Public Act 100-0497
 
HB3462 EnrolledLRB100 05725 SMS 15747 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Regulatory Sunset Act is amended  by changing 
Sections 4.28 and 4.30 as follows:
 
    (5 ILCS 80/4.28)
    Sec. 4.28. Acts
repealed on January 1, 2018. The following 
Acts are
repealed on January 1, 2018:
    The Illinois Petroleum Education and Marketing Act.

    The Podiatric Medical Practice Act of 1987.
    The Acupuncture Practice Act.
    The Illinois Speech-Language Pathology and Audiology 
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Nurse Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Pharmacy Practice Act.
    The Home Medical Equipment and Services Provider License 
Act.
    The Marriage and Family Therapy Licensing Act.
    The Nursing Home Administrators Licensing and Disciplinary 
Act.
    The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; 
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. 
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, 
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; 
96-328, eff. 8-11-09.)
 
    (5 ILCS 80/4.30)
    Sec. 4.30. Acts repealed on January 1, 2020. The following 
Acts are repealed on January 1, 2020:
    The Auction License Act.
    The Community Association Manager Licensing and 
Disciplinary Act.
    The Illinois Architecture Practice Act of 1989. 
    The Illinois Landscape Architecture Act of 1989. 
    The Illinois Professional Land Surveyor Act of 1989. 
    The Land Sales Registration Act of 1999.
    The Orthotics, Prosthetics, and Pedorthics Practice Act. 
    The Perfusionist Practice Act.

    The Pharmacy Practice Act. 
    The Professional Engineering Practice Act of 1989.
    The Real Estate License Act of 2000.
    The Structural Engineering Practice  Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; 
96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. 
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; 
96-1000, eff. 7-2-10.)
 
    Section 10. The Pharmacy Practice Act is amended  by 
changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16, 
16a, 17, 17.1, 18, 19, 20, 22, 25.10, 25.15, 27, 28, 30, 30.5, 
32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12, 35.13, 
35.14, 35.15, 35.16, 35.18, and 36 and  by adding Sections 3.5, 
4.5, 35.20, and 35.21 as follows:
 
 

    (225 ILCS 85/3)

 
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 3. Definitions. For the purpose of this Act, except 
where otherwise
limited therein:

    (a) "Pharmacy" or "drugstore" means and includes every 
store, shop,
pharmacy department, or other place where 
pharmacist
 care is
provided
by a pharmacist (1) where drugs, 
medicines, or poisons are
dispensed, sold or
offered for sale 
at retail, or displayed for sale at retail; or
(2)
where

prescriptions of physicians, dentists, advanced practice 
nurses, physician assistants, veterinarians, podiatric 
physicians, or
 optometrists, within the limits of their

licenses, are
compounded, filled, or dispensed; or (3) which 
has upon it or
displayed within
it, or affixed to or used in 
connection with it, a sign bearing the word or
words 
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", 
"Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", 
"Drugs", "Dispensary", "Medicines", or any word
or words of 
similar or like import, either in the English language
or any 
other language; or (4) where the characteristic prescription

sign (Rx) or similar design is exhibited; or (5) any store, or

shop,
or other place with respect to which any of the above 
words, objects,
signs or designs are used in any advertisement.

    (b) "Drugs" means and includes (1) articles recognized
in 
the official United States Pharmacopoeia/National Formulary 
(USP/NF),
or any supplement thereto and being intended for and 
having for their
main use the diagnosis, cure, mitigation, 
treatment or prevention of
disease in man or other animals, as 
approved by the United States Food and
Drug Administration, but 
does not include devices or their components, parts,
or 
accessories; and (2) all other articles intended
for and having 
for their main use the diagnosis, cure, mitigation,
treatment 
or prevention of disease in man or other animals, as approved

by the United States Food and Drug Administration, but does not 
include
devices or their components, parts, or accessories; and 
(3) articles
(other than food) having for their main use and 
intended
to affect the structure or any function of the body of 
man or other
animals; and (4) articles having for their main 
use and intended
for use as a component or any articles 
specified in clause (1), (2)
or (3); but does not include 
devices or their components, parts or
accessories.

    (c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and 
Drug
Administration.

    (d) "Practice of pharmacy" means (1) the interpretation and 
the provision of assistance in the monitoring, evaluation, and 
implementation of prescription drug orders; (2) the dispensing 
of prescription drug orders; (3) participation in drug and 
device selection; (4) drug administration limited to the 
administration of oral, topical, injectable, and inhalation as 
follows:  in the context of patient education on the proper use 
or delivery of medications; vaccination of patients 14 years of 
age and older pursuant to a valid prescription or standing 
order, by a physician licensed to practice medicine in all its 
branches, upon completion of appropriate training, including 
how to address contraindications and adverse reactions set 
forth by rule, with notification to the patient's physician and 
appropriate record retention, or pursuant to hospital pharmacy 
and therapeutics committee policies and procedures; (5) 
vaccination of patients ages 10 through 13 limited to the 
Influenza (inactivated influenza vaccine and live attenuated 
influenza intranasal vaccine) and Tdap (defined as tetanus, 
diphtheria, acellular pertussis) vaccines, pursuant to a valid 
prescription or standing order, by a physician licensed to 
practice medicine in all its branches, upon completion of 
appropriate training, including how to address 
contraindications and adverse reactions set forth by rule, with 
notification to the patient's physician and appropriate record 
retention, or pursuant to hospital pharmacy and therapeutics 
committee policies and procedures; (6) drug regimen review; (7) 
drug or drug-related research; (8) the provision of patient 
counseling; (9) the practice of telepharmacy; (10) the 
provision of those acts or services necessary to provide 
pharmacist care; (11) medication therapy management; and (12) 
the responsibility for compounding and labeling of drugs and 
devices (except labeling by a manufacturer, repackager, or 
distributor of non-prescription drugs and commercially 
packaged legend drugs and devices), proper and safe storage of 
drugs and devices, and maintenance of required records. A 
pharmacist  who performs any of the acts defined as the practice 
of pharmacy in this State must be actively licensed as a 
pharmacist under this Act.


    (e) "Prescription" means and includes any written, oral, 
facsimile, or
electronically transmitted order for drugs
or 
medical devices, issued by a physician licensed to practice 
medicine in
all its branches, dentist, veterinarian, podiatric 
physician,  or
optometrist, within the
limits of their licenses, 
by a physician assistant in accordance with
subsection (f) of 
Section 4, or by an advanced practice nurse in
accordance with 
subsection (g) of Section 4, containing the
following: (1) name

of the patient; (2) date when prescription was issued; (3) name

and strength of drug or description of the medical device 
prescribed;
and (4) quantity; (5) directions for use; (6) 
prescriber's name,
address,
and signature; and (7) DEA 
registration number where required, for controlled
substances.

The prescription may, but is not required to, list the illness, 
disease, or condition for which the drug or device is being 
prescribed. DEA registration numbers shall not be required on 
inpatient drug orders.

    (f) "Person" means and includes a natural person, 
partnership copartnership,
association, corporation, 
government entity, or any other legal
entity.

    (g) "Department" means the  Department of Financial and

Professional Regulation.

    (h) "Board of Pharmacy" or "Board" means the State Board
of 
Pharmacy of the Department of Financial and Professional 
Regulation.

    (i) "Secretary"
means the Secretary
 of Financial and 
Professional Regulation.

    (j) "Drug product selection" means the interchange for a

prescribed pharmaceutical product in accordance with Section 
25 of
this Act and Section 3.14 of the Illinois Food, Drug and 
Cosmetic Act.

    (k) "Inpatient drug order" means an order issued by an 
authorized
prescriber for a resident or patient of a facility 
licensed under the
Nursing Home Care Act, the ID/DD Community 
Care Act, the MC/DD Act, the Specialized Mental Health 
Rehabilitation Act of 2013, or the Hospital Licensing Act, or 
"An Act in relation to
the founding and operation of the 
University of Illinois Hospital and the
conduct of University 
of Illinois health care programs", approved July 3, 1931,
as 
amended, or a facility which is operated by the Department of 
Human
Services (as successor to the Department of Mental Health

and Developmental Disabilities) or the Department of 
Corrections.

    (k-5) "Pharmacist" means an individual health care 
professional and
provider currently licensed by this State to 
engage in the practice of
pharmacy.

    (l) "Pharmacist in charge" means the licensed pharmacist 
whose name appears
on a pharmacy license and who is responsible 
for all aspects of the
operation related to the practice of 
pharmacy.

    (m) "Dispense" or "dispensing" means the interpretation, 
evaluation, and implementation of a prescription drug order, 
including the preparation and delivery of a drug or device to a 
patient or patient's agent in a suitable container 
appropriately labeled for subsequent administration to or use 
by a patient in accordance with applicable State and federal 
laws and regulations.
  "Dispense" or "dispensing" does not mean 
the physical delivery to a patient or a
patient's 
representative in a home or institution by a designee of a 
pharmacist
or by common carrier.  "Dispense" or "dispensing" 
also does not mean the physical delivery
of a drug or medical 
device to a patient or patient's representative by a

pharmacist's designee within a pharmacy or drugstore while the 
pharmacist is
on duty and the pharmacy is open.

    (n) "Nonresident pharmacy"
means a pharmacy that is located 
in a state, commonwealth, or territory
of the United States, 
other than Illinois, that delivers, dispenses, or
distributes, 
through the United States Postal Service, commercially 
acceptable parcel delivery service, or other common
carrier, to 
Illinois residents, any substance which requires a 
prescription.

    (o) "Compounding" means the preparation and mixing of 
components, excluding flavorings, (1) as the result of a 
prescriber's prescription drug order or initiative based on the 
prescriber-patient-pharmacist relationship in the course of 
professional practice or (2) for the purpose of, or incident 
to, research, teaching, or chemical analysis and not for sale 
or dispensing. "Compounding" includes the preparation of drugs 
or devices in anticipation of receiving prescription drug 
orders based on routine, regularly observed dispensing 
patterns. Commercially available products may be compounded 
for dispensing to individual patients only if all of the 
following conditions are met:  (i) the commercial product is not 
reasonably available from normal distribution channels in a 
timely manner to meet the patient's needs and (ii) the 
prescribing practitioner has requested that the drug be 
compounded.

    (p) (Blank).


    (q) (Blank).


    (r) "Patient counseling" means the communication between a 
pharmacist or a student pharmacist under the supervision of a 
pharmacist and a patient or the patient's representative about 
the patient's medication or device for the purpose of 
optimizing proper use of prescription medications or devices.  
"Patient counseling" may include without limitation (1) 
obtaining a medication history; (2) acquiring a patient's 
allergies and health conditions; (3) facilitation of the 
patient's understanding of  the intended  use of the medication; 
(4) proper directions for use; (5) significant potential 
adverse events; (6) potential food-drug interactions;  and (7) 
the need to be compliant with the medication therapy.  A 
pharmacy technician may only participate in the following 
aspects of patient counseling under the  supervision of a 
pharmacist: (1) obtaining medication history; (2) providing 
the offer for counseling by a pharmacist or student pharmacist;  
and (3) acquiring a patient's allergies and health conditions.


    (s) "Patient profiles" or "patient drug therapy record" 
means the
obtaining, recording, and maintenance of patient 
prescription
information, including prescriptions for 
controlled substances, and
personal information.

    (t) (Blank).


    (u) "Medical device" or "device" means an instrument, 
apparatus, implement, machine,
contrivance, implant, in vitro 
reagent, or other similar or related article,
including any 
component part or accessory, required under federal law to
bear 
the label "Caution: Federal law requires dispensing by or on 
the order
of a physician". A seller of goods and services who, 
only for the purpose of
retail sales, compounds, sells, rents, 
or leases medical devices shall not,
by reasons thereof, be 
required to be a licensed pharmacy.

    (v) "Unique identifier" means an electronic signature, 
handwritten
signature or initials, thumb print, or other 
acceptable biometric
or electronic identification process as 
approved by the Department.

    (w) "Current usual and customary retail price" means the 
price that a pharmacy charges to a non-third-party payor.


    (x) "Automated pharmacy system" means a mechanical system 
located within the confines of the pharmacy or remote location 
that performs operations or activities, other than compounding 
or administration, relative to storage, packaging, dispensing, 
or distribution of medication, and which collects, controls, 
and maintains all transaction information.
    (y) "Drug regimen review" means and includes the evaluation 
of prescription drug orders and patient records for (1)
known 
allergies; (2) drug or potential therapy contraindications;

(3) reasonable dose, duration of use, and route of 
administration, taking into consideration factors such as age, 
gender, and contraindications; (4) reasonable directions for 
use; (5) potential or actual adverse drug reactions; (6) 
drug-drug interactions; (7) drug-food interactions; (8) 
drug-disease contraindications; (9) therapeutic duplication; 
(10) patient laboratory values when authorized and available; 
(11) proper utilization (including over or under utilization) 
and optimum therapeutic outcomes; and (12) abuse and misuse.

    (z) "Electronically transmitted Electronic transmission 
prescription" means a prescription that is created, recorded, 
or stored by electronic means; issued and validated with an 
electronic signature; and transmitted by electronic means 
directly from the prescriber to a pharmacy. An electronic 
prescription is not an image of a physical prescription that is 
transferred by electronic means from computer to computer, 
facsimile to facsimile, or facsimile to computer any 
prescription order for which a facsimile  or electronic image of 
the order is electronically transmitted from a licensed 
prescriber to a pharmacy. "Electronic transmission 
prescription" includes both data and image prescriptions.

    (aa) "Medication therapy management services" means a 
distinct service or group of services offered by licensed 
pharmacists, physicians licensed to practice medicine in all 
its branches, advanced practice nurses authorized in a written 
agreement with a physician licensed to practice medicine in all 
its branches, or physician assistants authorized in guidelines 
by a supervising physician that optimize therapeutic outcomes 
for individual patients through improved medication use. In a 
retail or other non-hospital pharmacy, medication therapy 
management services shall consist of the evaluation of 
prescription drug orders and patient medication records to 
resolve conflicts with the following:
        (1) known allergies;
        (2) drug or potential  therapy contraindications;
        (3) reasonable dose, duration of use, and route of 
    administration, taking into consideration factors such as 
    age, gender, and contraindications;
        (4) reasonable directions for use;
        (5) potential or actual adverse drug reactions;
        (6) drug-drug interactions;
        (7) drug-food interactions;
        (8) drug-disease contraindications;
        (9) identification of therapeutic duplication;
        (10) patient laboratory values when authorized and 
    available;
        (11) proper utilization (including over or under 
    utilization) and optimum therapeutic outcomes; and
        (12) drug abuse and misuse.
    "Medication therapy management services" includes the 
following:
        (1) documenting the services delivered and 
    communicating the information provided to patients' 
    prescribers  within an appropriate time frame, not to exceed 
    48 hours;
        (2) providing patient counseling designed to enhance a 
    patient's understanding and the appropriate use of his or 
    her medications; and
        (3) providing information, support services, and 
    resources designed to enhance a patient's adherence with 
    his or her prescribed therapeutic regimens.
    "Medication therapy management services" may also include 
patient care functions authorized by a physician licensed to 
practice medicine in all its branches for his or her identified 
patient or groups of patients under specified conditions or 
limitations in a standing order from the physician.
    "Medication therapy management services" in a licensed 
hospital  may also include the following:
        (1) reviewing assessments of the patient's health 
    status; and
        (2) following protocols of a hospital pharmacy and 
    therapeutics committee with respect to the fulfillment of 
    medication orders.

    (bb) "Pharmacist care" means the provision by a pharmacist 
of medication therapy management services, with or without the 
dispensing of drugs or devices, intended to achieve outcomes 
that improve patient health, quality of life, and comfort and 
enhance patient safety.

    (cc) "Protected health information" means individually 
identifiable health information that, except as otherwise 
provided, is:

        (1) transmitted by electronic media;
        (2) maintained in any medium set forth in the 
    definition of "electronic media" in the federal Health 
    Insurance Portability and Accountability Act; or
        (3) transmitted or maintained in any other form or 
    medium.
    "Protected health information" does not include 
individually identifiable health information found in:
        (1) education records covered by the federal Family 
    Educational Right and Privacy Act; or
        (2) employment records held by a licensee in its role 
    as an employer.
    (dd) "Standing order" means a specific order for a patient 
or group of patients issued by a physician licensed to practice 
medicine in all its branches in Illinois.
    (ee) "Address of record" means the designated address 
recorded by the Department in the applicant's application file 
or licensee's license file maintained by the Department's 
licensure maintenance unit. address recorded by the Department 
in the applicant's or licensee's application file or license 
file, as maintained by the Department's licensure maintenance 
unit.
    (ff) "Home pharmacy" means the location of a pharmacy's 
primary operations.

    (gg) "Email address of record" means the designated email 
address recorded by the Department in the applicant's 
application file or the licensee's license file, as maintained 
by the Department's licensure maintenance unit. 
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; 
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 
    (225 ILCS 85/3.5 new)
    Sec. 3.5. Address of record; email address of record. All 
applicants and licensees shall:
        (1)    provide a valid address and email address to the 
    Department, which shall serve as the address of record and 
    email address of record, respectively, at the time of 
    application for licensure or renewal of a license; and
        (2)    inform the Department of any change of address of 
    record or email address of record within 14 days after such 
    change either through the Department's website or by 
    contacting the Department's licensure maintenance unit. 
 
    (225 ILCS 85/4.5 new)
    Sec. 4.5. The Collaborative Pharmaceutical Task Force. In 
order to protect the public and provide quality pharmaceutical 
care, the Collaborative Pharmaceutical Task Force is 
established. The Task Force shall discuss how to further 
advance the practice of pharmacy in a manner that recognizes 
the needs of the healthcare system, patients, pharmacies, 
pharmacists, and pharmacy technicians. As a part of its 
discussions, the Task Force shall consider, at a minimum, the 
following:
        (1) the extent to which providing whistleblower 
    protections for pharmacists and pharmacy technicians 
    reporting violation of worker policies and requiring 
    pharmacies to have at least one pharmacy technician on duty 
    whenever the practice of pharmacy is conducted, to set a 
    prescription filling limit of not more than 10 
    prescriptions filled per hour, to mandate at least 10 
    pharmacy technician hours per 100 prescriptions filled, to 
    place a general prohibition on activities that distract 
    pharmacists, to provide a pharmacist a minimum of 2 
    15-minute paid rest breaks and one 30-minute meal period in 
    each workday on which the pharmacist works at least 7 
    hours, to not require a pharmacist to work during a break 
    period, to pay to the pharmacist 3 times the pharmacist's 
    regular hourly rate of pay for each workday during which 
    the required breaks were not provided, to make available at 
    all times a room on the pharmacy's premises with adequate 
    seating and tables for the purpose of allowing a pharmacist 
    to enjoy break periods in a clean and comfortable 
    environment, to keep a complete and accurate record of the 
    break periods of its pharmacists, to limit a pharmacist 
    from working more than 8 hours a workday, and to retain 
    records of any errors in the receiving, filling, or 
    dispensing of prescriptions of any kind could be integrated 
    into the Pharmacy Practice Act; and
        (2) the extent to which requiring the Department to 
    adopt rules requiring pharmacy prescription systems 
    contain mechanisms to require prescription discontinuation 
    orders to be forwarded to a pharmacy, to require patient 
    verification features for pharmacy automated prescription 
    refills, and to require that automated prescription 
    refills notices clearly communicate to patients the 
    medication name, dosage strength, and any other 
    information required by the Department governing the use of 
    automated dispensing and storage systems to ensure that 
    discontinued medications are not dispensed to a patient by 
    a pharmacist or by any automatic refill dispensing systems 
    whether prescribed through electronic prescriptions or 
    paper prescriptions may be integrated into the Pharmacy 
    Practice Act to better protect the public.
    In developing standards related to its discussions, the 
Collaborative Pharmaceutical Task Force shall consider the 
extent to which Public Act 99-473 (enhancing continuing 
education requirements for pharmacy technicians) and  Public 
Act 99-863 (enhancing reporting requirements to the Department 
of pharmacy employee terminations) may be relevant to the 
issues listed in paragraphs (1) and (2).
    The voting members of the  Collaborative Pharmaceutical 
Task Force shall be appointed as follows:
        (1) the Speaker of the House of Representatives, or his 
    or her designee, shall appoint: a representative of a 
    statewide organization exclusively representing retailers, 
    including pharmacies; and a retired licensed pharmacist 
    who has previously served on the Board of Pharmacy and on 
    the executive committee of a national association 
    representing pharmacists and who shall serve as the 
    chairperson of the Collaborative Pharmaceutical Task 
    Force;
        (2) the President of the Senate, or his or her 
    designee, shall appoint: a representative of a statewide 
    organization representing pharmacists; and a 
    representative of a statewide organization representing 
    unionized pharmacy employees;
        (3) the Minority Leader of the House of 
    Representatives, or his or her designee, shall appoint: a 
    representative of a statewide organization representing 
    physicians licensed to practice medicine in all its 
    branches in Illinois; and a representative of a statewide 
    professional association representing pharmacists, 
    pharmacy technicians, pharmacy students, and others 
    working in or with an interest in hospital and 
    health-system pharmacy; and
        (4) the Minority Leader of the Senate, or his or her 
    designee, shall appoint: a representative of a statewide 
    organization representing hospitals; and a representative 
    of a statewide association exclusively representing 
    long-term care pharmacists. 
    The Secretary, or his or her designee, shall appoint the 
following non-voting members of the Task Force: a 
representative of the University of Illinois at Chicago College 
of Pharmacy; a clinical pharmacist who has done extensive study 
in pharmacy e-prescribing and e-discontinuation; and a 
representative of the Department.
    The Department shall provide administrative support to the 
Collaborative Pharmaceutical Task Force. The Collaborative 
Pharmaceutical Task Force shall meet at least monthly at the 
call of the chairperson.
    No later than September 1, 2019, the voting members of the 
Collaborative Pharmaceutical Task Force shall vote on 
recommendations concerning the standards in paragraphs (1) and 
(2) of this Section.
    No later than November 1, 2019, the Department, in direct 
consultation with the Collaborative Pharmaceutical Task Force, 
shall propose rules for adoption that are consistent with the 
Collaborative Pharmaceutical Task Force's recommendations, or 
recommend legislation to the General Assembly, concerning the 
standards in paragraphs (1) and (2) of this Section. 
    This Section is repealed on November 1, 2020. 
 



    (225 ILCS 85/5.5)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 5.5. Unlicensed practice; violation; civil penalty. 

    (a) Any person who practices, offers to practice, attempts 
to practice, or
holds oneself out to practice pharmacy without 
being licensed under this Act
shall, in
addition to any other 
penalty provided by law, pay a civil penalty to the
Department 
in an amount not to exceed $10,000 $5,000 for each offense as 
determined by
the Department. The civil penalty shall be 
assessed by the Department after a
hearing is held in 
accordance with the provisions set forth in this Act
regarding 
the provision of a hearing for the discipline of a licensee.

    (b) The Department has the authority and power to 
investigate any and all
unlicensed activity.

    (c) The civil penalty shall be paid within 60 days after 
the effective date
of the order imposing the civil penalty. The 
order shall constitute a judgment
and may be filed and 
execution had thereon in the same manner as any judgment
from 
any court of record.

(Source: P.A. 89-474, eff. 6-18-96.)

 



    (225 ILCS 85/7)  (from Ch. 111, par. 4127)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 7. Application; examination. Applications for 
original licenses
shall be made to the Department
in writing or 
electronically on forms prescribed by the Department and shall 
be accompanied by
the required fee, which shall not be 
refundable. Any such application shall
require such 
information as in the judgment of the Department will enable 
the
Board and Department to pass on the qualifications of the 
applicant for a
license.

    The Department shall authorize examinations of applicants 
as pharmacists not
less than 3 times per year at such times and 
places as it may
determine.
The
examination of applicants shall 
be of a character to give a fair test of the
qualifications of 
the applicant to practice pharmacy.

    Applicants for examination as pharmacists shall be 
required to pay,
either to the Department or the designated 
testing service, a fee covering
the cost of providing the 
examination.  Failure to appear for the examination
on the 
scheduled date, at the time and place specified, after the 
applicant's
application for examination has been received and 
acknowledged by the
Department or the designated testing 
service, shall result in the forfeiture
of the examination fee. 
The examination shall be developed and provided by the
National 
Association of Boards of Pharmacy.

    If an applicant neglects, fails or refuses to take an 
examination or
fails to pass an examination for a license under 
this Act within 3
years after filing his application, the 
application is denied.  However,
such applicant may thereafter 
make a new application accompanied by
the required fee and show 
evidence of meeting the requirements in force
at the time of 
the new application.

    The Department shall notify applicants taking the 
examination of their
results within 7 weeks of the examination 
date.  Further, the Department
shall have the authority to 
immediately authorize such applicants who
successfully pass 
the examination to engage in the practice of pharmacy.

    An applicant shall have one year from the date of 
notification of successful
completion of the examination to 
apply to the Department for a license.
If an applicant fails to 
make such application within one year the
applicant shall be 
required to again take and pass the examination.
    An applicant who has graduated with a professional degree 
from a school of pharmacy located outside of the United States 
must do the following:
        (1) obtain a Foreign Pharmacy Graduate Examination 
    Committee (FPGEC) Certificate;
        (2) complete 1,200 hours of clinical training and 
    experience, as defined by rule, in the United States or its 
    territories; and
        (3) successfully complete the licensing requirements 
    set forth in Section 6 of this Act, as well as those 
    adopted by the Department by rule.


    The Department may employ consultants for the purpose of 
preparing
and conducting examinations.

(Source: P.A. 95-689, eff. 10-29-07.)

 


    (225 ILCS 85/9)  (from Ch. 111, par. 4129)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 9. Licensure Registration as registered pharmacy 
technician. 
    (a) Any person shall be entitled
to licensure registration 
as a registered pharmacy technician who is of the age of 16
or 
over, has not engaged in conduct or behavior determined to be 
grounds for
discipline under this Act, is attending or has

graduated from an accredited high school or comparable school 
or educational
institution or received a high school 
equivalency certificate, and has filed a written or electronic 
application for licensure registration on a form
to be 
prescribed and furnished by the Department for that purpose.  
The
Department shall issue a license certificate of

registration as a registered pharmacy technician to any 
applicant who has
qualified as aforesaid, and such license 
registration shall be the sole authority
required to assist 
licensed pharmacists in the practice of pharmacy, under
the 
supervision of a licensed pharmacist.  A registered pharmacy 
technician  may, under the supervision of a pharmacist, assist 
in the practice of pharmacy and perform such functions as 
assisting in the dispensing process, offering counseling, 
receiving new verbal prescription orders, and having 
prescriber contact concerning prescription drug order 
clarification.  A registered pharmacy technician may not engage 
in  patient counseling, drug regimen review, or  clinical 
conflict resolution.
    (b) Beginning on January 1, 2017, within 2 years after 
initial licensure registration as a registered pharmacy 
technician, the licensee registrant must meet the requirements 
described in Section 9.5 of this Act and become licensed 
register as a registered certified pharmacy technician. If the 
licensee registrant has not yet attained the age of 18, then 
upon the next renewal as a registered pharmacy technician, the 
licensee registrant must meet the requirements described in 
Section 9.5 of this Act and become licensed register as a 
registered certified pharmacy technician.  This requirement 
does not apply to pharmacy  technicians registered prior to 
January 1, 2008.

    (c) Any person registered
as a pharmacy technician who is 
also enrolled in a first professional
degree program in 
pharmacy in a school or college of pharmacy or a
department of 
pharmacy of a university approved by the Department or has 
graduated from such a program within the last 18 months, shall 
be
considered a "student pharmacist"
and entitled to use the 
title "student pharmacist". A student pharmacist must meet all 
of the requirements for licensure registration as a registered 
pharmacy technician set forth in this Section excluding the 
requirement of certification prior to the second license 
registration renewal and pay the required registered pharmacy 
technician license registration fees.  A student pharmacist 
may, under the supervision of a pharmacist, assist in the 
practice of pharmacy and perform any and all functions 
delegated to him or her by the pharmacist. 
    (d) Any person seeking licensure as a pharmacist who has 
graduated from a pharmacy program outside the United States 
must register as a pharmacy technician and shall be considered 
a "student pharmacist" and be entitled to use the title 
"student pharmacist" while completing the 1,200 clinical hours 
of training approved by the Board of Pharmacy described and for 
no more than 18 months after completion of these hours.  These 
individuals are not required to become registered certified 
pharmacy technicians while completing their Board approved 
clinical training, but must become licensed as a pharmacist or 
become licensed as a registered certified pharmacy technician 
before the second pharmacy technician license registration 
renewal following completion of the Board approved clinical 
training. 
    (e) The Department shall not renew the registered pharmacy 
technician license of any person who has been licensed 
registered as a registered pharmacy technician with the 
designation "student pharmacist" who: (1) and has dropped out 
of or been expelled from an ACPE accredited college of 
pharmacy; (2) , who has failed to complete his or her 1,200 
hours of Board approved clinical training within 24 months; or 
(3) who has failed the pharmacist licensure examination 3 
times. The Department and shall require these individuals to 
meet the requirements of and become licensed registered as a 
registered certified pharmacy technician. 
    (f) The Department may
take any action set forth in Section 
30 of this Act with regard to a license registrations
 pursuant 
to this Section.

    (g) Any person who is enrolled in a non-traditional 
Pharm.D.
program at an ACPE accredited college of pharmacy and 
is a licensed as a registered pharmacist
under the laws of 
another United States jurisdiction shall be permitted to
engage 
in the program of practice experience required in the academic 
program
by virtue of such license.  Such person shall be exempt 
from the requirement
of licensure registration as a registered 
pharmacy technician or registered certified pharmacy 
technician while engaged in the
program of practice experience 
required in the academic program.

    An applicant for licensure registration as a registered 
pharmacy technician may assist a
 pharmacist in the practice of 
pharmacy for a period of up to
60 days prior to the issuance of 
a license certificate of registration if the
applicant has 
submitted the required fee and an application for licensure 
registration
to the Department.  The applicant shall keep a copy 
of the submitted
application on the premises where the 
applicant is assisting in the
practice of pharmacy. The 
Department shall forward confirmation of receipt of the 
application with start and expiration dates of practice pending 
licensure registration.


(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)

 
    (225 ILCS 85/9.5)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 9.5. Registered certified pharmacy technician.
    (a) An individual licensed  registered as a registered 
pharmacy technician under this Act may be licensed registered 
as a registered certified pharmacy technician, if he or she 
meets all of the following requirements:
        (1) He or she has submitted a written application in 
    the form and manner prescribed by the Department.
        (2) He or she has attained the age of 18.
        (3) He or she is of good moral character, as determined 
    by the Department.
        (4) He or she has (i) graduated from pharmacy 
    technician training meeting the requirements set forth in 
    subsection (a) of Section 17.1 of this Act or (ii) obtained 
    documentation from the pharmacist-in-charge of the 
    pharmacy where the applicant is employed verifying that he 
    or she has successfully completed a training program and 
    has successfully completed an objective assessment 
    mechanism prepared in accordance with rules established by 
    the Department.
        (5) He or she has successfully passed an examination 
    accredited by the National Commission for Certifying 
    Agencies, as approved and required by the Board or by rule.
        (6) He or she has paid the required licensure 
    certification fees.
    (b) No pharmacist whose license has been denied, revoked, 
suspended, or restricted for disciplinary purposes may be 
eligible to be registered as a certified pharmacy technician 
unless authorized by order of the Department as a condition of 
restoration from revocation, suspension, or restriction.
    (c) The Department may, by rule, establish any additional 
requirements for licensure certification under this Section.


    (d) A person who is not a licensed registered pharmacy 
technician and meets the requirements of this Section may be 
licensed register as a registered certified pharmacy 
technician without first being licensed registering as a 
registered pharmacy technician. 
    (e) As a condition for the renewal of a license certificate 
of registration as a registered certified pharmacy technician, 
the licensee registrant shall provide evidence to the 
Department of completion of a total of 20 hours of continuing 
pharmacy education during the 24 months preceding the 
expiration date of the certificate as established by rule. One 
hour of continuing pharmacy education must be in the subject of 
pharmacy law. One hour of continuing pharmacy education must be 
in the subject of patient safety. The continuing education 
shall be approved by the Accreditation Council on Pharmacy 
Education.
    The Department may shall establish by rule a means for the 
verification of completion of the continuing education 
required by this subsection (e). This verification may be 
accomplished through audits of records maintained by licensees 
registrants, by requiring the filing of continuing education 
certificates with the Department or a qualified organization 
selected by the Department to maintain such records, or by 
other means established by the Department.
    Rules developed under this subsection (e) may provide for a 
reasonable annual fee, not to exceed $20, to fund the cost of 
such recordkeeping. The Department may shall, by rule, further 
provide an orderly process for the restoration reinstatement of 
a license registration that has not been renewed due to the 
failure to meet the continuing pharmacy education requirements 
of this subsection (e). The Department may waive the 
requirements of continuing pharmacy education, in whole or in 
part, in cases of extreme hardship as defined by rule of the 
Department. The waivers may shall be granted for not more than 
one of any 3 consecutive renewal periods. 
(Source: P.A. 99-473, eff. 1-1-17.)
 



    (225 ILCS 85/10)  (from Ch. 111, par. 4130)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 10. State Board of Pharmacy. 
    (a) There is created in the Department the
State Board of 
Pharmacy.
It shall consist of 9 members, 7 of whom shall be 
licensed pharmacists.
Each of those 7 members must be a 
licensed pharmacist in good standing
in this State, a graduate 
of an accredited college of pharmacy or hold
a Bachelor of 
Science degree in Pharmacy and have at least 5 years'
practical 
experience in the practice of pharmacy subsequent to the
date 
of his licensure as a licensed pharmacist in the State of 
Illinois.
There shall be 2 public members, who shall be voting 
members, who
shall not be engaged in any way, directly or 
indirectly, as providers of health care licensed pharmacists in 
this State or any other state.

    (b) Each member shall be appointed by the Governor.

    (c) Members
 shall be appointed to 5 year terms.  The 
Governor shall fill any vacancy for the remainder of the 
unexpired term. Partial terms over 3 years in length shall be 
considered full terms. A member may be reappointed for a 
successive term, but no member shall serve more than 2 full 
terms in his or her lifetime.



    (d) In making the appointment of members on the Board, the 
Governor shall
give due consideration to recommendations by the 
members of the profession
of pharmacy and by pharmacy
 
organizations therein.  The Governor
shall notify the pharmacy
 
organizations promptly of any vacancy
of members on the Board 
and in appointing members shall give consideration
to 
individuals engaged in all types and settings of pharmacy 
practice.

    (e) The Governor may remove any member of the Board for 
misconduct, incapacity,
or neglect of duty, and he or she shall 
be the sole judge of the sufficiency of the
cause for removal.

    (f) Each member of the Board shall be reimbursed for such 
actual
and legitimate expenses as he or she may incur in going 
to and from the place
of meeting and remaining there thereat 
during sessions of the Board.  In
addition, each member of the 
Board may
 receive a per diem payment
in an amount determined 
from time to time by the Director for attendance
at meetings of 
the Board and conducting other official business of
the Board.

    (g) The Board shall hold quarterly meetings at such times 
and places and upon
 notice as the Department

may determine and 
as its business may require.
A majority of the Board members 
currently appointed shall constitute a quorum. A vacancy in the 
membership of the Board shall not impair the right of a quorum 
to exercise all the rights and perform all the duties of the 
Board.


    (h) The Board shall exercise the rights, powers and duties 
which have been
vested in the Board under this Act, and any 
other duties conferred
upon the Board by law.



(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/11)  (from Ch. 111, par. 4131)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 11. Duties of the Department. The Department shall 
exercise the
powers and duties prescribed by
the Civil 
Administrative Code of Illinois for the administration of 
Licensing
Acts and shall exercise such other powers and duties 
necessary for effectuating
the purpose of this Act. The powers 
and duties of the Department also include  However, the 
following powers and duties shall be
exercised only upon review
 
of the Board of
Pharmacy to take such action:

    (a) Formulation of Formulate such rules, not inconsistent 
with law and subject to
the Illinois Administrative Procedure 
Act, as may be necessary to carry
out the purposes and enforce 
the provisions of this Act.  The Secretary Director
may grant 
variances from any such rules as provided for in this Section. ;

    (b) The suspension, revocation, placing on probationary

status, reprimand, and refusing to issue or restore, or taking 
any other disciplinary or non-disciplinary action against any 
license or
certificate of registration issued under the 
provisions of this Act
for the reasons set forth in Section 30 
of this Act.

    (c) The issuance, renewal, restoration, or reissuance of 
any license
or certificate which has been previously refused to 
be issued or renewed,
or has been revoked, suspended or placed 
on probationary status.

    (c-5) The granting of variances from rules promulgated 
pursuant to this Section in
individual cases where there is a 
finding that:

        (1) the provision from which the variance is granted is 
    not statutorily
mandated;

        (2) no party will be injured by the granting of the 
    variance; and

        (3) the rule from which the variance is granted would, 
    in the particular
case, be unreasonable or unnecessarily 
    burdensome.

    The Secretary Director shall give consideration to the 
recommendations of notify the State Board of Pharmacy regarding 
of the granting
of such variance and the reasons therefor, at 
the next meeting of the Board.

    (d) The Secretary shall appoint a chief pharmacy 
coordinator who and at least 2 deputy pharmacy coordinators, 
all of whom shall be a licensed pharmacist registered 
pharmacists in good standing in this State, shall be a graduate 
graduates of an accredited college of pharmacy or hold, at a 
minimum, a bachelor of science degree in pharmacy, and shall 
have at least 5 years of experience in the practice of pharmacy 
immediately prior to his or her appointment. The chief pharmacy 
coordinator shall be the executive administrator and the chief 
enforcement officer of this Act. The deputy pharmacy 
coordinators shall report to the chief pharmacy coordinator. 
The Secretary shall assign at least one deputy pharmacy 
coordinator to a region composed of Cook County and such other 
counties as the Secretary may deem appropriate, and such deputy 
pharmacy coordinator shall have his or her primary office in 
Chicago. The Secretary shall assign at least one deputy 
pharmacy coordinator to a region composed of the balance of 
counties in the State, and such deputy pharmacy coordinator 
shall have his or her primary office in Springfield.
    (e) The Department Secretary shall, in conformity with the 
Personnel Code, employ such pharmacy investigators as deemed 
necessary not less than 4 pharmacy investigators who shall 
report to the chief pharmacy coordinator or a deputy pharmacy 
coordinator. Each pharmacy investigator shall be a licensed 
pharmacist unless employed as a pharmacy investigator on or 
before August 27, 2015 (the effective date of Public Act 
99-473) this amendatory Act of the 99th General Assembly. The 
Department shall also employ at least one attorney to prosecute 
violations of this Act and its rules. The Department may, in 
conformity with the Personnel Code, employ such clerical and 
other employees as are necessary to carry out the duties of the 
Board and Department.
    The duly authorized pharmacy investigators of the 
Department shall have the right to enter and inspect, during 
business hours, any pharmacy or any other place in this State 
holding itself out to be a pharmacy where medicines, drugs or 
drug products, or proprietary medicines are sold, offered for 
sale, exposed for sale, or kept for sale.

(Source: P.A. 99-473, eff. 8-27-15.)

 



    (225 ILCS 85/12)  (from Ch. 111, par. 4132)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 12. Expiration of license; renewal. 
    (a) The expiration date and renewal
period for
each license 
and certificate of registration issued under this Act
shall be 
set by rule.

    (b) As a condition for the renewal of a license certificate 
of registration as
a pharmacist, the licensee registrant shall 
provide evidence to the
Department of completion of a total of 
30 hours of pharmacy continuing
education during the 24 months
 
preceding the expiration date
of the certificate.  Such 
continuing education shall be approved by
the Accreditation 
Council on Pharmacy
 Education.

    (c) The Department may shall establish by rule a means for 
the verification
of completion of the continuing education 
required by this Section.
This verification may be accomplished 
through audits of records maintained
by licensees registrants, 
by requiring the filing of continuing education certificates

with the Department or a qualified organization selected by the 
Department
to maintain such records or by other means 
established by the Department.

    (d) Rules developed under this Section may provide for a 
reasonable biennial
fee, not to exceed $20, to fund the cost of 
such recordkeeping.
The Department may shall, by rule, further 
provide an orderly process
for the restoration reinstatement of 
licenses which have not been renewed due to
the failure to meet 
the continuing education requirements of this Section.
The 
requirements of continuing education may be waived, in whole or

in part, in cases of extreme hardship as defined by rule of the 
Department.
Such waivers shall be granted for not more than one 
of any 3 consecutive
renewal periods.

    (e) Any pharmacist who has permitted his license to expire 
or who has had
his license on inactive status may have his 
license restored by making
application to the Department and 
filing proof acceptable to the Department
of his fitness to 
have his license restored, and by paying the required

restoration fee.
The Department shall determine, by an 
evaluation program established
by rule his fitness for 
restoration of his license and shall establish
procedures and 
requirements for such restoration.  However, any pharmacist
who 
demonstrates that he has continuously maintained active 
practice
in another jurisdiction pursuant to a license in good 
standing, and
who has substantially complied with the 
continuing education requirements
of this Section shall not be 
subject to further evaluation for purposes
of this Section.

    (f) Any licensee who shall engage in the practice for which 
his or her
license
was issued while the license is expired or 
on inactive status
shall
be considered to be practicing without 
a license which, shall be grounds
for discipline under Section 
30 of this Act.

    (g) Any pharmacy operating on an expired license is engaged 
in
the unlawful
practice of pharmacy and is subject to 
discipline under Section 30 of this
Act.  A pharmacy whose 
license has been expired for one year or
more may not
have its 
license restored but must apply for a new license and meet all

requirements for licensure.  Any pharmacy whose license has been 
expired for
less than one year may apply for restoration of its 
license and shall have
its license restored.

    (h) However, any pharmacist whose license expired while he 
was  (1) in
Federal Service on active duty with the Armed Forces 
of the United
States, or the State Militia called into service 
or training, or  (2)
in training or education under the 
supervision of the United States
preliminary to induction into 
the military service, may have his license
or certificate 
restored without paying any lapsed renewal fees, if
within 2 
years after honorable termination of such service, training
or 
education he furnishes the Department with satisfactory 
evidence
to the effect that he has been so engaged and that his 
service, training
or education has been so terminated.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/13)  (from Ch. 111, par. 4133)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 13. Inactive status. 
    (a) Any pharmacist, registered certified pharmacy 
technician, or registered pharmacy technician who notifies the 
Department,
in writing or electronically on forms prescribed by 
the Department, may elect to place
his or her
license on an 
inactive status and shall be excused from payment
of renewal 
fees and completion of continuing education requirements
until 
he or she notifies the Department in writing of his or her 
intent to restore
his license.

    (b) Any pharmacist, registered certified pharmacy 
technician, or registered pharmacy pharmacist technician 
requesting restoration from inactive status shall be
required 
to pay the current renewal fee and shall be required to restore

his or her license or certificate, as provided by rule of the 
Department.

    (c) Any pharmacist, registered certified pharmacy 
technician, or registered pharmacy pharmacist technician whose 
license is in inactive status shall not practice
in the State 
of Illinois.

    (d) A
 pharmacy license may not be
placed on inactive 
status.

    (e) Continued practice on a license which has lapsed or 
been placed on
inactive status shall be considered to be 
practicing without a license.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/15)  (from Ch. 111, par. 4135)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 15. Pharmacy requirements. 
    (1) It shall be unlawful
for the owner of any pharmacy, as 
defined in this Act, to operate or conduct
the same, or to 
allow the same to be
operated or conducted, unless:

        (a) It has a licensed pharmacist, authorized to 
    practice pharmacy
in this State under the provisions of 
    this Act, on duty whenever the
practice of pharmacy is 
    conducted;

        (b) Security provisions for all drugs and devices, as 
    determined by
rule of the Department, are provided during 
    the absence from the licensed
pharmacy of all licensed 
    pharmacists.  Maintenance of security provisions
is the 
    responsibility of the licensed pharmacist in charge;
and

        (c) The pharmacy is licensed under this Act to conduct 
    the practice of pharmacy in any and all forms from the 
    physical address of the pharmacy's primary inventory where 
    U.S. mail is delivered.  If a facility, company, or 
    organization operates multiple pharmacies from multiple 
    physical addresses, a separate pharmacy license is 
    required for each different physical address.

    (2) The Department may allow a pharmacy that is not located 
at the same location as its home pharmacy and at which pharmacy 
services are provided during an emergency situation, as defined 
by rule, to be operated as an emergency remote pharmacy.  An 
emergency remote pharmacy operating under this subsection (2) 
shall operate under the license of the home pharmacy.


    (3) The Secretary may waive the requirement for a 
pharmacist to be on duty
at all times for State facilities not 
treating human ailments. This waiver of the requirement remains 
in effect until it is rescinded by the Secretary and the 
Department provides written notice of the rescission to the 
State facility. 

    (4) It shall be unlawful for any person, who is not a 
licensed pharmacy
or health care facility, to purport to be 
such or to use in name, title,
or sign designating, or in 
connection with that place of business,
any of the words:  
"pharmacy", "pharmacist", "pharmacy department",
"apothecary", 
"druggist", "drug", "drugs", "medicines", "medicine store",

"drug sundries", "prescriptions filled", or any list of words 
indicating
that drugs are compounded or sold to the lay public, 
or prescriptions
are dispensed therein.  Each day during which, 
or a part which, such
representation is made or appears or such 
a sign is allowed to remain
upon or in such a place of business 
shall constitute a separate offense
under this Act.

    (5) The holder of any license or certificate of 
registration shall conspicuously
display it in the pharmacy in 
which he is engaged in the practice of
pharmacy.  The pharmacist 
in charge shall conspicuously
display his name in such 
pharmacy.  The pharmacy license shall also
be conspicuously 
displayed.

(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09; 
96-1000, eff. 7-2-10.)

 



    (225 ILCS 85/16)  (from Ch. 111, par. 4136)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 16. The Department shall require
and provide for the 
licensure of every pharmacy doing business in this
State.  Such 
licensure shall expire 30
 days after the pharmacist in
charge 
dies or is no longer employed by or leaves the place where the 
pharmacy is licensed or after
such pharmacist's license has 
been suspended or revoked.

    In the event the designated pharmacist in charge dies or 
otherwise
ceases to function in that capacity, or when the 
license of the pharmacist
in charge has been suspended or 
revoked, the owner of the pharmacy
shall be required to notify 
the Department, on forms provided by the
Department, of the 
identity of the new pharmacist in charge.

    It is the duty of every pharmacist in charge who ceases to 
function
in that capacity to report to the Department within 30
 
days of the
date on which he ceased such functions for such 
pharmacy.  It is the
duty of every owner of a pharmacy licensed 
under this Act to report
to the Department within 30
 days of 
the date on which the pharmacist
in charge died or ceased to 
function in that capacity and to specify a new pharmacist in 
charge.  Failure to
provide such notification to the Department 
shall be grounds for disciplinary
action.

    No license shall be issued to any pharmacy unless such 
pharmacy has
a pharmacist in charge and each such pharmacy 
license shall indicate
on the face thereof the pharmacist in 
charge.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 16a. (a) The Department shall establish rules and 
regulations,
consistent with the provisions of this Act, 
governing nonresident
 pharmacies,
including pharmacies 
providing services via the Internet,
which sell, or offer for 
sale, drugs, medicines, or other pharmaceutical
services in 
this State.

    (b) The Department shall require and provide for a an 
annual nonresident
special pharmacy license registration for 
all pharmacies located outside of this
State that dispense 
medications for Illinois residents and mail, ship, or
deliver 
prescription medications into this State. A nonresident 
Nonresident special
pharmacy license registration shall be 
granted by the Department upon the disclosure and
certification 
by a pharmacy:


        (1) that it is licensed in the state in which the 
    dispensing facility
is located and from which the drugs are 
    dispensed;


        (2) of the location, names, and titles of all principal 
    corporate
officers of the business and all pharmacists who 
    are dispensing drugs to residents of this
State;


        (3) that it complies with all lawful directions and 
    requests for
information from the board of pharmacy of each 
    state in which it is
licensed or registered, except that it 
    shall respond directly to all
communications from the Board 
    or Department concerning any circumstances arising
from 
    the dispensing of drugs to residents of this State;


        (4) that it maintains its records of drugs dispensed to 
    residents of
this State so that the records are readily 
    retrievable from the records of
other drugs dispensed;


        (5) that it cooperates with the Board or Department in 
    providing information to the
board of pharmacy of the state 
    in which it is licensed concerning matters
related to the 
    dispensing of drugs to residents of this State; and


        (6) that during its regular hours of operation, but not 
    less than 6
days per week, for a minimum of 40 hours per 
    week, a toll-free telephone
service is provided to 
    facilitate communication between patients in this
State 
    and a pharmacist at the nonresident pharmacy who has access 
    to the patients'
records. The toll-free number must be 
    disclosed on the label affixed to
each container of drugs 
    dispensed to residents of this State.

(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)

 



    (225 ILCS 85/17)  (from Ch. 111, par. 4137)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 17. Disposition of legend drugs on cessation of 
pharmacy operations. 

    (a) The pharmacist in charge of a pharmacy which has
its 
pharmacy license revoked or otherwise ceases operation shall 
notify
the Department and forward to the Department a copy of 
the closing
inventory of controlled substances and a statement 
indicating the intended
manner of disposition of all legend 
drugs and prescription files within
30
 days of such revocation 
or cessation of operation.

    (b) The Department shall approve the intended manner of 
disposition
of all legend drugs prior to disposition of such 
drugs by the pharmacist
in charge.


        (1) The Department shall notify the pharmacist in 
    charge of approval
of the manner of disposition of all 
    legend drugs, or disapproval accompanied
by reasons for 
    such disapproval, within 30
 days of receipt of the 
    statement
from the pharmacist in charge.  In the event that 
    the manner of disposition
is not approved, the pharmacist 
    in charge shall notify the Department
of an alternative 
    manner of disposition within 30
 days of the receipt
of 
    disapproval.


        (2) If disposition of all legend drugs does not occur 
    within 30
 days
after approval is received from the 
    Department, or if no alternative
method of disposition is 
    submitted to the Department within 30
 days
of the 
    Department's disapproval, the Secretary Director shall 
    notify the pharmacist
in charge by mail at the address of 
    the closing pharmacy, of the Department's
intent to 
    confiscate all legend drugs.  The Notice of Intent to 
    Confiscate
shall be the final administrative decision of 
    the Department, as that
term is defined in the 
    Administrative Review Law, and the confiscation of all

    prescription drugs shall be effected.

    (b-5) In the event that the pharmacist in charge has died 
or is otherwise
physically incompetent to perform the duties of 
this Section, the owner of a
pharmacy that has its license 
revoked or otherwise ceases operation shall be
required to 
fulfill the duties otherwise imposed upon the pharmacist in

charge.

    (c) The pharmacist in charge of a pharmacy which acquires 
prescription
files from a pharmacy which ceases operation shall 
be responsible for
the preservation of such acquired 
prescriptions for the remainder of
the term that such 
prescriptions are required to be preserved by this
Act.

    (d) Failure to comply with this Section shall be grounds 
for denying
an application or renewal application for a 
pharmacy license or for
disciplinary action against a license 
registration.

    (e) Compliance with the provisions of the Illinois 
Controlled Substances
Act concerning the disposition of 
controlled substances shall be deemed
compliance with this 
Section with respect to legend drugs which are
controlled 
substances.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/17.1)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 17.1. Registered pharmacy Pharmacy technician 
training. 

    (a) Beginning January 1, 2004, it shall be the joint 
responsibility of a
pharmacy
and its pharmacist in charge to 
have trained all of its registered pharmacy technicians
or 
obtain
proof of prior training in all of the following topics 
as they relate to the
practice site:


        (1) The duties and responsibilities of the technicians 
    and pharmacists.


        (2) Tasks and technical skills, policies, and 
    procedures.


        (3) Compounding, packaging, labeling, and storage.


        (4) Pharmaceutical and medical terminology.


        (5) Record keeping requirements.


        (6) The ability to perform and apply arithmetic 
    calculations.

    (b) Within 6 months after initial employment or changing 
the duties and
responsibilities of a registered pharmacy 
technician, it
shall be
the joint responsibility of the 
pharmacy and the pharmacist in charge to
train the registered

pharmacy technician or obtain proof of prior training in the 
areas listed in
subsection (a)
of this Section as they relate 
to the practice site or to document that the pharmacy 
technician is making appropriate progress.

    (c) All pharmacies shall maintain an up-to-date training

program
describing the duties and responsibilities of a 
registered pharmacy technician.

    (d) All pharmacies shall create and maintain retrievable

records
of
training or proof of training as required in this 
Section.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/18)  (from Ch. 111, par. 4138)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 18. Record retention. There Except as provided in 
subsection (b), there shall be kept in every drugstore or

pharmacy a suitable
book, file, or electronic record keeping 
system in which shall be preserved
for a period of not less 
than 5 years the original, or an exact, unalterable image, of 
every written
prescription and the original transcript or copy 
of every verbal prescription
filled, compounded, or dispensed, 
in such pharmacy; and such book, or
file, or electronic record 
keeping system of prescriptions shall at all reasonable times 
be open to inspection
to the chief pharmacy coordinator and the 
duly authorized agents or
employees of the Department.

    Every prescription filled or refilled shall contain the

unique identifiers
 of the persons
 authorized to practice

pharmacy under the provision of this Act who fills or refills 
the
prescription.

    Records kept pursuant to this Section may be maintained in 
an alternative
data  retention system, such as a direct digital 
imaging system, provided that:


        (1) the records maintained in the alternative data 
    retention system
contain all of the information required in 
    a manual record;


        (2) the data processing system is capable of producing 
    a hard copy of the
electronic record on the request of the 
    Board, its representative, or other
authorized local, 
    State, or federal law enforcement or regulatory agency;


        (3) the digital images are recorded and stored only by 
    means of a
technology that does not allow subsequent 
    revision or replacement of the
images; and

        (4) the prescriptions may be retained in written form 
    or recorded in a data processing system, provided that such 
    order can be produced in printed form upon lawful request.

    As used in this Section, "digital imaging system" means a 
system, including
people, machines, methods of organization, 
and procedures, that provides input,
storage, processing, 
communications, output, and control functions for
digitized

representations of original prescription records.

    Inpatient drug orders may be maintained
within an 
institution in a manner approved by the Department.

(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/19)  (from Ch. 111, par. 4139)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 19. Nothing contained in this Act shall be construed 
to prohibit
a pharmacist licensed in this State from filling or 
refilling a valid
prescription for prescription drugs which is 
on file in a pharmacy licensed in
any state and has been 
transferred from one pharmacy to another by any means,

including by way of electronic data processing equipment upon 
the following
conditions and exceptions:

    (1) Prior to dispensing pursuant to any such prescription, 
the dispensing
pharmacist shall:


        (a) Advise the patient that the prescription on file at 
    such other
pharmacy must be canceled before he or she will 
    be able to fill or refill it.


        (b) Determine that the prescription is valid and on 
    file at such other
pharmacy and that such prescription may 
    be filled or refilled, as requested,
in accordance with the 
    prescriber's intent expressed on such prescription.


        (c) Notify the pharmacy where the prescription is on 
    file that the
prescription must be canceled.


        (d) Record in writing or electronically the 
    prescription order, the name of the pharmacy
at which the 
    prescription was on file, the prescription number, the
name 
    of the drug and the original amount dispensed, the date of 
    original
dispensing, and the number of remaining 
    authorized refills.


        (e) Obtain the consent of the prescriber to the 
    refilling of the
prescription when the prescription, in the 
    professional judgment of the
dispensing pharmacist, so 
    requires. 

    (2) Upon receipt of a request for prescription information 
set forth
in subparagraph (d) of paragraph (1) of this Section, 
if the requested
pharmacist is satisfied in his professional 
judgment that such request
is valid and legal, the requested 
pharmacist shall:


        (a) Provide such information accurately and 
    completely.


        (b) Record electronically or, if in writing, on the 
    face of the prescription, the name of the requesting

    pharmacy and pharmacist and the date of request.


        (c) Cancel the prescription on file by writing the word 
    "void" on
its face or the electronic equivalent, if not in 
    written format.  No further prescription information shall 
    be given or medication
dispensed pursuant to such original 
    prescription.

    (3) In the event that, after the information set forth in 
subparagraph
(d) of paragraph (1) of this Section has been 
provided, a prescription
is not dispensed by the requesting 
pharmacist, then such pharmacist
shall provide notice of this 
fact to the pharmacy from which such information
was obtained; 
such notice shall then cancel the prescription in the
same 
manner as set forth in subparagraph (c) of paragraph (2) of 
this
Section.

    (4) When filling or refilling a valid prescription on file 
in another
state, the dispensing pharmacist shall be required 
to follow all the
requirements of Illinois law which apply to 
the dispensing of prescription
drugs.  If anything in Illinois 
law prevents the filling or refilling of
the original 
prescription it shall be unlawful to dispense pursuant to this

Section.

    (5) Prescriptions for drugs in Schedules III, IV, and V of 
the Illinois
Controlled Substances Act may be transferred only 
once and may not be further
transferred. However, pharmacies 
electronically sharing a real-time, online database may 
transfer up to the maximum refills permitted by the law and the 
prescriber's authorization.


(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/20)  (from Ch. 111, par. 4140)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 20. Dispensing systems. 
    (a) Two or more pharmacies may establish and use a common

electronic file to maintain required dispensing information.

    (b) Pharmacies using such a common electronic file are not 
required to
physically transfer prescriptions or information 
for dispensing purposes
between or among pharmacies 
participating in the same common prescription
file; provided, 
however any such common file must contain complete
and adequate 
records of such prescription and refill dispensed as stated
in 
Section 18.

    (c) The Department and Board may formulate such rules and 
regulations,
not inconsistent with law, as may be necessary to 
carry out the purposes
of and to enforce the provisions of this 
Section within the following
exception:  The Department and 
Board shall not impose greater requirements
on either common 
electronic files or a hard copy record system.

    (d) Drugs shall in no event be dispensed more frequently or 
in larger amounts
than the prescriber ordered without direct 
prescriber authorization
by way of a new prescription order.

    (e) The dispensing by a pharmacist licensed in this State 
or another state of a prescription contained in a common 
database shall not constitute a transfer, provided that (1) (i) 
all pharmacies involved in the transactions pursuant to which 
the prescription is dispensed and all pharmacists engaging in 
dispensing functions are properly licensed, permitted, or 
registered in this State or another jurisdiction, (2) (ii) a 
policy and procedures manual that governs all participating 
pharmacies and pharmacists is available to the Department upon 
request and includes the procedure for maintaining appropriate 
records for regulatory oversight for tracking a prescription 
during each stage of the filling and dispensing process, and 
(3) (iii) the pharmacists involved in filling and dispensing 
the prescription and counseling the patient are identified. A 
pharmacist shall be accountable only for the specific tasks 
performed.
    (f) Nothing in this Section shall prohibit a pharmacist who 
is exercising his or her professional judgment from dispensing 
additional quantities of medication up to the total number of 
dosage units authorized by the prescriber on the original 
prescription and any refills.
(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/22)  (from Ch. 111, par. 4142)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 22. Except only in the case of a drug, medicine or 
poison
which is lawfully sold or dispensed, at retail, in the 
original and
unbroken package of the manufacturer, packer, or 
distributor thereof,
and which package bears the original label 
thereon showing the name
and address of the manufacturer, 
packer, or distributor thereof, and
the name of the drug, 
medicine, or poison therein contained, and the
directions for 
its use, no person shall sell or dispense, at retail,
any drug, 
medicine, or poison, without affixing to the box, bottle,

vessel, or package containing the same, a label bearing the 
name of
the article distinctly shown, and the directions for 
its use, with
the name and address of the pharmacy wherein the 
same is sold or dispensed.
However, in the case of a drug, 
medicine, or poison which is sold or
dispensed pursuant to a 
prescription of a physician licensed to practice
medicine in 
all of its branches, a physician assistant in accordance with 
subsection (f) of Section 4 of this Act, an advanced practice 
registered nurse in accordance with subsection (g) of Section 4 
of this Act, a licensed dentist, a licensed veterinarian, a

licensed podiatric physician, or a licensed therapeutically or 
diagnostically certified
optometrist authorized by law to 
prescribe drugs or medicines or poisons,
the label affixed to 
the box, bottle, vessel, or package containing the
same shall 
show: (a) the name and address of the pharmacy
wherein the same 
is sold or dispensed; (b) the name or initials of
the person, 
authorized to practice pharmacy under the provisions of
this 
Act, selling or dispensing the same, (c) the date on which such

prescription was filled; (d) the name of the patient; (e) the 
serial
number of such prescription as filed in the prescription 
files; (f)
the last name of the practitioner who prescribed 
such prescriptions;
(g) the directions for use thereof as 
contained in such prescription;
and (h) the proprietary name or 
names or the established name or
names of the drugs, the dosage 
and quantity, except as otherwise authorized
by rule regulation 
of the Department.


(Source: P.A. 98-214, eff. 8-9-13.)

 
    (225 ILCS 85/25.10)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 25.10. Remote prescription processing.
    (a) In this Section, "remote prescription processing" 
means and includes the outsourcing of certain prescription 
functions to another pharmacy or licensed non-resident 
pharmacy, including the dispensing of drugs. "Remote 
prescription processing" includes any of the following 
activities related to the dispensing process:
        (1) Receiving, interpreting, evaluating, or clarifying 
    prescriptions.
        (2) Entering prescription and patient data into a data 
    processing system.
        (3) Transferring prescription information.
        (4) Performing a drug regimen review.
        (5) Obtaining refill or substitution authorizations or 
    otherwise communicating with the prescriber concerning a 
    patient's prescription.
        (6) Evaluating clinical data for prior authorization 
    for dispensing.
        (7) Discussing therapeutic interventions with 
    prescribers.
        (8) Providing drug information or counseling 
    concerning a patient's prescription to the patient or 
    patient's agent, as defined in this Act.
    (b) A pharmacy may engage in remote prescription processing 
under the following conditions:
        (1) The pharmacies shall either have the same owner or 
    have a written contract describing the scope of services to 
    be provided and the responsibilities and accountabilities 
    of each pharmacy in compliance with all federal and State 
    laws and regulations related to the practice of pharmacy.
        (2) The pharmacies shall share a common electronic file 
    or have technology that allows sufficient information 
    necessary to process a non-dispensing function.
        (3) The records may be maintained separately by each 
    pharmacy or in common electronic file shared by both 
    pharmacies, provided that the system can produce a record 
    at either location that shows showing each processing task, 
    the identity of the person performing each task, and the 
    location where each task was performed.
    (c) Nothing in this Section shall prohibit an individual 
employee licensed as a pharmacist from accessing the employer 
pharmacy's database from a pharmacist's home or other remote 
location or home verification for the purpose of performing 
certain prescription processing functions, provided that the 
pharmacy establishes controls to protect the privacy and 
security of confidential records.

(Source: P.A. 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/25.15)
    (Section scheduled to be repealed on January 1, 2018)

    Sec. 25.15. Telepharmacy.

    (a) In this Section, "telepharmacy" means the provision of 
pharmacist care by a pharmacist that is accomplished through

the use of telecommunications or other technologies to patients

or their agents who are at a distance and are located within 
the
United States, and which follows all federal and State 
laws, rules,
and regulations with regard to privacy and 
security.
    (b) Any pharmacy engaged in the practice of telepharmacy 
must meet all of the following conditions:

        (1) All events involving the contents of an
automated 
    pharmacy system must be stored in a secure location
and may 
    be recorded electronically.
        (2) An automated pharmacy or prescription dispensing 
    machine system may be used in
conjunction with the 
    pharmacy's practice of telepharmacy after inspection and 
    approval by the Department.
        (3) The pharmacist in charge shall:
            (A) be responsible for the practice of 
        telepharmacy
performed at a remote pharmacy, including 
        the supervision of any
prescription dispensing machine 
        or automated medication system;
            (B) ensure that the home pharmacy has
sufficient 
        pharmacists on duty for the safe operation and

        supervision of all remote pharmacies;
            (C) ensure, through the use of a video and auditory

        communication system, that a registered certified 
        pharmacy technician at the remote
pharmacy has 
        accurately and correctly prepared any prescription for

        dispensing according to the prescription;
            (D) be responsible for the supervision and 
        training of registered
certified pharmacy technicians 
        at remote pharmacies who shall be subject to
all rules 
        and regulations; and
            (E) ensure that patient counseling at the remote 
        pharmacy is
performed by a pharmacist or student 
        pharmacist.

(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
 



    (225 ILCS 85/27)  (from Ch. 111, par. 4147)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 27. Fees. 
    (a)                          The Department shall, by rule, provide for a schedule 
of fees to be paid for licenses and certificates. These fees 
shall be for the administration and enforcement of this Act, 
including without limitation original licensure and renewal 
and restoration of licensure.  All fees are nonrefundable.
    (b)                         Applicants
 for any examination as a pharmacist
shall be 
required to pay, either to the Department or to the designated

testing service, a fee covering the cost of determining an 
applicant's
eligibility and providing the examination.  Failure 
to appear for the
examination on the scheduled date, at the 
time and place specified,
after the applicant's application for 
examination has been received
and acknowledged by the 
Department or the designated testing service,
shall result in 
the forfeiture of the examination fee.





    (c)
 Applicants for the preliminary diagnostic examination 
shall be
required to pay, either to the Department or to the 
designated testing
service, a fee covering the cost of 
determining an applicant's eligibility
and providing the 
examination.  Failure to appear for the examination
on the 
scheduled date, at the time and place specified, after the 
application
for examination has been received and acknowledged 
by the Department
or the designated testing service, shall 
result in the forfeiture of
the examination fee.













    (d) All fees, fines, or penalties
  received by the

Department under this Act shall be deposited in the Illinois 
State Pharmacy
Disciplinary Fund hereby created in the State 
Treasury and shall be used
by the Department in the exercise of 
its powers and performance of its duties under this Act, 
including, but not limited to, the provision for evidence in 
pharmacy investigations.


    Moneys in the Fund may be transferred to the Professions 
Indirect Cost Fund
as authorized under Section 2105-300 of the 
Department of
Professional Regulation Law (20 ILCS 
2105/2105-300).

    The moneys deposited in the Illinois State Pharmacy

Disciplinary Fund shall be invested to earn interest which 
shall accrue to
the Fund.

    (e)
 From the money received for license renewal fees, $5 
from each
pharmacist fee, and $2.50 from each pharmacy 
technician fee, shall be set aside
within the Illinois State 
Pharmacy Disciplinary
Fund for the purpose of supporting a 
substance abuse program for
pharmacists and pharmacy 
technicians. 
    (f) A pharmacy, manufacturer of controlled substances, or 
wholesale distributor of controlled substances that is 
licensed under this Act and owned and operated by the State is 
exempt from licensure, registration, renewal, and other fees 
required under this Act.
    Pharmacists and pharmacy technicians working in facilities 
owned and operated by the State are not exempt from the payment 
of fees required by this Act and any rules adopted under this 
Act.
    Nothing in this subsection (f) shall be construed to 
prohibit the Department from imposing any fine or other penalty 
allowed under this Act.


(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/28)  (from Ch. 111, par. 4148)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 28. Returned checks; fines. Any person who delivers a 
check or other payment to the Department that
is returned to 
the Department unpaid by the financial institution upon
which 
it is drawn shall pay to the Department, in addition to the 
amount
already owed to the Department, a fine of $50. The fines 
imposed by this Section are in addition
to any other discipline 
provided under this Act for unlicensed
practice or practice on 
a nonrenewed license. The Department shall notify
the person 
that payment of fees and fines shall be paid to the Department

by certified check or money order within 30 calendar days of 
the
notification. If, after the expiration of 30 days from the 
date of the
notification, the person has failed to submit the 
necessary remittance, the
Department shall automatically 
terminate the license or certificate or deny
the application, 
without hearing. If, after termination or denial, the
person 
seeks a license or certificate, he or she shall apply to the

Department for restoration or issuance of the license or 
certificate and
pay all fees and fines due to the Department. 
The Department may establish
a fee for the processing of an 
application for restoration of a license or
certificate to pay 
all expenses of processing this application. The Secretary 
Director
may waive the fines due under this Section in 
individual cases where the Secretary
Director finds that the 
fines would be unreasonable or unnecessarily
burdensome.

(Source: P.A. 92-146, eff. 1-1-02.)

 



    (225 ILCS 85/30)  (from Ch. 111, par. 4150)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 30. Refusal, revocation, or suspension, or other 
discipline.  
    (a) The Department may refuse to issue or renew, or may 
revoke a license or registration, or may suspend, place on 
probation, fine, or take any disciplinary or non-disciplinary 
action as the Department may deem proper, including fines not 
to exceed $10,000 for each violation, with regard to any 
licensee or registrant for any one or combination of the 
following causes:


        1. Material misstatement in furnishing information to 
    the Department.


        2. Violations of this Act, or the rules promulgated 
    hereunder.


        3. Making any misrepresentation for the purpose of 
    obtaining licenses.


        4. A pattern of conduct which demonstrates 
    incompetence or unfitness
to practice.


        5. Aiding or assisting another person in violating any 
    provision of
this Act or rules.


        6. Failing, within 60 days, to respond to a written 
    request made by
the Department for information.


        7. Engaging in unprofessional, dishonorable, or 
    unethical conduct of
a character likely to deceive, defraud 
    or harm the public.


        8. Adverse action taken by another state or 
    jurisdiction against a license or other authorization to 
    practice as a pharmacy, pharmacist, registered certified 
    pharmacy technician, or registered pharmacy technician 
    that is the same or substantially equivalent to those set 
    forth in this Section, a certified copy of the record of 
    the action taken by the other state or jurisdiction being 
    prima facie evidence thereof. Discipline by another U.S. 
    jurisdiction or foreign nation, if at
least one of the 
    grounds for the discipline is the same or substantially

    equivalent to those set forth herein.


        9. Directly or indirectly giving to or receiving from 
    any person, firm,
corporation, partnership, or association 
    any fee, commission, rebate
or other form of compensation 
    for any professional services not actually
or personally 
    rendered. Nothing in this item 9 affects any bona fide 
    independent contractor or employment  arrangements among 
    health care professionals, health facilities, health care 
    providers, or other entities, except as otherwise 
    prohibited by law.  Any employment arrangements may include 
    provisions  for compensation, health insurance, pension, or 
    other employment benefits for the provision of services 
    within the scope of the licensee's practice under this Act.  
    Nothing in this item 9 shall be construed to require an 
    employment arrangement to receive professional fees for 
    services rendered. 


        10. A finding by the Department that the licensee, 
    after having his
license placed on probationary status has 
    violated the terms of probation.


        11. Selling or engaging in the sale of drug samples 
    provided at no
cost by drug manufacturers.


        12. Physical illness, including but not limited to, 
    deterioration through
the aging process, or loss of motor 
    skill which results in the inability
to practice the 
    profession with reasonable judgment, skill or safety.


        13. A finding that licensure or registration has been 
    applied for or
obtained by fraudulent means.


        14. Conviction by plea of guilty or nolo contendere, 
    finding of guilt, jury verdict, or entry of judgment or 
    sentencing, including, but not limited to, convictions, 
    preceding sentences of supervision, conditional discharge, 
    or first offender probation, under the laws of any 
    jurisdiction of the United States that is (i) a felony or 
    (ii) a misdemeanor, an essential element of which is 
    dishonesty, or that is directly related to the practice of 
    pharmacy. The applicant or licensee has been convicted in 
    state or federal
court of or entered a plea of guilty, nolo 
    contendere, or the equivalent in a state or federal court 
    to any crime which is a felony or any misdemeanor related 
    to
the practice of pharmacy or which an essential element 
    is dishonesty.


        15. Habitual or excessive use or addiction to alcohol, 
    narcotics, stimulants
or any other chemical agent or drug 
    which results in the inability
to practice with reasonable 
    judgment, skill or safety.


        16. Willfully making or filing false records or reports 
    in the practice
of pharmacy, including, but not limited to 
    false records to support
claims against the medical 
    assistance program of the Department of Healthcare and 
    Family Services (formerly Department of
Public Aid) under 
    the Public Aid Code.


        17. Gross and willful overcharging for professional 
    services including
filing false statements for collection 
    of fees for which services are
not rendered, including, but 
    not limited to, filing false statements
for collection of 
    monies for services not rendered from the medical

    assistance program of the Department of Healthcare and 
    Family Services (formerly Department of Public Aid) under 
    the Public Aid Code.


        18. Dispensing prescription drugs without receiving a

    written or oral prescription in violation of law.


        19. Upon a finding of a substantial discrepancy in a 
    Department audit
of a prescription drug, including 
    controlled substances, as that term
is defined in this Act 
    or in the Illinois Controlled Substances Act.


        20. Physical or mental illness or any other impairment 
    or disability, including, without limitation: (A) 
    deterioration through the aging process or loss of motor 
    skills that
 results in the inability to practice with

    reasonable judgment, skill or safety; , or (B) mental 
    incompetence,
 as declared
by a court of competent 
    jurisdiction.


        21. Violation of the Health Care Worker Self-Referral 
    Act.


        22. Failing to sell or dispense any drug, medicine, or 
    poison in good
faith.  "Good faith", for the purposes of 
    this Section, has the meaning
ascribed
to it in subsection 
    (u) of Section 102 of the Illinois Controlled Substances

    Act. "Good faith", as used in this item (22), shall not be 
    limited to the sale or dispensing of controlled substances, 
    but shall apply to all prescription drugs. 


        23. Interfering with the professional judgment of a 
    pharmacist by
any licensee registrant under this Act, or 
    the licensee's his or her agents or employees.

        24. Failing to report within 60 days to the Department


    any adverse final action taken against a pharmacy, 
    pharmacist, registered pharmacy pharmacist technician, or 
    registered certified pharmacy pharmacist technician by 
    another licensing jurisdiction in any other state or any 
    territory of the United States or any foreign jurisdiction, 
    any governmental agency, any law enforcement agency, or any 
    court for acts or conduct similar to acts or conduct that 
    would constitute grounds for discipline as defined in this 
    Section.
        25. Failing to comply with a subpoena issued in 
    accordance with Section 35.5 of this Act.

        26. Disclosing protected health information in 
    violation of any State or federal law. 
        27. Willfully failing to report an instance of 
    suspected abuse, neglect, financial exploitation, or 
    self-neglect of an eligible adult as defined in and 
    required by the Adult Protective Services Act. 
        28. Being named as an abuser in a verified report by 
    the Department on Aging  under the Adult Protective Services 
    Act, and upon proof by clear and convincing evidence that 
    the licensee abused, neglected, or financially exploited 
    an eligible adult as defined in the Adult Protective 
    Services Act. 
    (b) The Department may refuse to issue or may suspend the 
license or
registration of any person who fails to file a 
return, or to pay the tax,
penalty or interest shown in a filed 
return, or to pay any final assessment
of tax, penalty or 
interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the 
requirements of any
such tax Act are satisfied.

    (c) The Department shall revoke any the license or 
certificate of
registration issued under the provisions of this 
Act or any prior Act of
this State of any person who has been 
convicted a second time of committing
any felony under the 
Illinois Controlled Substances Act, or who
has been convicted a 
second time of committing a Class 1 felony under
Sections 8A-3 
and 8A-6 of the Illinois Public Aid Code.  A
person whose 
license or certificate of registration issued under the

provisions of this Act or any prior Act of this State is 
revoked under this
subsection (c) shall be prohibited from 
engaging in the practice of
pharmacy in this State.

    (d) Fines may be imposed in conjunction with other forms of 
disciplinary action, but shall not be the exclusive disposition 
of any disciplinary action arising out of conduct resulting in 
death or injury to a patient. Fines shall be paid within 60 
days or as otherwise agreed to by the Department. Any funds 
collected from such fines shall be deposited in the Illinois 
State Pharmacy Disciplinary Fund.


    (e) The entry of an order or judgment by any circuit court 
establishing that any person holding a license or certificate 
under this Act is a person in need of mental treatment operates 
as a suspension of that license. A licensee may resume his or 
her practice only upon the entry of an order of the Department 
based upon a finding by the Board that he or she has been 
determined to be recovered from mental illness by the court and 
upon the Board's recommendation that the licensee be permitted 
to resume his or her practice.


    (f) The Department shall issue quarterly to the Board a 
status of all
complaints related to the profession received by 
the Department.

    (g) In enforcing this Section, the Board or the Department, 
upon a showing of a possible violation, may compel any licensee 
or applicant for licensure under this Act to submit to a mental 
or physical examination  or both, as required by and at the 
expense of the Department. The examining physician, or 
multidisciplinary team involved in providing physical and 
mental examinations led by a physician consisting of one or a 
combination of licensed physicians, licensed clinical 
psychologists, licensed clinical social workers, licensed 
clinical professional counselors, and other professional and 
administrative staff, shall be those specifically designated 
by the Department. The Board or the Department may order the 
examining physician or any member of the multidisciplinary team 
to present testimony concerning this mental or physical 
examination of the licensee or applicant. No information, 
report, or other documents in any way related to the 
examination shall be excluded by reason of any common law or 
statutory privilege relating to communication between the 
licensee or applicant and the examining physician or any member 
of the multidisciplinary team. The individual to be examined 
may have, at his or her own expense, another physician of his 
or her choice present during all aspects of the examination. 
Failure of any individual to submit to a mental or physical 
examination when directed shall result in the automatic 
suspension be grounds for suspension of his or her license 
until such time as the individual submits to the examination if 
the Board finds, after notice and hearing, that the refusal to 
submit to the examination was without reasonable cause. If the 
Board or Department finds a pharmacist, registered certified 
pharmacy technician, or registered pharmacy technician unable 
to practice because of the reasons set forth in this Section, 
the Board or Department shall require such pharmacist, 
registered certified pharmacy technician, or registered 
pharmacy technician to submit to care, counseling, or treatment 
by physicians or other appropriate health care providers 
approved or designated by the Department Board as a condition 
for continued, reinstated, or renewed licensure to practice. 
Any pharmacist, registered certified pharmacy technician, or 
registered pharmacy technician whose license was granted, 
continued, reinstated, renewed, disciplined, or supervised, 
subject to such terms, conditions, or restrictions, and who 
fails to comply with such terms, conditions, or restrictions or 
to complete a required program of care, counseling, or 
treatment, as determined by the chief pharmacy coordinator or a 
deputy pharmacy coordinator, shall be referred to the Secretary 
for a determination as to whether the licensee shall have his 
or her license suspended immediately, pending a hearing by the 
Board. In instances in which the Secretary immediately suspends 
a license under this subsection (g), a hearing upon such 
person's license must be convened by the Board within 15 days 
after such suspension and completed without appreciable delay. 
The Department and Board Board shall have the authority to 
review the subject pharmacist's, registered certified pharmacy 
technician's, or registered pharmacy technician's record of 
treatment and counseling regarding the impairment.

    (h) An individual or organization acting in good faith, and 
not in a willful and wanton manner, in complying with this 
Section by providing a report or other information to the 
Board, by assisting in the investigation or preparation of a 
report or information, by participating in proceedings of the 
Board, or by serving as a member of the Board shall not, as a 
result of such actions, be subject to criminal prosecution or 
civil damages. 
    (i) Members of the Board shall be indemnified by the State 
for any actions occurring within the scope of services on the 
Board, done in good faith, and not willful and wanton in 
nature. The Attorney General shall defend all such actions 
unless he or she determines either that there would be a 
conflict of interest in such representation or that the actions 
complained of were not in good faith or were willful and 
wanton. 
    If the Attorney General declines representation, the 
member shall have the right to employ counsel of his or her 
choice, whose fees shall be provided by the State, after 
approval by the Attorney General, unless there is a 
determination by a court that the member's actions were not in 
good faith or were willful and wanton. 
    The member must notify the Attorney General within 7 days 
of receipt of notice of the initiation of any action involving 
services of the Board. Failure to so notify the Attorney 
General shall constitute an absolute waiver of the right to a 
defense and indemnification. 
    The Attorney General shall determine, within 7 days after 
receiving such notice, whether he or she will undertake to 
represent the member. 
(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07; 
96-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)

 
    (225 ILCS 85/30.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 30.5. Suspension of license or certificate for failure 
to pay restitution. The Department, without further process or 
hearing, shall suspend the license issued under this Act or 
other authorization to practice of any person issued under this 
Act who has been certified by court order as not having paid 
restitution to a person under Section 8A-3.5 of the Illinois 
Public Aid Code or under Section 17-10.5 or 46-1 of the 
Criminal Code of 1961 or the Criminal Code of 2012.  A person 
whose license or other authorization to practice is suspended 
under this Section is prohibited from practicing until the 
restitution is made in full.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 



    (225 ILCS 85/32)  (from Ch. 111, par. 4152)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 32. 
The Department shall render no final 
administrative decision
relative to any application for a 
license or certificate of registration
under this Act if the 
applicant for such license or certificate of registration
is 
the subject of a pending disciplinary proceeding under this Act

or another Act administered by the Department.  For purposes of 
this
Section "applicant" means an individual or sole 
proprietor, or an individual
who is an officer, director or 
owner of a 5 percent or more beneficial
interest of the 
applicant.

(Source: P.A. 85-796.)

 



    (225 ILCS 85/33)  (from Ch. 111, par. 4153)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 33. The Secretary Director of the Department may, upon 
receipt of a
written communication from the Secretary of Human 
Services, the Director of Healthcare and Family Services 
(formerly Director of
Public Aid), or the Director of Public 
Health
that continuation of practice of a person
licensed or 
registered under this Act constitutes an immediate danger
to 
the public, immediately suspend the license or registration of 
such
person without a hearing.  In instances in which the 
Secretary Director immediately
suspends a license or 
registration under this Act, a hearing
upon such person's 
license must be convened by the Board within 15 days
after such 
suspension and completed without appreciable delay, such

hearing held to determine whether to recommend to the Secretary 
Director that
the person's license be revoked, suspended, 
placed on probationary
status or reinstated, or such person be 
subject to other disciplinary
action.  In such hearing, the 
written communication and any other evidence
submitted 
therewith may be introduced as evidence against such person;

provided however, the person, or his counsel, shall have the 
opportunity
to discredit or impeach such evidence and submit 
evidence rebutting
same.

(Source: P.A. 95-331, eff. 8-21-07.)

 



    (225 ILCS 85/34)  (from Ch. 111, par. 4154)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 34. 
The determination by a circuit court that a 
licensee is
subject to involuntary admission or judicial 
admission as provided
in the "Mental Health and Developmental 
Disabilities Code", approved
September 5, 1978, as now or 
hereafter amended operates as an automatic
suspension.  Such 
suspension will end only upon a finding by a court
that the 
patient is no longer subject to involuntary admission or 
judicial
admission and issues an order so finding and 
discharging the patient;
and upon the recommendation of the 
Board to the Department Director that the licensee
be allowed 
to resume his practice.

(Source: P.A. 85-796.)

 



    (225 ILCS 85/35.1)  (from Ch. 111, par. 4155.1)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.1. (a) If any person violates the provision of this 
Act,
the Secretary
Director may, in the name of the People of 
the State of Illinois, through the
Attorney General of the 
State of Illinois, or the State's Attorney
of any county in 
which the action is brought, petition, for an order
enjoining 
such violation or for an order enforcing compliance with
this 
Act.  Upon the filing of a verified petition in such court, the

court may issue a temporary restraining order, without notice 
or bond,
and may preliminarily and permanently enjoin such 
violation, and if
it is established that such person has 
violated or is violating the
injunction, the Court may punish 
the offender for contempt of court.
 Proceedings under this 
Section shall be in addition to, and not in
lieu of, all other 
remedies and penalties provided by this Act.

    (b) If any person shall practice as a pharmacist or hold 
himself
out
as a pharmacist or operate a pharmacy or drugstore, 
including a nonresident

pharmacy under Section 16a, without 
being licensed under the provisions of
this
Act, then any 
licensed pharmacist, any interested party or any person
injured 
thereby may, in addition to the Secretary Director, petition 
for relief
as provided in subsection (a) of this Section.

    Whoever knowingly practices or offers to practice in this 
State without
being appropriately licensed or registered under 
this Act shall be guilty
of a Class A misdemeanor and for each 
subsequent conviction, shall
be guilty of a Class 4 felony.

    (c) Whenever in the opinion of the Department any person 
not
licensed
in good standing under this Act violates any 
provision of this Act,
the Department may issue a rule to show 
cause why an order to cease
and desist should not be entered 
against him.  The rule shall clearly
set forth the grounds 
relied upon by the Department and shall provide
a period of 7 
days from the date of the rule to file an answer to the

satisfaction of the Department.  Failure to answer to the 
satisfaction
of the Department shall cause an order to cease 
and desist to be issued
forthwith.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.2)  (from Ch. 111, par. 4155.2)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.2. The Department's pharmacy investigators
may 
investigate the actions of any applicant or of any person or 
persons
holding or claiming to hold a license or registration.  
The Department
shall, before suspending, revoking, placing on 
probationary status,
or taking any other disciplinary or 
non-disciplinary action as the Department may deem
proper with 
regard to any license or certificate, at least 30 days
prior to 
the date set for the hearing, notify the accused in writing
of 
any charges made and the time and place for a hearing of the 
charges
before the Board, direct him or her to file his or her 
written answer thereto to
the Board under oath within 20 days 
after the service on him or her of such
notice and inform him 
or her that if he or she fails to file such answer default
will 
be taken against him or her and his or her license or 
certificate may be suspended,
revoked, placed on probationary 
status, or have other disciplinary
action, including limiting 
the scope, nature or extent of his or her practice,
provided 
for herein.  Such written notice may be served by personal

delivery, email to the respondent's email address of record, or 
certified or registered mail to the respondent at his or her
 
address
of record.  At the time and place
fixed in the notice, 
the Board shall proceed to hear the charges and
the parties or 
their counsel shall be accorded ample opportunity to
present 
such statements, testimony, evidence and argument as may be

pertinent to the charges or to the defense thereto.  Such 
hearing may
be continued from time to time.  In case the accused 
person, after
receiving notice, fails to file an answer, his or 
her license or certificate
may, in the discretion of the 
Secretary Director, having received first the recommendation

of the Board, be suspended, revoked, placed on probationary 
status,
or the Secretary Director may take whatever 
disciplinary action as he or she may deem
proper as provided 
herein, including limiting the scope, nature, or
extent of said 
person's practice, without a hearing, if the act or
acts 
charged constitute sufficient grounds for such action under 
this
Act.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.5)  (from Ch. 111, par. 4155.5)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.5. The Department shall have power to subpoena
and 
bring before it any person in this State and to take testimony,

either orally or by deposition or both, with the same fees and 
mileage
and in the same manner as prescribed by law in judicial 
proceedings
in civil cases in circuit courts of this State. The 
Department may subpoena and compel the production of documents, 
papers, files, books, and records in connection with any 
hearing or investigation.


    The Secretary Director, and any member of the Board, shall 
each have power to
administer oaths to witnesses at any hearing 
which the Department is
authorized to conduct under this Act, 
and any other oaths required
or authorized to be administered 
by the Department hereunder.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.6)  (from Ch. 111, par. 4155.6)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.6. 
At the conclusion of the hearing, the Board

shall present to the Secretary Director a written report of its 
findings of fact,
conclusions of law, and recommendations.  The 
report shall contain
a finding whether or not the accused 
person violated this Act or failed
to comply with the 
conditions required in this Act.  The Board shall
specify the 
nature of the violation or failure to comply, and shall
make 
its recommendations to the Secretary Director.

    The report of findings of fact, conclusions of law, and 
recommendations
of the Board shall be the basis for the 
Department's order or refusal
or for the granting of a license 
or registration.  The finding is not
admissible in evidence 
against the person in a criminal prosecution
brought for the 
violation of this Act, but the hearing and finding
are not a 
bar to a criminal prosecution brought for the violation of
this 
Act.

(Source: P.A. 85-796.)

 



    (225 ILCS 85/35.7)  (from Ch. 111, par. 4155.7)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.7. Notwithstanding
the provisions of Section 35.6 
of this Act, the Secretary Director shall have
the authority to 
appoint any attorney duly licensed to practice law
in the State 
of Illinois to serve as the hearing officer in any action

before the Board for refusal to issue, renew, or discipline of 
a license
or certificate.  The Director shall notify the Board 
of any such appointment.
The hearing officer shall have full 
authority to conduct the hearing.
There may shall be present at 
least one or more members member of the Board at any such

hearing.  The hearing officer shall report his findings of fact, 
conclusions
of law and recommendations to the Board and the 
Secretary Director.  The Board
shall have 60 days from receipt 
of the report to review the report
of the hearing officer and 
present their findings of fact, conclusions
of law, and 
recommendations to the Secretary Director.  If the Board fails 
to
present its report within the 60-day 60 day period, the 
respondent may request in writing a direct appeal to the 
Secretary, in which case the Secretary may shall, within 7 
calendar days after the request, issue an order directing the 
Board to issue its findings of fact, conclusions of law, and 
recommendations to the Secretary within 30 calendar days after 
such order.  If the Board fails to issue its findings of fact, 
conclusions of law, and recommendations within that time frame  
to the Secretary after the entry of such order, the Secretary 
shall, within 30 calendar days thereafter, issue an order based 
upon the report of the hearing officer and the record of the 
proceedings or issue an order remanding the matter back to the 
hearing officer for additional proceedings in accordance with 
the order.  If (i) a direct appeal is requested, (ii) the Board 
fails to issue its findings of fact, conclusions of law, and 
recommendations within the 30-day mandate from the Secretary or 
the Secretary fails to order the Board to do so, and (iii) the 
Secretary fails to issue an order within 30 calendar days 
thereafter, then the hearing officer's report is deemed 
accepted and a final decision of the Secretary.  Notwithstanding 
any other provision of this Section, if the Secretary, upon 
review, determines that substantial justice has not been done 
in the revocation, suspension, or refusal to issue or renew a 
license or other disciplinary action taken as the result of the 
entry of the hearing officer's report, the Secretary may order 
a rehearing by the same or other examiners. If the Secretary 
disagrees with the recommendation of the Board or the hearing 
officer, the Secretary may issue an order in contravention of 
the recommendation.


(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.8)  (from Ch. 111, par. 4155.8)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.8. 
In any case involving the refusal to issue,

renew or discipline of a license or registration, a copy of the 
Board's
report shall be served upon the respondent by the 
Department, either
personally or as provided in this Act for 
the service of the notice
of hearing.  Within 20 days after such 
service, the respondent may
present to the Department a motion 
in writing for a rehearing, which
motion shall specify the 
particular grounds therefor.  If no motion for
rehearing is 
filed, then upon the expiration
of the time specified for 
filing such a motion, or if a motion for
rehearing is denied, 
then upon such denial the Secretary Director may enter an
order 
in accordance with recommendations of the Board except as 
provided
in Section 35.6 or 35.7 of this Act.  If the respondent 
shall order
from the reporting service, and pay for a 
transcript of the record
within the time for filing a motion 
for rehearing, the 20-day 20 day period
within which such a 
motion may be filed shall commence upon the delivery
of the 
transcript to the respondent.

(Source: P.A. 85-796.)

 



    (225 ILCS 85/35.12)  (from Ch. 111, par. 4155.12)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.12. Notwithstanding the provisions herein 
concerning the
conduct of hearings and recommendations for 
disciplinary actions, the Secretary
Director shall have the 
authority to negotiate agreements with licensees
and 
registrants resulting in disciplinary consent orders provided 
a Board
member is present and the discipline is recommended by 
a the Board member.
Such consent orders may provide for any of 
the forms of discipline otherwise
provided herein or any other 
disciplinary or non-disciplinary action the parties agree to.  
Such consent orders shall provide that they were not entered

into as a result of any coercion by the Department.

(Source: P.A. 95-689, eff. 10-29-07.)

 



    (225 ILCS 85/35.13)  (from Ch. 111, par. 4155.13)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.13. Order or certified copy; prima facie proof. An 
order or a
certified copy thereof, over the seal of the 
Department and purporting to be
signed by the Secretary 
Director, shall be prima facie proof that:


        (a) the signature is the genuine signature of the 
    Secretary
Director;


        (b) the Secretary Director is duly appointed and 
    qualified;
and


        (c) the Board and the members thereof are qualified to 
    act.

(Source: P.A. 91-357, eff. 7-29-99.)

 



    (225 ILCS 85/35.14)  (from Ch. 111, par. 4155.14)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.14. 
At any time after the successful completion of 
a term of probation, suspension, or revocation of any license

certificate, the Department may restore it to the accused 
person without
examination, upon the written recommendation of 
the Board. A license that has been suspended or revoked shall 
be considered nonrenewed for purposes of restoration and a 
person restoring his or her license from suspension or 
revocation must comply with the requirements for restoration of 
a nonrenewed license as set forth in Section 12 of this Act and 
any related rules adopted. 

(Source: P.A. 85-796.)

 



    (225 ILCS 85/35.15)  (from Ch. 111, par. 4155.15)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.15. 
Upon the revocation or suspension
of any 
license or registration, the holder shall forthwith surrender

the license license(s) or registration(s) to the Department and 
if the licensee
fails to do so, the Department shall have the 
right to seize the license license(s)
or certificate(s).

(Source: P.A. 85-796.)

 



    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)


    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.16. The Secretary may
temporarily suspend the 
license of a pharmacist, or pharmacy, registered or the 
registration of a pharmacy technician,
or registered certified 
pharmacy technician, without a hearing, simultaneously
with 
the institution of proceedings for a hearing provided for in 
Section
35.2 of this Act, if the Secretary finds that evidence 
in his possession
indicates that a continuation in practice 
would constitute an imminent
danger to the public.  In the event 
that the Secretary suspends, temporarily,
this license or 
registration without a hearing, a hearing by the Department

must be held within 15
 days after such suspension has occurred, 
and
be concluded without appreciable delay.

(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)

 



    (225 ILCS 85/35.18)  (from Ch. 111, par. 4155.18)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 35.18. Certification of record. The Department
shall 
not be required to certify any record to the court, or to file 
an any
answer in court, or to otherwise appear in any court in 
a judicial review
proceeding, unless and until the Department 
has received from the plaintiff there is filed in the court, 
with the complaint,
a receipt from the Department acknowledging 
payment of the costs of
furnishing and certifying the record, 
which costs shall be determined by the Department.  Exhibits 
shall be certified without cost. Failure on the part
of the 
plaintiff to file a receipt in court shall be grounds for

dismissal of the action. During the pendency and hearing of any 
and all judicial proceedings incident to the disciplinary 
action the sanctions imposed upon the accused by the Department 
because of acts or omissions related to the delivery of direct 
patient care as specified in the Department's final 
administrative decision, shall, as a matter of public policy, 
remain in full force and effect in order to protect the public 
pending final resolution of any of the proceedings.

(Source: P.A. 87-1031.)

 
    (225 ILCS 85/35.20 new)
    Sec. 35.20. Confidentiality. All information collected by 
the Department in the course of an examination or investigation 
of a licensee or applicant, including, but not limited to, any 
complaint against a licensee filed with the Department and 
information collected to investigate any such complaint, shall 
be maintained for the confidential use of the Department and 
shall not be disclosed. The Department may not disclose the 
information to anyone other than law enforcement officials, 
other regulatory agencies that have an appropriate regulatory 
interest as determined by the Secretary, or to a party 
presenting a lawful subpoena to the Department. Information and 
documents disclosed to a federal, State, county, or local law 
enforcement agency shall not be disclosed by the agency for any 
purpose to any other agency or person. A formal complaint filed 
against a licensee by the Department or any order issued by the 
Department against a licensee or applicant shall be a public 
record, except as otherwise prohibited by law.
 
    (225 ILCS 85/35.21 new)
    Sec. 35.21. Citations.
    (a) The Department shall adopt rules to permit the issuance 
of citations to any licensee for any violation of this Act or 
the rules. The citation shall be issued to the licensee or 
other person alleged to have committed one or more violations 
and shall contain the licensee's or other person's name and 
address, the licensee's license number, if any, a brief factual 
statement, the Sections of this Act or the rules allegedly 
violated, and the penalty imposed, which shall not exceed 
$1,000. The citation must clearly state that if the cited 
person wishes to dispute the citation, he or she may request in 
writing, within 30 days after the citation is served, a hearing 
before the Department. If the cited person does not request a 
hearing within 30 days after the citation is served, then the 
citation shall become a final, non-disciplinary order and any 
fine imposed is due and payable. If the cited person requests a 
hearing within 30 days after the citation is served, the 
Department shall afford the cited person a hearing conducted in 
the same manner as a hearing provided in this Act for any 
violation of this Act and shall determine whether the cited 
person committed the violation as charged and whether the fine 
as levied is warranted. If the violation is found, any fine 
shall constitute discipline and be due and payable within 30 
days of the order of the Secretary. Failure to comply with any 
final order may subject the licensed person to further 
discipline or other action by the Department or a referral to 
the State's Attorney.
    (b) A citation must be issued within 6 months after the 
reporting of a violation that is the basis for the citation.
    (c) Service of a citation shall be made in person, 
electronically, or by mail to the licensee at the licensee's 
address of record or email address of record.
    (d) Nothing in this Section shall prohibit or limit the 
Department from taking further action pursuant to this Act and 
rules for additional, repeated, or continuing violations.
 



    (225 ILCS 85/36)  (from Ch. 111, par. 4156)



    (Section scheduled to be repealed on January 1, 2018)

    Sec. 36. Illinois Administrative Procedure Act. The 
Illinois Administrative
Procedure Act is hereby expressly 
adopted and incorporated herein as if all of
the provisions of 
that Act were included in this Act, except that the provision

of subsection (d) of Section 10-65 of the Illinois 
Administrative Procedure Act
that provides that at hearings the 
licensee has the right to show compliance
with all lawful 
requirements for retention, continuation or renewal of the

license is specifically excluded. For the purpose of this Act, 
the notice
required under Section 10-25 of the Illinois 
Administrative Procedure Act is deemed
sufficient when 
personally served, mailed to the address of record of the 
applicant or licensee, or emailed to the email address of 
record of the applicant or licensee last known address of a 
party.

(Source: P.A. 88-45.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.