Illinois General Assembly - Full Text of Public Act 094-0084
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Public Act 094-0084




Public Act 094-0084
HB1031 Enrolled LRB094 07832 RAS 38012 b

    AN ACT concerning regulation.
    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 Sections 14, 15, and 18 as follows:
    (225 ILCS 85/14)  (from Ch. 111, par. 4134)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 14. Structural and equipment requirements. No person
shall establish or move to a new location any pharmacy unless
the pharmacy is licensed with the Department and has on file
with the Department a verified statement that:
        (1) such pharmacy is or will be engaged in the practice
    of pharmacy; and
        (2) other than a Division VI pharmacy, such pharmacy
    will have in stock and shall maintain sufficient drugs and
    materials as to protect the public it serves within 30 days
    after the issuance of the registration of the pharmacy.
    Division I, II, III, IV, or V pharmacies shall be in a
suitable, well-lighted and well-ventilated area with at least
300 square feet of clean and sanitary contiguous space and
shall be suitably equipped for compounding prescriptions,
storage of drugs and sale of drugs and to otherwise conduct the
practice of pharmacy. The space occupied shall be equipped with
a sink with hot and cold water or facilities for heating water,
proper sewage outlet, refrigeration storage equipment, and
such fixtures, facilities, drugs, equipment and material,
which shall include the current editions of the United States
Pharmacopoeia/DI, Facts and Comparisons, or any other current
compendium approved by the Department, and other such reference
works, as will enable a pharmacist to practice pharmacy,
including this Act and the rules promulgated under this Act.
Such pharmacy shall have the following items: accurate weights
of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription
balance equipped with balance indicator and with mechanical
means of arresting the oscillations of the mechanism and which
balance shall be sensitive to 0.5 grain (32 mg) or less or an
alternative weighing device as approved by the Department, and
such other measuring devices as may be necessary for the
conduct of the practice of pharmacy.
    The provisions of this Section with regard to 300 square
feet of space shall apply to any pharmacy which is opened after
the effective date of this Act. Nothing shall require a
pharmacy in existence on the effective date of this Act which
is comprised of less than 300 square feet to provide additional
space to meet these requirements.
    Any structural and equipment requirements for a Division VI
pharmacy shall be set by rule.
(Source: P.A. 92-880, eff. 1-1-04.)
    (225 ILCS 85/15)  (from Ch. 111, par. 4135)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15. Pharmacy requirements. 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 registered pharmacist in charge; and
    (c) The pharmacy is licensed under this Act to do business.
    The Department shall, by rule, provide requirements for
each division of pharmacy license and shall, as well provide
guidelines for the designation of a registered pharmacist in
charge for each division.
    Division I. Retail Licenses for pharmacies which are open
to, or offer pharmacy services to, the general public.
    Division II. Licenses for pharmacies whose primary
pharmacy service is provided to patients or residents of
facilities 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, and which are not located in
the facilities they serve.
    Division III. Licenses for pharmacies which are located in
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, and which
provide pharmacy services to residents or patients of the
facility, as well as employees, prescribers and students of the
    Division IV. Licenses for pharmacies which provide or offer
for sale radioactive materials.
    Division V. Licenses for pharmacies which hold licenses in
Division II or Division III which also provide pharmacy
services to the general public, or pharmacies which are located
in or whose primary pharmacy service is to ambulatory care
facilities or schools of veterinary medicine or other such
institution or facility.
    Division VI. Licenses for pharmacies that provide pharmacy
services to patients of institutions serviced by pharmacies
with a Division II or Division III license, without using their
own supply of drugs. Division VI pharmacies may provide
pharmacy services only in cooperation with an institution's
pharmacy or pharmacy provider. Nothing in this paragraph shall
constitute a change to the practice of pharmacy as defined in
Section 3 of this Act. Nothing in this amendatory Act of the
94th General Assembly shall in any way alter the definition or
operation of any other division of pharmacy as provided in this
    The Director may waive the requirement for a pharmacist to
be on duty at all times for State facilities not treating human
    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.
    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 registered pharmacist
in charge shall conspicuously display his name in such
pharmacy. The pharmacy license shall also be conspicuously
(Source: P.A. 92-880, eff. 1-1-04.)
    (225 ILCS 85/18)  (from Ch. 111, par. 4138)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 18. Record retention.
    (a) Except as provided in subsection (b), there 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 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 of prescriptions shall at
all reasonable times be open to inspection to the pharmacy
coordinator and the duly authorized agents or employees of the
    Every prescription filled or refilled shall contain the
unique identifier of the person authorized to practice pharmacy
under the provision of this Act who fills or refills the
    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; and
        (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.
    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.
    (b) The record retention requirements for a Division VI
pharmacy shall be set by rule.
(Source: P.A. 92-880, eff. 1-1-04.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/28/2005