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| Public Act 094-0084 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||
changing Sections 14, 15, and 18 as follows:
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(225 ILCS 85/14) (from Ch. 111, par. 4134)
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(Section scheduled to be repealed on January 1, 2008)
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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:
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(1) such pharmacy is or will be engaged in the practice | ||||
of
pharmacy; and
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(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.
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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,
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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
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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.
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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.
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Any structural and equipment requirements for a Division VI | ||
pharmacy shall be set by rule.
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(Source: P.A. 92-880, eff. 1-1-04.)
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(225 ILCS 85/15) (from Ch. 111, par. 4135)
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(Section scheduled to be repealed on January 1, 2008)
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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:
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(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;
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(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
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(c) The pharmacy is licensed under this Act to do business.
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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.
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Division I. Retail Licenses for pharmacies which are open | ||
to, or offer
pharmacy services to, the general public.
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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
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conduct of University of Illinois health care programs", | ||
approved July 3,
1931, as amended,
and which are not located in | ||
the facilities they serve.
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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
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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
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facility, as well as employees, prescribers and students of the | ||
facility.
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Division IV. Licenses for pharmacies which provide or offer | ||
for sale
radioactive materials.
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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.
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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 | ||
Act.
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The Director may waive the requirement for a pharmacist to | ||
be on duty
at all times for State facilities not treating human | ||
ailments.
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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.
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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 | ||
displayed.
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(Source: P.A. 92-880, eff. 1-1-04.)
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(225 ILCS 85/18) (from Ch. 111, par. 4138)
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(Section scheduled to be repealed on January 1, 2008)
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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
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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 | ||
Department.
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Every prescription filled or refilled shall contain the
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unique identifier of the person authorized to practice
pharmacy | ||
under the provision of this Act who fills or refills the
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prescription.
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Records kept pursuant to this Section may be maintained in | ||
an alternative
data retention system, such as a direct digital | ||
imaging system, provided that:
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(1) the records maintained in the alternative data | ||
retention system
contain all of the information required in | ||
a manual record;
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(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
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(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.
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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
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representations of original prescription records.
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Inpatient drug orders may be maintained
within an | ||
institution in a manner approved by the Department.
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(b) The record retention requirements for a Division VI | ||
pharmacy shall be set by rule. | ||
(Source: P.A. 92-880, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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