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| Public Act 096-0673 |
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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 Pharmacy Practice Act is amended by changing | ||||
Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as follows:
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(225 ILCS 85/3) (from Ch. 111, par. 4123)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 3. Definitions. For the purpose of this Act, except | ||||
where otherwise
limited therein:
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(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
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prescriptions of physicians, dentists, advanced practice | ||||
nurses, physician assistants, veterinarians, podiatrists, or
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optometrists, within the limits of their
licenses, are
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compounded, filled, or dispensed; or (3) which has upon it or
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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",
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"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.
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(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
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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.
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(c) "Medicines" means and includes all drugs intended for
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human or veterinary use approved by the United States Food and | ||
Drug
Administration.
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(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) drug | ||
regimen review; (6) drug or drug-related research; (7) the | ||
provision of patient counseling; (8) the practice of | ||
telepharmacy; (9) the provision of those acts or services | ||
necessary to provide pharmacist care; (10) medication therapy | ||
management; and (11) 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.
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(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
optometrist, within the
limits of their | ||
licenses, by a physician assistant in accordance with
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subsection (f) of Section 4, or by an advanced practice nurse | ||
in
accordance with subsection (g) of Section 4, containing the
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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.
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(f) "Person" means and includes a natural person, | ||
copartnership,
association, corporation, government entity, or | ||
any other legal
entity.
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(g) "Department" means the Department of Financial and
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Professional Regulation.
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(h) "Board of Pharmacy" or "Board" means the State Board
of | ||
Pharmacy of the Department of Financial and Professional | ||
Regulation.
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(i) "Secretary"
means the Secretary
of Financial and | ||
Professional Regulation.
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(j) "Drug product selection" means the interchange for a
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prescribed pharmaceutical product in accordance with Section | ||
25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||
Cosmetic Act.
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(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
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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.
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(k-5) "Pharmacist" means an individual health care | ||
professional and
provider currently licensed by this State to | ||
engage in the practice of
pharmacy.
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(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.
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(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
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pharmacist's designee within a pharmacy or drugstore while the | ||
pharmacist is
on duty and the pharmacy is open.
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(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.
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(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.
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(p) (Blank).
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(q) (Blank).
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(r) "Patient counseling" means the communication between a | ||
pharmacist or a student pharmacist pharmacy intern 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 | ||
intern; and (3) acquiring a patient's allergies and health | ||
conditions.
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(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.
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(t) (Blank).
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(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.
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(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.
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(w) "Current usual and customary retail price" means the | ||
price that a pharmacy charges to a non-third-party payor.
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(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;
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(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.
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(z) "Electronic transmission prescription" means 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.
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(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.
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"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.
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(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.
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(cc) "Protected health information" means individually | ||
identifiable health information that, except as otherwise | ||
provided, is:
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(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 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.
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(Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
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(225 ILCS 85/9) (from Ch. 111, par. 4129)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 9. Registration as pharmacy technician. Any person | ||
shall be entitled
to 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
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institution or received a GED, and has filed a written | ||
application for registration on a form
to be prescribed and | ||
furnished by the Department for that purpose. The
Department | ||
shall issue a certificate of
registration as a registered | ||
pharmacy technician to any applicant who has
qualified as | ||
aforesaid, and such registration shall be the sole authority
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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. | ||
Beginning on January 1, 2010, within 2 years after initial | ||
registration being employed as a registered technician, a | ||
pharmacy technician must become certified by successfully | ||
passing the Pharmacy Technician Certification Board (PTCB) | ||
examination or another Board-approved pharmacy technician | ||
examination and register as a certified pharmacy technician | ||
with the Department in order to continue to perform pharmacy | ||
technician's duties. This requirement does not apply to | ||
pharmacy technicians registered hired prior to January 1, 2008.
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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 pharmacy intern"
and entitled to use the | ||
title "student pharmacist" pharmacy intern". A student | ||
pharmacist pharmacy intern must meet all of the requirements | ||
for registration as a pharmacy technician set forth in this | ||
Section excluding the requirement of certification prior to the | ||
second registration renewal and pay the required pharmacy | ||
technician 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. | ||
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 certified pharmacy | ||
technicians while completing their Board approved clinical | ||
training, but must become licensed as a pharmacist or become a | ||
certified pharmacy technician before the second pharmacy | ||
technician registration renewal following completion of the | ||
Board approved clinical training. | ||
The Department shall not renew the pharmacy technician | ||
license of any person who has been registered as a "student | ||
pharmacist" and has dropped out of or been expelled from an | ||
ACPE accredited college of pharmacy, who has failed to complete | ||
his or her 1,200 hours of Board approved clinical training | ||
within 24 months or who has failed the pharmacist licensure | ||
examination 3 times and shall require these individuals to meet | ||
the requirements of and become registered a certified pharmacy | ||
technician. | ||
The Department, upon the recommendation of the Board, may
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take any action set forth in Section 30 of this Act with regard | ||
to registrations
certificates pursuant to this Section.
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Any person who is enrolled in a non-traditional Pharm.D.
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program at an ACPE accredited college of pharmacy and is a | ||
licensed 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 registration as a registered pharmacy | ||
technician while engaged in the
program of practice experience | ||
required in the academic program.
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An applicant for registration as a 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 certificate of | ||
registration if the
applicant has submitted the required fee | ||
and an application for 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 registration.
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(Source: P.A. 95-689, eff. 10-29-07.)
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(225 ILCS 85/9.5) | ||
(Section scheduled to be repealed on January 1, 2018)
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Sec. 9.5. Certified pharmacy technician. | ||
(a) An individual registered as a pharmacy technician under | ||
this Act may be registered receive certification as a 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 Board. | ||
(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 Board. | ||
(5) He or she has successfully passed an examination | ||
accredited by the National Organization of Certifying | ||
Agencies, as approved and required by the Board. | ||
(6) He or she has paid the required 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. | ||
(c) The Department Board may, by rule, establish any | ||
additional requirements for certification under this Section.
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(d) A person who is not a registered pharmacy technician | ||
and meets the requirements of this Section may register as a | ||
certified pharmacy technician without first registering as a | ||
pharmacy technician. | ||
(Source: P.A. 95-689, eff. 10-29-07.)
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(225 ILCS 85/16a) (from Ch. 111, par. 4136a)
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(Section scheduled to be repealed on January 1, 2018)
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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.
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(b) The Department Board shall require and provide for an | ||
annual nonresident
special pharmacy 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. Nonresident special
| ||
pharmacy registration shall be granted by the Department Board | ||
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;
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(2) of the location, names, and titles of all principal | ||
corporate
officers and all pharmacists who are dispensing | ||
drugs to residents of this
State;
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(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 emergency circumstances | ||
arising
from the dispensing of drugs to residents of this | ||
State;
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(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;
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(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 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.)
| ||
(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 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
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 pharmacist intern.
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(Source: P.A. 95-689, eff. 10-29-07.)
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(225 ILCS 85/30) (from Ch. 111, par. 4150)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 30. Refusal, revocation, or suspension. | ||
(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 In accordance with Section 11 of this | ||
Act, the Department
may refuse to issue, restore, or renew, or | ||
may revoke, suspend, place on
probation, or reprimand as the | ||
Department
may deem proper with regard to any license or | ||
certificate of registration
or may impose a fine upon a | ||
licensee or registrant not to exceed $10,000 per violation for | ||
any one or combination of the following causes:
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1. Material misstatement in furnishing information to | ||
the Department.
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2. Violations of this Act, or the rules promulgated | ||
hereunder.
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3. Making any misrepresentation for the purpose of | ||
obtaining licenses.
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4. A pattern of conduct which demonstrates | ||
incompetence or unfitness
to practice.
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5. Aiding or assisting another person in violating any | ||
provision of
this Act or rules.
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6. Failing, within 60 days, to respond to a written | ||
request made by
the Department for information.
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7. Engaging in unprofessional, dishonorable, or | ||
unethical conduct of
a character likely to deceive, defraud | ||
or harm the public.
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8. 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.
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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.
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10. A finding by the Department that the licensee, | ||
after having his
license placed on probationary status has | ||
violated the terms of probation.
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11. Selling or engaging in the sale of drug samples | ||
provided at no
cost by drug manufacturers.
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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.
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13. A finding that licensure or registration has been | ||
applied for or
obtained by fraudulent means.
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14. 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 , of which an essential | ||
element is dishonesty.
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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.
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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.
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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
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assistance program of the Department of Healthcare and | ||
Family Services (formerly Department of Public Aid) under | ||
the Public Aid Code.
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18. Dispensing Repetitiously dispensing prescription | ||
drugs without receiving a
written or oral prescription in | ||
violation of law.
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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.
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20. Physical or mental illness or any other impairment | ||
or disability, including without limitation deterioration | ||
through the aging process or loss of motor skills that
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results in the inability to practice with
reasonable | ||
judgment, skill or safety, or mental incompetence,
as | ||
declared
by a court of competent jurisdiction.
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21. Violation of the Health Care Worker Self-Referral | ||
Act.
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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
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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.
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23. Interfering with the professional judgment of a | ||
pharmacist by
any registrant under this Act, or his or her | ||
agents or employees.
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24. Failing to report within 60 days to the Department
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any adverse final action taken against a pharmacist, | ||
pharmacist technician, or certified 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.
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26. Disclosing protected health information in | ||
violation of any State or federal law. | ||
(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
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Illinois Department of Revenue, until such time as the | ||
requirements of any
such tax Act are satisfied.
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(c) The Department shall revoke 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
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subsection (c) shall be prohibited from engaging in the | ||
practice of
pharmacy in this State.
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(d) The Department may adopt rules for the imposition of | ||
fines in disciplinary cases, not to exceed $10,000 for each | ||
violation of this Act. 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.
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(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.
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(f) The Department shall issue quarterly to the Board a | ||
status of all
complaints related to the profession received by | ||
the Department.
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(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 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 finds a pharmacist, certified | ||
pharmacy technician, or pharmacy technician unable to practice | ||
because of the reasons set forth in this Section, the Board | ||
shall require such pharmacist, certified pharmacy technician, | ||
or pharmacy technician to submit to care, counseling, or | ||
treatment by physicians or other appropriate health care | ||
providers approved or designated by the Board as a condition | ||
for continued, reinstated, or renewed licensure to practice. | ||
Any pharmacist, certified pharmacy technician, or 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 Board shall have the | ||
authority to review the subject pharmacist's, certified | ||
pharmacy technician's, or pharmacy technician's record of | ||
treatment and counseling regarding the impairment.
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(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07.)
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(225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
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(Section scheduled to be repealed on January 1, 2018)
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Sec. 35.16. The Secretary Director may
temporarily suspend | ||
the license of a pharmacist or pharmacy, or the registration of | ||
a , pharmacy technician
or certified pharmacy technician | ||
registration as a distributor, without a hearing, | ||
simultaneously
with the institution of proceedings for a | ||
hearing provided for in Section
35.2 of this Act, if the | ||
Secretary Director finds that evidence in his possession
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indicates that a continuation in practice would constitute an | ||
imminent
danger to the public. In the event that the Secretary | ||
Director suspends, temporarily,
this license or registration | ||
certificate without a hearing, a hearing by the Department
must | ||
be held within 15
days after such suspension has occurred, and
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be concluded without appreciable delay.
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(Source: P.A. 95-689, eff. 10-29-07.)
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