Public Act 93-0571
SB1983 Enrolled LRB093 08954 RCE 09186 b
AN ACT in relation to the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended
by changing Section 3 and adding Section 15.5 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123)
(Section scheduled to be repealed on January 1, 2008)
(Text of Section before amendment by P.A. 92-880)
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
pharmaceutical 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, veterinarians,
podiatrists, or therapeutically certified 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", "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 (l) 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 (l), (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 the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include but are not limited to (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
pharmacokinetic and laboratory data to design safe and
effective drug regimens, (5) drug research (clinical and
scientific), and (6) compounding and dispensing of drugs and
medical devices.
(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, or
podiatrist, or therapeutically certified 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: (l) 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 number where required, for
controlled substances. DEA numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity,
or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of 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 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 who is responsible
for all aspects of the operation related to the practice of
pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
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"
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) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis; or (3) in anticipation of prescription
drug orders based on routine, regularly observed prescribing
patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person authorized by law to receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a screening for potential drug therapy
problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious
interactions with nonprescription or over-the-counter drugs),
drug-food interactions, incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
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. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate.
(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) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical 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.
(Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
7-30-98; 90-742, eff. 8-13-98.)
(Text of Section after amendment by P.A. 92-880)
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
pharmaceutical 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, veterinarians,
podiatrists, or therapeutically certified 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", "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 (l) 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 (l), (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 the provision of
pharmaceutical care to patients as determined by the
pharmacist's professional judgment in the following areas,
which may include but are not limited to (1) patient
counseling, (2) interpretation and assisting in the
monitoring of appropriate drug use and prospective drug
utilization review, (3) providing information on the
therapeutic values, reactions, drug interactions, side
effects, uses, selection of medications and medical devices,
and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review,
evaluation, administration, interpretation, application of
pharmacokinetic and laboratory data to design safe and
effective drug regimens, (5) drug research (clinical and
scientific), and (6) compounding and dispensing of drugs and
medical devices.
(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, or
podiatrist, or therapeutically certified 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: (l) 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 number where required, for
controlled substances. DEA numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity,
or any other legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Professional Regulation.
(i) "Director" means the Director of 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 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" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws
and regulations, to the patient or the patient's
representative authorized to receive these products,
including the compounding, packaging, and labeling necessary
for delivery, and any recommending or advising concerning the
contents and therapeutic values and uses thereof. "Dispense"
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"
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) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois,
that delivers, dispenses or distributes, through the United
States Postal Service or other common carrier, to Illinois
residents, any substance which requires a prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical
device: (1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a
prescription in the course of professional practice; or (2)
for the purpose of, or incident to, research, teaching, or
chemical analysis; or (3) in anticipation of prescription
drug orders based on routine, regularly observed prescribing
patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records,
released only (i) to the patient or, as the patient directs,
to other practitioners and other pharmacists or (ii) to any
other person authorized by law to receive the information.
(q) "Prospective drug review" or "drug utilization
evaluation" means a screening for potential drug therapy
problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious
interactions with nonprescription or over-the-counter drugs),
drug-food interactions, incorrect drug dosage or duration of
drug treatment, drug-allergy interactions, and clinical abuse
or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct
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. The offer to counsel by the
pharmacist or the pharmacist's designee, and subsequent
patient counseling by the pharmacist or student pharmacist,
shall be made in a face-to-face communication with the
patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face
communication is deemed inappropriate or unnecessary. In
that instance, the offer to counsel or patient counseling may
be made in a written communication, by telephone, or in a
manner determined by the pharmacist to be appropriate.
(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) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care
services intended to achieve outcomes that improve the
patient's quality of life but shall not include the sale of
over-the-counter drugs by a seller of goods and services who
does not dispense prescription drugs.
(u) "Medical 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 individual biometric or electronic identification
process as approved by the Department.
(Source: P.A. 92-880, eff. 1-1-04.)
(225 ILCS 85/15.5 new)
Sec. 15.5. Prescription information.
(a) Uncoordinated multiple controlled substances and
drug seeking tendencies pose a significant threat to the
health, safety, and welfare of patients. To address this
threat, the General Assembly believes a physician who
prescribes controlled substances should be provided with
prescription information from pharmacies.
(b) Upon request, a pharmacist shall provide a physician
licensed to practice medicine in all its branches who is
prepared to prescribe or has prescribed a controlled
substance for a patient with information from the patient's
most recent patient profile, including information about any
prescriptions for controlled substances.
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.