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    (Section scheduled to be repealed on January 1, 2008)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.