or the pharmacist's designee
8 in a face-to-face communication with the patient, unless, in
9 the professional judgment of the pharmacists it is deemed
10 inappropriate or unnecessary. In such instances, it would be
11 permissible for the offer to counsel to be made in a written
12 communication, by telephone or in a manner determined by the
13 pharmacist to be appropriate.
14 (s) "Patient profiles" or "patient drug therapy record"
15 means the obtaining, recording, and maintenance of patient
16 information.
17 (t) "Pharmaceutical care" includes, but is not limited
18 to, the act of monitoring drug use and other patient care
19 services intended to achieve outcomes that improve the
20 patient's quality of life but shall not include the sale of
21 over-the-counter drugs by a seller of goods and services who
22 does not dispense prescription drugs.
23 (u) "Medical device" means an instrument, apparatus,
24 implement, machine, contrivance, implant, in vitro reagent,
25 or other similar or related article, including any component
26 part or accessory, required under federal law to bear the
27 label "Caution: Federal law requires dispensing by or on the
28 order of a physician". A seller of goods and services who,
29 only for the purpose of retail sales, compounds, sells,
30 rents, or leases medical devices shall not, by reasons
31 thereof, be required to be a licensed pharmacy.
32 (Source: P.A. 89-202, eff. 7-21-95.)
33 (Text of Section after amendment by P.A. 89-507)
34 Sec. 3. Definitions. For the purpose of this Act, except
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1 where otherwise limited therein:
2 (a) "Pharmacy" or "Drugstore" means and includes every
3 store, or shop, pharmacy department, or other place where:
4 (l) pharmaceutical care is provided by a pharmacist; or (2)
5 drugs, medicines, or poisons are dispensed, or sold or
6 offered for sale at retail; or displayed for sale at retail;
7 or (3) where prescriptions of physicians, dentists,
8 veterinarians, or other persons authorized to prescribe drugs
9 within the limits of their licenses are compounded, filled,
10 or dispensed; or (4) which has upon it or displayed within
11 it, or affixed to or used in connection with it, a sign
12 bearing the word or words "Pharmacist", "Druggist",
13 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
14 "Prescriptions", "Drugs", "Medicines", or any word or words
15 of similar or like import, either in the English language or
16 any other language; or (5) where the characteristic
17 prescription sign (Rx) or similar design is exhibited; or (6)
18 any store, or shop, or other place with respect to which any
19 of the above words, objects, signs or designs are used in any
20 advertisement.
21 (b) "Drugs" means and includes (l) articles recognized
22 in the official United States Pharmacopoeia/National
23 Formulary (USP/NF), or any supplement thereto and being
24 intended for and having for their main use the diagnosis,
25 cure, mitigation, treatment or prevention of disease in man
26 or other animals, as approved by the United States Food and
27 Drug Administration, but does not include devices or their
28 components, parts, or accessories; and (2) all other articles
29 intended for and having for their main use the diagnosis,
30 cure, mitigation, treatment or prevention of disease in man
31 or other animals, as approved by the United States Food and
32 Drug Administration, but does not include devices or their
33 components, parts, or accessories; and (3) articles (other
34 than food) having for their main use and intended to affect
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1 the structure or any function of the body of man or other
2 animals; and (4) articles having for their main use and
3 intended for use as a component or any articles specified in
4 clause (l), (2) or (3); but does not include devices or their
5 components, parts or accessories.
6 (c) "Medicines" means and includes all drugs intended
7 for human or veterinary use approved by the United States
8 Food and Drug Administration.
9 (d) "Practice of pharmacy" means the provision of
10 pharmaceutical care to patients which may include, but is not
11 limited to, (1) patient counseling, (2) interpretation and
12 assisting in the monitoring of appropriate drug use and
13 prospective drug utilization review, (3) providing
14 information on the therapeutic values, reactions, drug
15 interactions, side effects, uses, selection of medications
16 and medical devices, and outcome of drug therapy, (4)
17 participation in drug selection, drug monitoring, drug
18 utilization review, evaluation, administration,
19 interpretation, and applying pharmacokinetic and laboratory
20 data to design safe and effective drug regimens and drug
21 research (clinical and scientific) when applicable in the
22 pharmacist's professional judgment, and (6) compounding and
23 dispensing of drugs and medical devices.
24 (e) "Prescription" means and includes any order for
25 drugs or medical devices, issued by a physician licensed to
26 practice medicine in all its branches, dentist, veterinarian,
27 or podiatrist, or therapeutically certified optometrist,
28 containing the following: (l) Name of the patient; (2) date
29 when prescription was given; (3) name and strength of drug or
30 description of the medical device prescribed; and (4)
31 quantity, (5) directions for use, (6) prescriber's name,
32 address and signature, and (7) DEA number where required, for
33 controlled substances. DEA numbers shall not be required on
34 inpatient drug orders.
-8- LRB9000082DPccA
1 (f) "Person" means and includes a natural person,
2 copartnership, association, or corporation.
3 (g) "Department" means the Department of Professional
4 Regulation.
5 (h) "Board of Pharmacy" or "Board" means the State Board
6 of Pharmacy of the Department of Professional Regulation.
7 (i) "Director" means the Director of Professional
8 Regulation.
9 (j) "Drug product selection" means the interchange for a
10 prescribed pharmaceutical product in accordance with Section
11 25 of this Act and Section 3.14 of the Illinois Food, Drug
12 and Cosmetic Act.
13 (k) "Inpatient drug order" means an order issued by an
14 authorized prescriber for a resident or patient of a facility
15 licensed under the Nursing Home Care Act or the Hospital
16 Licensing Act, or "An Act in relation to the founding and
17 operation of the University of Illinois Hospital and the
18 conduct of University of Illinois health care programs",
19 approved July 3, 1931, as amended, or a facility which is
20 operated by the Department of Human Services (as successor to
21 the Department of Mental Health and Developmental
22 Disabilities) or the Department of Corrections.
23 (l) "Pharmacist in charge" means the licensed pharmacist
24 whose name appears on a pharmacy license who is responsible
25 for all aspects of the operation related to the practice of
26 pharmacy.
27 (m) "Dispense" means the delivery of drugs and medical
28 devices, in accordance with applicable State and federal laws
29 and regulations, to the patient or the patient's
30 representative authorized to receive these products,
31 including the compounding, packaging, and labeling necessary
32 for delivery, and any recommending or advising concerning the
33 contents and therapeutic values and uses thereof.
34 (n) "Mail-order pharmacy" means a pharmacy that is
-9- LRB9000082DPccA
1 located in a state of the United States, other than Illinois,
2 that delivers, dispenses or distributes, through the United
3 States Postal Service or other common carrier, to Illinois
4 residents, any substance which requires a prescription.
5 (o) "Compounding" means the preparation, mixing,
6 assembling, packaging, or labeling of a drug or medical
7 device: (1) as the result of a practitioner's prescription
8 drug order or initiative that is dispensed pursuant to a
9 prescription in the course of professional practice; or (2)
10 for the purpose of, or incident to, research, teaching, or
11 chemical analysis and not for sale or dispensing a
12 prescriber's order; or (3) the preparation of drugs or
13 medical devices in anticipation of prescription drug orders
14 based on routine, regularly observed prescribing patterns.
15 (p) "Confidential information" means information,
16 maintained by the pharmacist in the patient's records,
17 released only (i) to the patient or, as the patient directs,
18 to other practitioners and other pharmacists or (ii) to any
19 other person or governmental agency authorized by law to
20 receive 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), incorrect drug dosage or duration of
27 drug treatment, drug-allergy interactions, and clinical abuse
28 or misuse.
29 (r) "Patient counseling" means the offer to counsel
30 shall be made by the pharmacist or the pharmacist's designee
31 in a face-to-face communication with the patient, unless, in
32 the professional judgment of the pharmacists it is deemed
33 inappropriate or unnecessary. In such instances, it would be
34 permissible for the offer to counsel to be made in a written
-10- LRB9000082DPccA
1 communication, by telephone or in a manner determined by the
2 pharmacist to be appropriate.
3 (s) "Patient profiles" or "patient drug therapy record"
4 means the obtaining, recording, and maintenance of patient
5 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; 89-507, eff. 7-1-97.)
22 Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.