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Public Act 096-0219
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| SB1443 Enrolled |
LRB096 08942 ASK 19080 b |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Hospital Licensing Act is amended by |
changing Section 3 as follows:
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(210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
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Sec. 3. As used in this Act:
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(A) "Hospital" means any institution, place, building, or |
agency, public
or private, whether organized for profit or not, |
devoted primarily to the
maintenance and operation of |
facilities for the diagnosis and treatment or
care of 2 or more |
unrelated persons admitted for overnight stay or longer
in |
order to obtain medical, including obstetric, psychiatric and |
nursing,
care of illness, disease, injury, infirmity, or |
deformity.
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The term "hospital", without regard to length of stay, |
shall also
include:
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(a) any facility which is devoted primarily to |
providing psychiatric and
related services and programs |
for the diagnosis and treatment or care of
2 or more |
unrelated persons suffering from emotional or nervous |
diseases;
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(b) all places where pregnant females are received, |
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cared for, or
treated during delivery irrespective of the |
number of patients received.
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The term "hospital" includes general and specialized |
hospitals,
tuberculosis sanitaria, mental or psychiatric |
hospitals and sanitaria, and
includes maternity homes, |
lying-in homes, and homes for unwed mothers in
which care is |
given during delivery.
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The term "hospital" does not include:
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(1) any person or institution
required to be licensed |
pursuant to the Nursing Home Care Act, as amended;
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(2) hospitalization or care facilities maintained by |
the State or any
department or agency thereof, where such |
department or agency has authority
under law to establish |
and enforce standards for the hospitalization or
care |
facilities under its management and control;
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(3) hospitalization or care facilities maintained by |
the federal
government or agencies thereof;
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(4) hospitalization or care facilities maintained by |
any university or
college established under the laws of |
this State and supported principally
by public funds raised |
by taxation;
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(5) any person or facility required to be licensed |
pursuant to the
Alcoholism and Other Drug Abuse and |
Dependency Act;
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(6) any facility operated solely by and for persons who |
rely
exclusively upon treatment by spiritual means through |
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prayer, in accordance
with the creed or tenets of any |
well-recognized church or religious
denomination; or
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(7) an An Alzheimer's disease management center |
alternative health care
model licensed under the |
Alternative Health Care Delivery Act; or .
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(8) any veterinary hospital or clinic operated by a |
veterinarian or veterinarians licensed under the |
Veterinary Medicine and Surgery Practice Act of 2004 or |
maintained by a State-supported or publicly funded |
university or college. |
(B) "Person" means the State, and any political subdivision |
or municipal
corporation, individual, firm, partnership, |
corporation, company,
association, or joint stock association, |
or the legal successor thereof.
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(C) "Department" means the Department of Public Health of |
the State of
Illinois.
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(D) "Director" means the Director of Public Health of
the |
State of Illinois.
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(E) "Perinatal" means the period of time
between the |
conception of an
infant and the end of the first month after |
birth.
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(F) "Federally designated organ procurement agency" means |
the organ
procurement agency designated by the Secretary of the |
U.S. Department of Health
and Human Services for the service |
area in which a hospital is located; except
that in the case of |
a hospital located in a county adjacent to Wisconsin
which |
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currently contracts with an organ procurement agency located in |
Wisconsin
that is not the organ procurement agency designated |
by the U.S. Secretary of
Health and Human Services for the |
service area in which the hospital is
located, if the hospital |
applies for a waiver pursuant to 42 USC
1320b-8(a), it may |
designate an organ procurement agency
located in Wisconsin to |
be thereafter deemed its federally designated organ
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procurement agency for the purposes of this Act.
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(G) "Tissue bank" means any facility or program operating |
in Illinois
that is certified by the American Association of |
Tissue Banks or the Eye Bank
Association of America and is |
involved in procuring, furnishing, donating,
or distributing |
corneas, bones, or other human tissue for the purpose of
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injecting, transfusing, or transplanting any of them into the |
human body.
"Tissue bank" does not include a licensed blood |
bank. For the purposes of this
Act, "tissue" does not include |
organs.
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(Source: P.A. 91-838, eff. 6-16-00.)
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Section 10. The Pharmacy Practice Act is amended by |
changing Section 15 as follows:
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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, 2018)
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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 |
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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 pharmacist in charge;
and
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(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
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(d) 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 (d) |
shall operate under the license of the home pharmacy.
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The Secretary Director 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 |
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in effect until it is rescinded by the Secretary and the |
Department provides written notice of the rescission to the |
State facility.
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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 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. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
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Section 15. The Illinois Controlled Substances Act is |
amended by changing Section 302 as follows:
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(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302) |
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Sec. 302. (a) Every person who manufactures, distributes, |
or dispenses
any controlled substances, or engages in chemical |
analysis, and
instructional activities which utilize |
controlled substances,
or who purchases, stores, or |
administers euthanasia drugs, within this
State or who proposes |
to engage in the
manufacture, distribution, or dispensing of |
any controlled substance, or to
engage in chemical analysis, |
and instructional activities
which utilize controlled |
substances, or to engage in purchasing, storing, or
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administering euthanasia drugs, within this State, must obtain |
a
registration issued by the Department of Professional |
Regulation in
accordance with its rules. The rules shall
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include, but not be limited to, setting the expiration date and |
renewal
period for each registration under this Act. The |
Department,
and any facility or service licensed by the |
Department, and any veterinary hospital or clinic operated by a |
veterinarian or veterinarians licensed under the Veterinary |
Medicine and Surgery Practice Act of 2004 or maintained by a |
State-supported or publicly funded university or college shall |
be exempt
from the regulation requirements of this Section.
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(b) Persons registered by the Department of Professional |
Regulation
under this Act to manufacture, distribute, or |
dispense controlled
substances, or purchase, store, or |
administer euthanasia drugs, may
possess, manufacture, |
distribute, or dispense those
substances, or purchase, store, |
or administer euthanasia drugs, to the
extent authorized by |
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their registration and in conformity
with the other provisions |
of this Article.
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(c) The following persons need not register and may |
lawfully possess
controlled substances under this Act:
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(1) an agent or employee of any registered |
manufacturer, distributor, or
dispenser of any controlled |
substance if he is acting in the usual course
of his |
employer's lawful business or employment;
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(2) a common or contract carrier or warehouseman, or an |
agent or
employee thereof, whose possession of any |
controlled substance is in the
usual lawful course of such |
business or employment;
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(3) an ultimate user or a person in possession of any |
controlled
substance pursuant to a lawful prescription of a |
practitioner or in lawful
possession of a Schedule V |
substance;
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(4) officers and employees of this State or of the |
United States while
acting in the lawful course of their |
official duties which requires
possession of controlled |
substances;
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(5) a registered pharmacist who is employed in, or the |
owner of, a
pharmacy licensed under this Act and the |
Federal Controlled Substances Act,
at the licensed |
location, or if he is acting in the usual course of his
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lawful profession, business, or employment.
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(d) A separate registration is required at each place of
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business or professional practice where the applicant |
manufactures,
distributes, or dispenses controlled substances, |
or purchases, stores, or
administers euthanasia drugs.
Persons |
are required to obtain a separate registration for each
place |
of business or professional practice where controlled
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substances are located or stored. A separate registration is
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not required for every location at which a controlled substance
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may be prescribed.
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(e) The Department of Professional Regulation or the |
Department of
State Police may inspect the controlled premises, |
as defined in Section
502 of this Act, of a registrant or |
applicant for registration in
accordance with this Act and the |
rules promulgated hereunder and with regard
to persons licensed |
by the Department, in accordance with subsection (bb)
of |
Section 30-5
of the Alcoholism and Other Drug Abuse and |
Dependency Act and
the rules and
regulations promulgated |
thereunder.
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(Source: P.A. 93-626, eff. 12-23-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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