Public Act 90-0253 of the 90th General Assembly

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Public Act 90-0253

SB603 Enrolled                                 LRB9003061DPmg

    AN ACT  concerning  prescription  drugs,  amending  named
Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Pharmacy Practice Act of 1987 is  amended
by  changing  Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,
17, 18, and 22 and adding Sections 22a and 40 as follows:

    (225 ILCS 85/3) (from Ch. 111, par. 4123)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 3.  For  the  purpose  of  this  Act,  except  where
otherwise limited therein:
    (a)  "Pharmacy"  or  "drugstore" means and includes every
store, or shop, pharmacy department, or  other  place  where:
(l)  pharmaceutical  care  is  provided  by  a pharmacist (1)
where; or (2) drugs, medicines, or poisons are dispensed,  or
sold or offered for sale at retail,; or displayed for sale at
retail;   or  (2)  (3)  where  prescriptions  of  physicians,
dentists,  veterinarians,  podiatrists,  or   therapeutically
certified  optometrists,   or  other  persons  authorized  to
prescribe  drugs  within  the  limits  of their licenses, are
compounded, filled, or dispensed; or (3) (4) 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) (5) where the characteristic prescription sign (Rx) or
similar design is exhibited; or (5) (6) 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 judgement in the  following  areas,
which  may  include,  but  are is 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
and applying pharmacokinetic and laboratory  data  to  design
safe  and  effective  drug  regimens,  (5)  and drug research
(clinical and scientific) when applicable in the pharmacist's
professional judgment, 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, containing the following: (l)
name of the patient; (2) date when  prescription  was  issued
given;  (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,   or   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 Mental Health and Developmental
Disabilities or the Department of Corrections.
    (k-5)  "Pharmacist"   means   an   individual   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   and   not  for  sale  or  dispensing  a
prescriber's order;  or  (3)  the  preparation  of  drugs  or
medical  devices  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  or  governmental  agency  authorized by law to
receive the information.
    (q)  "Prospective  drug  review"  or  "drug   utilization
evaluation"  means  a  review  of the 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.  offer
to   counsel   shall   be  made  by  the  pharmacist  or  the
pharmacist's designee in a  face-to-face  communication  with
the  patient,  unless,  in  the  professional judgment of the
pharmacists it is deemed  inappropriate  or  unnecessary.  In
such  instances,  it  would  be  permissible for the offer to
counsel to 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 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.)

    (Text of Section after amendment by P.A. 89-507)
    Sec. 3. Definitions.  For the purpose of this Act, except
where otherwise limited therein:
    (a)  "Pharmacy" or "drugstore" means and  includes  every
store,  or  shop,  pharmacy department, or other place where:
(l) pharmaceutical care  is  provided  by  a  pharmacist  (1)
where;  or (2) drugs, medicines, or poisons are dispensed, or
sold or offered for sale at retail,; or displayed for sale at
retail;  or  (2)  (3)  where  prescriptions  of   physicians,
dentists,   veterinarians,  podiatrists,  or  therapeutically
certified  optometrists,  or  other  persons  authorized   to
prescribe  drugs  within  the  limits  of their licenses, are
compounded, filled, or dispensed; or (3) (4) 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) (5) where the characteristic prescription sign (Rx) or
similar design is exhibited; or (5) (6) 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 is 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
and applying pharmacokinetic and laboratory  data  to  design
safe  and  effective  drug  regimens,  (5)  and drug research
(clinical and scientific) when applicable in the pharmacist's
professional judgment, 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, containing the  following:  (l)
name  of  the  patient; (2) date when prescription was issued
given; (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,   or   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   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  and  not  for  sale   or   dispensing   a
prescriber's  order;  or  (3)  the  preparation  of  drugs or
medical devices 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 or governmental  agency  authorized  by  law  to
receive the information.
    (q)  "Prospective   drug  review"  or  "drug  utilization
evaluation" means a review of  the  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. offer
to  counsel  shall  be  made  by  the   pharmacist   or   the
pharmacist's  designee  in  a face-to-face communication with
the patient, unless, in  the  professional  judgment  of  the
pharmacists  it  is  deemed  inappropriate or unnecessary. In
such instances, it would be  permissible  for  the  offer  to
counsel  to  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 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.)

    (225 ILCS 85/4) (from Ch. 111, par. 4124)
    Sec.  4.  Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with;
    (a)  the lawful practice of  any  physician  licensed  to
practice   medicine   in   all   of  its  branches,  dentist,
podiatrist,    veterinarian,    or     therapeutically     or
diagnostically   certified   optometrist   or  other  persons
authorized to prescribe drugs within the limits of his or her
license their licenses, or prevent him or her from  supplying
to  his  or  her bona fide patients such drugs, medicines, or
poisons as may seem to him appropriate proper;
    (b)  the sale of compressed gases;
    (c)  the sale of  patent  or  proprietary  medicines  and
household   remedies  when  sold  in  original  and  unbroken
packages only, if such patent or  proprietary  medicines  and
household  remedies  be properly and adequately labeled as to
content and usage and generally considered  and  accepted  as
harmless   and   nonpoisonous  when  used  according  to  the
directions on the label, and also do  not  contain  opium  or
coca  leaves, or any compound, salt or derivative thereof, or
any drug which, according  to  the  latest  editions  of  the
following    authoritative   pharmaceutical   treatises   and
standards, namely, The United  States  Pharmacopoeia/National
Formulary  (USP/NF),  the United States Dispensatory, and the
Accepted  Dental  Remedies   of   the   Council   of   Dental
Therapeutics  of  the  American  Dental Association or any or
either of them, in use on the effective date of this Act,  or
according  to  the  existing  provisions of the Federal Food,
Drug, and Cosmetic Act and Regulations of the  Department  of
Health  and  Human  Services,  Food  and Drug Administration,
promulgated  thereunder  now  in   effect,   is   designated,
described  or  considered  as  a  narcotic,  hypnotic,  habit
forming, dangerous, or poisonous drug;
    (d)  the  sale  of  poultry  and  livestock  remedies  in
original  and unbroken packages only, labeled for poultry and
livestock medication; and
    (e)  the sale  of  poisonous  substances  or  mixture  of
poisonous  substances, in unbroken packages, for nonmedicinal
use in the arts or industries or  for  insecticide  purposes;
provided,  they  are  properly  and  adequately labeled as to
content and such nonmedicinal usage, in conformity  with  the
provisions  of  all  applicable federal, state and local laws
and regulations promulgated thereunder now in effect relating
thereto and governing the same, and those which are  required
under such applicable laws and regulations to be labeled with
the  word  "Poison",  are also labeled with the word "Poison"
printed thereon in prominent type and the name of  a  readily
obtainable antidote with directions for its administration.
(Source: P.A. 85-796.)

    (225 ILCS 85/5) (from Ch. 111, par. 4125)
    Sec. 5. Application of Act.
    (a)  It shall be unlawful for any person to engage in the
practice  of  pharmacy in this State and it shall be unlawful
for any employer to allow any person in his or her employ  to
engage in the practice of pharmacy in this State, unless such
person  who  shall engage in the practice of pharmacy in this
State shall be first authorized to do so under the provisions
of this Act except that it shall be lawful for any person  to
engage  in  and any person shall have the authority to engage
in the practice of pharmacy in this State through an agent or
employee who  shall  then  be  the  holder  of  a  valid  and
unexpired  license  under  the provisions of this Act and who
shall then carry on such practice of pharmacy  on  behalf  of
his principal or employer to the extent and within the limits
of the authority applicable to his license.
    (b)  Nothing  contained in this Act shall be construed to
invalidate any existing valid and  unexpired  certificate  of
registration,   nor   any   existing   rights  or  privileges
thereunder,  of   any   registered   pharmacist,   registered
assistant   pharmacist,   local   registered  pharmacist,  or
registered pharmacy apprentice, in force on January  1,  1956
and issued under any prior Act of this State also in force on
January  1, 1956.  Every person holding such a certificate of
registration shall have the authority to practice under  this
Act,  but  shall  be  subject  to  the  same  limitations and
restrictions as were applicable to him  or  her  in  the  Act
under  which  his  or  her  certificate  of  registration was
issued.  Each such certificate may be renewed as provided  in
Section 12.
    (c)  It  shall be unlawful for any person to take, use or
exhibit  any  word,  object,  sign  or  design  described  in
subsection (a) of Section  3  in  connection  with  any  drug
store,  shop  or  other  place  or  in  any  other  manner to
advertise or hold himself out as operating  or  conducting  a
drug  store unless such drug store, shop, pharmacy department
or other place shall be operated and conducted in  compliance
with the provisions of this Act.
(Source: P.A. 85-796.)
    (225 ILCS 85/7) (from Ch. 111, par. 4127)
    Sec.   7.   Application;  examination.  Applications  for
original licenses shall be made to the Department in  writing
on   forms   prescribed   by  the  Department  and  shall  be
accompanied  by  the  required  fee,  which  shall   not   be
refundable.   Any   such   application   shall  require  such
information as in the judgment of the Department will  enable
the Board and Department to pass on the qualifications of the
applicant for a license.
    The Department shall authorize examinations of applicants
as pharmacists not less than 3 times per twice a year at such
times  and  places  as  it may determine.  The examination of
applicants shall be of a character to give a fair test of the
qualifications of the applicant to practice pharmacy.
    Applicants  for  examination  as  pharmacists  shall   be
required  to  pay, either to the Department or the designated
testing service, a fee covering the  cost  of  providing  the
examination.   Failure  to  appear for the examination on the
scheduled date, at the time and place  specified,  after  the
applicant's application for examination has been received and
acknowledged  by  the  Department  or  the designated testing
service, shall result in the forfeiture  of  the  examination
fee.  The  examination shall be developed and provided by the
National Association of Boards of Pharmacy.
    If an applicant neglects, fails or  refuses  to  take  an
examination  or  fails  to  pass an examination for a license
under this Act within 3 years after filing  his  application,
the  application  is  denied.   However,  such  applicant may
thereafter make a new application accompanied by the required
fee and show evidence of meeting the requirements in force at
the time of the new application.
    The  Department  shall  notify  applicants   taking   the
examination   of   their   results  within  7  weeks  of  the
examination date.  Further, the  Department  shall  have  the
authority   to  immediately  authorize  such  applicants  who
successfully pass the examination to engage in  the  practice
of pharmacy.
    An  applicant  shall  have  one  year  from  the  date of
notification of successful completion of the  examination  to
apply  to the Department for a license. If an applicant fails
to make such application within one year the applicant  shall
be required to again take and pass the examination.
    The  Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 88-428.)

    (225 ILCS 85/9) (from Ch. 111, par. 4129)
    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,  who  has  not
engaged  in  conduct or behavior determined to be grounds for
discipline under this Act, is of  and  temperate  habits,  is
attending or has graduated a graduate from an accredited high
school  or  comparable school or educational institution, and
who  has  filed  a  written  application   for   registration
therefor,  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 required to
assist  licensed  pharmacists  in  the  practice of pharmacy,
under the personal supervision of a licensed pharmacist.  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 shall be
considered a "student pharmacist" and  entitled  to  use  the
title   "student   pharmacist".   The  Department,  upon  the
recommendation of the Board, may take any action set forth in
Section 30 of this Act with regard to  certificates  pursuant
to this Section.
    Any  person  who  is enrolled in a non-traditional PharmD
program  at  an  ACPE  accredited  college  of  pharmacy  the
University  of  Illinois  at  Chicago  College  of   Pharmacy
Continuation  Curriculum  Option  leading  to  the  Doctor of
Pharmacy degree 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 Continuation Curriculum Option 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 Continuation
Curriculum Option.
    An applicant for registration as  a  pharmacy  technician
may  assist  a  registered  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.
(Source: P.A. 86-596; 87-1237.)

    (225 ILCS 85/10) (from Ch. 111, par. 4130)
    Sec. 10. State Board of Pharmacy. There is created in the
Department the State Board of Pharmacy. It shall consist of 9
members,  7  of  whom  shall be licensed pharmacists. Each of
those 7  members  must  be  a  licensed  pharmacist  in  good
standing  in  this State, a graduate of an accredited college
of pharmacy or hold a Bachelor of Science degree in  Pharmacy
and  have  at  least  5  years'  practical  experience in the
practice of pharmacy subsequent to the date of his  licensure
as  a  licensed  pharmacist  in  the State of Illinois. There
shall be 2 public members, who shall be voting  members,  who
shall  not be licensed pharmacists in this State or any other
state.
    Each member shall be appointed by the Governor.
    The terms of all members serving as  of  March  31,  1999
shall  expire  on  that  date.  The  Governor shall appoint 3
persons to serve one-year terms, 3 persons  to  serve  3-year
terms,  and 3 persons to serve 5-year terms to begin April 1,
1999.  Otherwise, members shall be appointed to 5 year terms.
No member shall be eligible to serve more than 12 consecutive
years.  No member shall be eligible to serve  for  or  during
more  than  2  successive  terms.   Members  serving  on  the
effective  date of this Act shall complete their current term
and be eligible to serve one additional term.
    In making the appointment of members on  the  Board,  the
Governor  shall  give due consideration to recommendations by
the  members  of  the   profession   of   pharmacy   and   by
pharmaceutical  organizations  therein.   The  Governor shall
notify  the  pharmaceutical  organizations  promptly  of  any
vacancy of members on the Board  and  in  appointing  members
shall  give consideration to individuals engaged in all types
and settings of pharmacy practice.
    The Governor may remove  any  member  of  the  Board  for
misconduct, incapacity or neglect of duty and he shall be the
sole judge of the sufficiency of the cause for removal.
    Every  person  appointed a member of the Board shall take
and subscribe the constitutional oath of office and  file  it
with  the Secretary of State.  Each member of the Board shall
be reimbursed for such actual and legitimate expenses  as  he
may  incur  in  going  to  and  from the place of meeting and
remaining thereat during sessions of the Board.  In addition,
each member of the Board shall receive a per diem payment  in
an  amount  determined  from time to time by the Director for
attendance at meetings of  the  Board  and  conducting  other
official business of the Board.
    The  Board  shall  hold  quarterly meetings and an annual
meeting in January of each year and such  other  meetings  at
such  times  and places and upon such notice as the Board may
determine and as its business may require.  Five  members  of
the  Board  shall  constitute a quorum for the transaction of
business. The Director shall appoint a pharmacy  coordinator,
who  shall  be someone other than a member of the Board.  The
pharmacy coordinator shall be a registered pharmacist in good
standing in this State, shall be a graduate of an  accredited
college  of  pharmacy,  or  hold  at  a minimum a Bachelor of
Science degree in Pharmacy and shall have at least  5  years'
experience  in  the practice of pharmacy immediately prior to
his  appointment.  The  pharmacy  coordinator  shall  be  the
executive administrator and the chief enforcement officer  of
the "Pharmacy Practice Act".
    The  Board  shall  exercise the rights, powers and duties
which have been vested in the Board under this Act,  and  any
other duties conferred upon the Board by law.
    The  Director  shall,  in  conformity  with the Personnel
Code, employ not less than 7  pharmacy  investigators  and  2
pharmacy  supervisors.   Each  pharmacy investigator and each
supervisor shall be a registered pharmacist in good  standing
in  this  State,  and  shall  be  a graduate of an accredited
college of pharmacy and have at least 5 years  of  experience
in the practice of pharmacy. The Department shall also employ
at  least  one  attorney  who  is  a  pharmacist to prosecute
violations of this Act and its rules.  The  Department  shall
also employ one pharmacist who is an attorney. The Department
may,  in  conformity  with  the  Personnel  Code, employ such
clerical and other employees as are necessary  to  carry  out
the duties of the Board.
    The   duly   authorized  pharmacy  investigators  of  the
Department shall have the right to enter and  inspect  during
business  hours  any pharmacy or any other place in the State
of Illinois  holding  itself  out  to  be  a  pharmacy  where
medicines  or drugs or drug products or proprietary medicines
are sold, offered for sale, exposed for  sale,  or  kept  for
sale. The pharmacy investigators shall be the only Department
investigators authorized to inspect, investigate, and monitor
probation compliance of pharmacists and pharmacies.
    The  Board shall render annually to the Director a report
of their proceedings during the preceding year, together with
such other information and recommendations as the Board deems
proper.
(Source: P.A. 87-1237; 88-428.)

    (225 ILCS 85/11) (from Ch. 111, par. 4131)
    Sec. 11. Duties of the Department. The  Department  shall
exercise  the  powers  and  duties  prescribed  by  the Civil
Administrative Code of Illinois  for  the  administration  of
Licensing  Acts  and  shall  exercise  such  other powers and
duties necessary for effectuating the purpose  of  this  Act.
However,  the  following powers and duties shall be exercised
only upon action and report in writing of a majority  of  the
Board of Pharmacy to take such action:
    (a)  Formulate  such rules, not inconsistent with law and
subject to the Illinois Administrative Procedure Act, as  may
be  necessary  to  carry  out  the  purposes  and enforce the
provisions of this Act.  The  Director  may  grant  variances
from any such rules as provided for in this Section;
    (b)  The  suspension,  revocation,  censuring, placing on
probationary status, reprimand,  and  refusing  to  issue  or
restore  any  license  or  certificate of registration issued
under the provisions of this Act for the reasons set forth in
Section 30 of this Act.
    (c)  The issuance, renewal, restoration or reissuance  of
any  license or certificate which has been previously refused
to be issued or renewed, or has been  revoked,  suspended  or
placed on probationary status.
    The granting of variances from rules promulgated pursuant
to  this Section in individual cases where there is a finding
that:
         (1)  the  provision  from  which  the  variance   is
    granted is not statutorily mandated;
         (2)  no party will be injured by the granting of the
    variance; and
         (3)  the  rule  from  which  the variance is granted
    would,  in  the  particular  case,  be  unreasonable   or
    unnecessarily burdensome.
    The  Director shall notify the State Board of Pharmacy of
the granting of such variance and the  reasons  therefor,  at
the next meeting of the Board.
(Source: P.A. 88-428.)

    (225 ILCS 85/12) (from Ch. 111, par. 4132)
    Sec.  12.  Expiration of license; renewal. The expiration
date and renewal period for each license and  certificate  of
registration issued under this Act shall be set by rule.
    As  a  condition  for  the  renewal  of  a certificate of
registration as a registered pharmacist, the registrant shall
provide evidence to the Department of completion of  a  total
of  30  hours  of  pharmacy continuing education during the 2
calendar  years  preceding  the  expiration   date   of   the
certificate.   Such continuing education shall be approved by
the American Council on Pharmaceutical Education.
    The Department shall establish by rule a  means  for  the
verification   of  completion  of  the  continuing  education
required  by  this  Section.   This   verification   may   be
accomplished   through   audits   of  records  maintained  by
registrants, by requiring the filing of continuing  education
certificates  with the Department or a qualified organization
selected by the Department to maintain  such  records  or  by
other means established by the Department.
    Rules  developed  under  this  Section  may provide for a
reasonable biennial fee, not to exceed $20, to fund the  cost
of such recordkeeping. The Department shall, by rule, further
provide  an orderly process for the reinstatement of licenses
which have not been renewed due to the failure  to  meet  the
continuing   education  requirements  of  this  Section.  The
requirements of continuing education may be waived, in  whole
or  in  part, in cases of extreme hardship as defined by rule
of the Department. Such waivers shall be granted for not more
than one of any 3 consecutive renewal periods.
    Any pharmacist who has permitted his license to expire or
who has had his license  on  inactive  status  may  have  his
license  restored by making application to the Department and
filing proof acceptable to the Department of his  fitness  to
have  his  license  restored,  and  by  paying  the  required
restoration  fee.  The  Department  shall  determine,  by  an
evaluation  program  established  by  rule  his  fitness  for
restoration of his license and shall establish procedures and
requirements  for  such restoration.  However, any pharmacist
who demonstrates that he has continuously  maintained  active
practice  in  another  jurisdiction  pursuant to a license in
good standing, and who has substantially  complied  with  the
continuing  education  requirements of this Section shall not
be  subject  to  further  evaluation  for  purposes  of  this
Section.
    Any licensee who shall engage in the practice  for  which
his  or  her  license was issued while the license is expired
lapsed or on  inactive  status  shall  be  considered  to  be
practicing  without  a  license  which,  shall be grounds for
discipline under Section 30 of this Act.
    Any pharmacy operating on an expired a lapsed license  is
engaged  in  the unlawful practice of pharmacy and is subject
to discipline under Section 30 of this Act.  A pharmacy whose
license has been expired lapsed for one year or more may  not
have  its  license  restored but must apply for a new license
and meet all requirements for licensure.  Any pharmacy  whose
license  has  been  expired lapsed for less than one year may
apply for restoration of  its  license  and  shall  have  its
license restored.
    However,  any  pharmacist  whose license expired while he
was  (l)  in Federal Service on active duty  with  the  Armed
Forces of the United States, or the State Militia called into
service  or  training, or  (2) in training or education under
the supervision of the United States preliminary to induction
into  the  military  service,  may  have   his   license   or
certificate  restored without paying any lapsed renewal fees,
if  within  2  years  after  honorable  termination  of  such
service, training or education he  furnishes  the  Department
with  satisfactory evidence to the effect that he has been so
engaged and that his service, training or education has  been
so terminated.
(Source: P.A. 85-796; 86-1434; 86-1472.)

    (225 ILCS 85/13) (from Ch. 111, par. 4133)
    Sec.  13.   Inactive status.  Any pharmacist who notifies
the  Department,  in  writing  on  forms  prescribed  by  the
Department, may elect to place his  license  on  an  inactive
status  and shall be excused from payment of renewal fees and
completion of  continuing  education  requirements  until  he
notifies  the  Department in writing of his intent to restore
his license.
    Any  pharmacist  requesting  restoration  from   inactive
status  shall  be required to pay the current renewal fee and
shall  be  required  to  restore  his  or  her   license   or
certificate, as provided by rule of the Department.
    Any  pharmacist  whose  license  is in an inactive status
shall not practice in the State of Illinois.
    Neither a pharmacy  license  nor  a  pharmacy  technician
license may be placed on inactive status.
    Continued  practice on a license which has lapsed or been
placed  on  inactive  status  shall  be  considered   to   be
practicing without a license.
(Source: P.A. 85-796.)

    (225 ILCS 85/14) (from Ch. 111, par. 4134)
    Sec. 14. Structural and equipment requirements. No person
shall establish or move to a new location any pharmacy unless
the  pharmacy is licensed with the Department and has on file
with the Department a verified statement that:
         (1) 1.  such pharmacy is or will be engaged  in  the
    practice of pharmacy; and
         (2)  2.  such  pharmacy will have in stock and shall
    maintain sufficient drugs and materials as to protect the
    public  within  30  days  after  the  issuance   of   the
    registration of the pharmacy.
    Division  I,  II, III, IV, or V pharmacies Every pharmacy
shall be in a suitable, well-lighted and well-ventilated area
with  at  least  300  square  feet  of  clean  and   sanitary
contiguous   space   and   shall  be  suitably  equipped  for
compounding prescriptions, storage of drugs and sale of drugs
and to otherwise conduct the practice of pharmacy.  The space
occupied shall be equipped with a  sink  with  hot  and  cold
water  or facilities for heating water, proper sewage outlet,
refrigeration   storage   equipment,   and   such   fixtures,
facilities,  drugs,  equipment  and  material,  which   shall
include   the   current   editions   of   the  United  States
Pharmacopoeia/DI, Facts and Comparisons, or any other current
compendium  approved  by  the  Department,  and  other   such
reference  works,  as  will  enable  a pharmacist to practice
pharmacy, including this Act and the rules promulgated  under
this  Act.   Such  pharmacy  shall  have the following items:
accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and
a prescription balance equipped with  balance  indicator  and
with  mechanical  means  of arresting the oscillations of the
mechanism and which balance shall be sensitive to  0.5  grain
(32 mg) or less or an alternative weighing device as approved
by the Department, and such other measuring devices as may be
necessary for the conduct of the practice of pharmacy.
    The  provisions of this Section with regard to 300 square
feet of space shall apply to any  pharmacy  which  is  opened
after  the effective date of this Act.  Nothing shall require
a pharmacy in existence on the effective  date  of  this  Act
which  is  comprised  of less than 300 square feet to provide
additional space to meet these requirements.
(Source: P.A. 87-1237; 88-428.)

    (225 ILCS 85/15) (from Ch. 111, par. 4135)
    (Text of Section before amendment by P.A. 89-507)
    Sec. 15.  It shall be  unlawful  for  the  owner  of  any
pharmacy,  as  drugstore,  shop, pharmacy department or other
place in this State, defined in this Act as a  "pharmacy"  or
as  a  "drug  store",  to  operate or conduct the same, or to
allow the same to be operated or conducted, unless:
    (a)  It has a licensed pharmacist, authorized to practice
pharmacy in this State under the provisions of this  Act,  on
duty  whenever the practice of pharmacy is conducted pharmacy
within the establishment is open to the public;
    (b)  Security provisions for all drugs  and  devices,  as
determined by rule of the Department, are provided during the
absence   from   the   licensed   pharmacy  of  all  licensed
pharmacists.   Maintenance  of  security  provisions  is  the
responsibility  of  the  licensed  registered  pharmacist  in
charge; and
    (c)  The pharmacy  is  licensed  under  this  Act  to  do
business.
    The  Department  shall, by rule, provide requirements for
each division of pharmacy license and shall, as well  provide
guidelines  for the designation of a registered pharmacist in
charge for each division.
    Division I.  Retail Licenses  for  pharmacies  which  are
open to, or offer pharmacy services to, the general public.
    Division  II.   Licenses  for  pharmacies  whose  primary
pharmacy  service  is  provided  to  patients or residents of
facilities licensed under the Nursing Home Care  Act  or  the
Hospital  Licensing  Act,  or  "An  Act  in  relation  to the
founding and operation of the University of Illinois Hospital
and  the  conduct  of  University  of  Illinois  health  care
programs", approved July 3, 1931, as amended, and  which  are
not located in the facilities they serve.
    Division  III.  Licenses for pharmacies which are located
in a facility licensed under the Nursing Home Care Act or the
Hospital Licensing  Act,  or  "An  Act  in  relation  to  the
founding and operation of the University of Illinois Hospital
and  the  conduct  of  University  of  Illinois  health  care
programs",  approved  July 3, 1931, as amended, or a facility
which is operated by the  Department  of  Mental  Health  and
Developmental  Disabilities or the Department of Corrections,
and which provide pharmacy services to residents or  patients
of  the  facility,  as  well  as  employees,  prescribers and
students of the facility.
    Division IV.  Licenses for pharmacies  which  provide  or
offer for sale radioactive materials.
    Division  V.  Licenses for pharmacies which hold licenses
in Division II or Division III which  also  provide  pharmacy
services  to  the  general  public,  or  pharmacies which are
located in or whose primary pharmacy service is to ambulatory
care facilities or schools of veterinary  medicine  or  other
such institution or facility.
    The  Director  may waive the requirement for a pharmacist
to be on duty at all times for State facilities not  treating
human ailments.
    It  shall  be  unlawful  for  any  person,  who  is not a
licensed pharmacy or health care facility, to purport  to  be
such  or  to  use  in name, title, or sign designating, or in
connection with that place of business,  any  of  the  words:
"pharmacy",      "pharmacist",     "pharmacy     department",
"apothecary",  "druggist",  "drug",   "drugs",   "medicines",
"medicine store", "drug sundries", "prescriptions filled", or
any  list  of  words  indicating that drugs are compounded or
sold to  the  lay  public,  or  prescriptions  are  dispensed
therein.   Each  day  during  which,  or  a  part which, such
representation is made or appears or such a sign  is  allowed
to  remain  upon  or  in  such  a  place  of  business  shall
constitute a separate offense under this Act.
    The  holder of any license or certificate of registration
shall conspicuously display it in the pharmacy in which he is
engaged  in  the  practice  of  pharmacy.    The   registered
pharmacist  in charge shall conspicuously display his name in
such  pharmacy.   The  pharmacy   license   shall   also   be
conspicuously displayed.
(Source: P.A. 86-820.)

    (Text of Section after amendment by P.A. 89-507)
    Sec.  15. Pharmacy requirements. It shall be unlawful for
the owner of  any  pharmacy,  as  drugstore,  shop,  pharmacy
department  or other place in this State, defined in this Act
as a "pharmacy" or as a "drug store", to operate  or  conduct
the  same,  or to allow the same to be operated or conducted,
unless:
    (a)  It has a licensed pharmacist, authorized to practice
pharmacy in this State under the provisions of this  Act,  on
duty  whenever the practice of pharmacy is conducted pharmacy
within the establishment is open to the public;
    (b)  Security provisions for all drugs  and  devices,  as
determined by rule of the Department, are provided during the
absence   from   the   licensed   pharmacy  of  all  licensed
pharmacists.   Maintenance  of  security  provisions  is  the
responsibility  of  the  licensed  registered  pharmacist  in
charge; and
    (c)  The pharmacy  is  licensed  under  this  Act  to  do
business.
    The  Department  shall, by rule, provide requirements for
each division of pharmacy license and shall, as well  provide
guidelines  for the designation of a registered pharmacist in
charge for each division.
    Division I.  Retail Licenses  for  pharmacies  which  are
open to, or offer pharmacy services to, the general public.
    Division  II.   Licenses  for  pharmacies  whose  primary
pharmacy  service  is  provided  to  patients or residents of
facilities licensed under the Nursing Home Care  Act  or  the
Hospital  Licensing  Act,  or  "An  Act  in  relation  to the
founding and operation of the University of Illinois Hospital
and  the  conduct  of  University  of  Illinois  health  care
programs", approved July 3, 1931, as amended, and  which  are
not located in the facilities they serve.
    Division  III.  Licenses for pharmacies which are located
in a facility licensed under the Nursing Home Care Act or the
Hospital Licensing  Act,  or  "An  Act  in  relation  to  the
founding and operation of the University of Illinois Hospital
and  the  conduct  of  University  of  Illinois  health  care
programs",  approved  July 3, 1931, as amended, or a facility
which is operated by the Department  of  Human  Services  (as
successor   to   the   Department   of   Mental   Health  and
Developmental Disabilities) or the Department of Corrections,
and which provide pharmacy services to residents or  patients
of  the  facility,  as  well  as  employees,  prescribers and
students of the facility.
    Division IV.  Licenses for pharmacies  which  provide  or
offer for sale radioactive materials.
    Division  V.  Licenses for pharmacies which hold licenses
in Division II or Division III which  also  provide  pharmacy
services  to  the  general  public,  or  pharmacies which are
located in or whose primary pharmacy service is to ambulatory
care facilities or schools of veterinary  medicine  or  other
such institution or facility.
    The  Director  may waive the requirement for a pharmacist
to be on duty at all times for State facilities not  treating
human ailments.
    It  shall  be  unlawful  for  any  person,  who  is not a
licensed pharmacy or health care facility, to purport  to  be
such  or  to  use  in name, title, or sign designating, or in
connection with that place of business,  any  of  the  words:
"pharmacy",      "pharmacist",     "pharmacy     department",
"apothecary",  "druggist",  "drug",   "drugs",   "medicines",
"medicine store", "drug sundries", "prescriptions filled", or
any  list  of  words  indicating that drugs are compounded or
sold to  the  lay  public,  or  prescriptions  are  dispensed
therein.   Each  day  during  which,  or  a  part which, such
representation is made or appears or such a sign  is  allowed
to  remain  upon  or  in  such  a  place  of  business  shall
constitute a separate offense under this Act.
    The  holder of any license or certificate of registration
shall conspicuously display it in the pharmacy in which he is
engaged  in  the  practice  of  pharmacy.    The   registered
pharmacist  in charge shall conspicuously display his name in
such  pharmacy.   The  pharmacy   license   shall   also   be
conspicuously displayed.
(Source: P.A. 89-507, eff. 7-1-97.)
    (225 ILCS 85/17) (from Ch. 111, par. 4137)
    Sec.  17.  Disposition  of  legend  drugs on cessation of
pharmacy operations.
    (a)  The pharmacist in charge of a pharmacy which has its
pharmacy license revoked or otherwise ceases operation  shall
notify the Department and forward to the Department a copy of
the   closing   inventory  of  controlled  substances  and  a
statement indicating the intended manner  of  disposition  of
all  legend  drugs  and  prescription files within 10 days of
such revocation or cessation of operation.
    (b)  The Department shall approve the intended manner  of
disposition  of all legend drugs prior to disposition of such
drugs by the pharmacist in charge.
         (1)  The Department shall notify the  pharmacist  in
    charge  of  approval  of the manner of disposition of all
    legend drugs, or disapproval accompanied by  reasons  for
    such  disapproval,  within  10  days  of  receipt  of the
    statement from the pharmacist in charge.   In  the  event
    that  the  manner  of  disposition  is  not approved, the
    pharmacist in charge shall notify the  Department  of  an
    alternative  manner  of disposition within 10 days of the
    receipt of disapproval.
         (2)  If disposition of all  legend  drugs  does  not
    occur  within 10 days after approval is received from the
    Department, or if no alternative method of disposition is
    submitted  to  the  Department  within  10  days  of  the
    Department's disapproval, the Director shall  notify  the
    pharmacist  in  charge  by  mail  at  the  address of the
    closing  pharmacy,  of   the   Department's   intent   to
    confiscate  all  legend  drugs.   The Notice of Intent to
    Confiscate shall be the final administrative decision  of
    the   Department,   as   that  term  is  defined  in  the
    Administrative Review Law, and the  confiscation  of  all
    prescription drugs shall be effected.
    (b-5)  In  the  event  that  the pharmacist in charge has
died or is otherwise physically incompetent  to  perform  the
duties  of this Section, the owner of a pharmacy that has its
license  revoked  or  otherwise  ceases  operation  shall  be
required to fulfill the duties  otherwise  imposed  upon  the
pharmacist in charge.
    (c)  The   pharmacist  in  charge  of  a  pharmacy  which
acquires prescription files  from  a  pharmacy  which  ceases
operation  shall  be responsible for the preservation of such
acquired prescriptions for the remainder  of  the  term  that
such prescriptions are required to be preserved by this Act.
    (d)  Failure to comply with this Section shall be grounds
for  denying  an  application  or  renewal  application for a
pharmacy  license  or  for  disciplinary  action  against   a
registration.
    (e)  Compliance  with  the  provisions  of  the  Illinois
Controlled  Substances  Act  concerning  the  disposition  of
controlled  substances  shall  be deemed compliance with this
Section with respect to legend  drugs  which  are  controlled
substances.
(Source: P.A. 88-428.)

    (225 ILCS 85/18) (from Ch. 111, par. 4138)
    Sec.  18.  Record retention. There shall be kept in every
drugstore or pharmacy a suitable book,  file,  or  electronic
record  keeping  system  in  which  shall  be preserved for a
period of not less than 5 years the original of every written
prescription and the original transcript  or  copy  of  every
verbal prescription filled, compounded, or dispensed, in such
pharmacy; and such book or file of prescriptions shall at all
reasonable  times  be  open  to  inspection  to  the pharmacy
coordinator and the duly authorized agents  or  employees  of
the Department.
    Records  kept  pursuant to this Section may be maintained
in an alternative data  retention system, such  as  a  direct
digital imaging system, provided that:
         (1)  the  records maintained in the alternative data
    retention system contain all of the information  required
    in a manual record;
         (2)  the   data  processing  system  is  capable  of
    producing a hard copy of the  electronic  record  on  the
    request  of  the  Board,  its  representative,  or  other
    authorized  local,  State,  or federal law enforcement or
    regulatory agency; and
         (3)  the digital images are recorded and stored only
    by means of a technology that does not  allow  subsequent
    revision or replacement of the images.
    As used in this Section, "digital imaging system" means a
system,  including people, machines, methods of organization,
and procedures, that  provides  input,  storage,  processing,
communications,  output,  and control functions for digitized
representations of original prescription records.
    Inpatient  drug  orders  may  be  maintained  within   an
institution in a manner approved by the Department.
(Source: P.A. 85-796.)

    (225 ILCS 85/22) (from Ch. 111, par. 4142)
    Sec.  22.  Except only in the case of a drug, medicine or
poison which is lawfully sold or dispensed, at retail, in the
original and unbroken package of the manufacturer, packer, or
distributor thereof, and which  package  bears  the  original
label   thereon   showing   the   name  and  address  of  the
manufacturer, packer, or distributor thereof, and the name of
the drug, medicine, or  poison  therein  contained,  and  the
directions  for its use, no person shall sell or dispense, at
retail, any drug, medicine, or poison,  without  affixing  to
the  box,  bottle,  vessel, or package containing the same, a
label bearing the name of the article distinctly  shown,  and
the  directions for its use, with the name and address of the
pharmacy wherein the same is sold or dispensed.  However,  in
the  case  of  a  drug,  medicine, or poison which is sold or
dispensed pursuant to a prescription of a licensed  physician
licensed  to  practice  medicine  in  a11  of  its  branches,
licensed dentist, licensed veterinarian, licensed podiatrist,
or  therapeutically  or  diagnostically certified optometrist
authorized  by  law  to  prescribe  drugs  or,  medicines  or
poisons, or other licensed  medical  practitioner  the  label
affixed to the box, bottle, vessel, or package containing the
same  shall  show:  (a)  The name and address of the pharmacy
wherein the same is  sold  or  dispensed;  (b)  The  name  or
initials of the person, authorized to practice pharmacy under
the  provisions  of this Act, selling or dispensing the same,
(c) the date on which such prescription was filled;  (d)  the
name   of   the  patient;  (e)  the  serial  number  of  such
prescription as filed in the  prescription  files;   (f)  the
last   name   of   the   practitioner   who  prescribed  such
prescriptions;  (g)  the  directions  for  use   thereof   as
contained  in such prescription; and (h) the proprietary name
or names or the established name or names of the  drugs,  the
dosage  and  quantity,  except  as  otherwise  authorized  by
regulation  of  the  Department.   Any  person  who  sells or
dispenses any drug, medicine or poison shall sell or dispense
such drug, medicine or poison in good faith.   "Good  faith",
for  purposes of this Section, has the meaning ascribed to it
in subsection (u) of Section 102 of the "Illinois  Controlled
Substances  Act",  approved  August 16, 1971, as amended. The
Department  shall  establish  rules  governing  labeling   in
Division II and Division III pharmacies.
(Source: P.A. 85-796.)

    (225 ILCS 85/22a new)
    Sec.  22a.  Automated dispensing and storage systems. The
Department  shall  establish  rules  governing  the  use   of
automated  dispensing  and  storage  systems  by  Division  I
through V pharmacies.

    (225 ILCS 85/40 new)
    Sec.  40. Severability clause. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.

    Section 10.  The Illinois Controlled  Substances  Act  is
amended by changing Section 312 as follows:

    (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
    Sec.   312.    Requirements   for  dispensing  controlled
substances.
    (a)  A  practitioner,  in  good  faith,  may  dispense  a
Schedule II controlled substance, which is  a  narcotic  drug
listed  in  Section  206  of  this Act; or which contains any
quantity of  amphetamine  or  methamphetamine,  their  salts,
optical  isomers  or  salts of optical isomers; phenmetrazine
and its salts; pentazocine; or which is hereafter  determined
to  be  a  "designated product," as defined in Section 102 of
this Act to any person upon an official prescription form and
Schedule III, IV, or V controlled substances  to  any  person
upon  a  written  prescription  of  any prescriber, dated and
signed by the person prescribing on the day when  issued  and
bearing  the name and address of the patient for whom, or the
owner of the animal for which  the  controlled  substance  is
dispensed,  and  the  full  name, address and registry number
under the laws of the United States  relating  to  controlled
substances of the prescriber, if he is required by those laws
to  be  registered.  If  the prescription is for an animal it
shall state the species of animal for which  it  is  ordered.
The  practitioner  filling  the  prescription shall write the
date of filling and his own signature  on  the  face  of  the
official prescription form. The official prescription form or
the  written  prescription  shall  be retained on file by the
practitioner  who  filled  it  or  pharmacy  in   which   the
prescription  was filled for a period of 2 years, so as to be
readily accessible for inspection or removal by  any  officer
or employee engaged in the enforcement of this Act.  Whenever
the  practitioner's  or  pharmacy's  copy of any prescription
form is removed by an officer  or  employee  engaged  in  the
enforcement  of this Act, for the purpose of investigation or
as evidence, such officer  or  employee  shall  give  to  the
practitioner  or  pharmacy  a  receipt  in  lieu  thereof.  A
prescription  form  for  a  Schedule  II controlled substance
shall not be filled more than 7 2  days  after  the  date  of
issuance.  A  written  prescription for Schedule III, IV or V
controlled substances shall not be filled  or  refilled  more
than  6 months after the date thereof or refilled more than 5
times unless renewed, in writing, by the prescriber.
    (b)  In lieu of a written prescription required  by  this
Section,  a  pharmacist, in good faith, may dispense Schedule
III, IV, or V substances to any person either upon  receiving
a  facsimile of a written, signed prescription transmitted by
the prescriber or the prescriber's agent  or  upon  a  lawful
oral  prescription  of  a  prescriber which oral prescription
shall be reduced promptly to writing by  the  pharmacist  and
such  written  memorandum  thereof  shall be dated on the day
when such oral prescription is received by the pharmacist and
shall bear the full name and address of the ultimate user for
whom, or of the owner of the animal for which the  controlled
substance  is  dispensed,  and  the  full  name, address, and
registry number under the law of the United  States  relating
to  controlled substances of the prescriber prescribing if he
is required by those  laws  to  be  so  registered,  and  the
pharmacist  filling  such  oral  prescription shall write the
date of filling and his own signature on  the  face  of  such
written  memorandum  thereof.   The  facsimile  copy  of  the
prescription  or  written memorandum of the oral prescription
shall be retained on file by the proprietor of  the  pharmacy
in  which  it  is  filled  for  a period of not less than two
years, so as to be readily accessible for inspection  by  any
officer or employee engaged in the enforcement of this Act in
the  same  manner  as  a written prescription.  The facsimile
copy of the prescription or oral prescription and the written
memorandum thereof shall not be filled or refilled more  than
6  months  after  the date thereof or be refilled more than 5
times, unless renewed, in writing, by the prescriber.
    (c)  A controlled substance included in Schedule V  shall
not  be  distributed  or  dispensed  other than for a medical
purpose and not for the purpose  of  evading  this  Act,  and
then:
         (1)  only  personally  by  a  person  registered  to
    dispense  a Schedule V controlled substance and then only
    to his patients, or
         (2)  only personally by a pharmacist, and then  only
    to  a  person  over  21  years  of age who has identified
    himself  to  the  pharmacist  by  means  of  2   positive
    documents of identification.
         (3)  the dispenser shall record the name and address
    of  the  purchaser, the name and quantity of the product,
    the date and  time  of  the  sale,  and  the  dispenser's
    signature.
         (4)  no  person  shall purchase or be dispensed more
    than 120 milliliters  or  more  than  120  grams  of  any
    Schedule    V    substance    which   contains   codeine,
    dihydrocodeine, or any salts thereof,  or  ethylmorphine,
    or  any  salts  thereof,  in  any  96  hour  period.  The
    purchaser shall sign a form, approved by  the  Department
    of  Professional  Regulation,  attesting  that he has not
    purchased any Schedule V controlled substances within the
    immediately preceding 96 hours.
         (5)  a copy of the records of  sale,  including  all
    information required by paragraph (3), shall be forwarded
    to  the  Department  of  Professional  Regulation  at its
    principal office by the 15th day of the following month.
         (6)  all records of purchases  and  sales  shall  be
    maintained for not less than 2 years.
         (7)  no  person  shall  obtain  or attempt to obtain
    within any consecutive 96  hour  period  any  Schedule  V
    substances  of more than 120 milliliters or more than 120
    grams containing codeine, dihydrocodeine or  any  of  its
    salts,  or ethylmorphine or any of its salts.  Any person
    obtaining  any  such  preparations  or   combination   of
    preparations  in  excess  of  this limitation shall be in
    unlawful possession of such controlled substance.
         (8)  a  person  qualified  to  dispense   controlled
    substances under this Act and registered thereunder shall
    at  no  time  maintain  or  keep  in  stock a quantity of
    Schedule V controlled substances defined  and  listed  in
    Section  212  (b) (1), (2) or (3) in excess of 4.5 liters
    for each substance; a pharmacy shall at no time  maintain
    or  keep  in  stock  a  quantity of Schedule V controlled
    substances as defined in excess of 4.5  liters  for  each
    substance,  plus  the  additional  quantity of controlled
    substances  necessary  to  fill  the  largest  number  of
    prescription orders filled  by  that  pharmacy  for  such
    controlled  substances  in  any  one week in the previous
    year.  These limitations shall not apply  to  Schedule  V
    controlled  substances  which  Federal law prohibits from
    being dispensed without a prescription.
         (9)  no person shall distribute  or  dispense  butyl
    nitrite  for  inhalation  or  other introduction into the
    human body for euphoric or physical effect.
    (d)  Every practitioner shall keep a record of controlled
substances  received  by  him  and  a  record  of  all   such
controlled     substances    administered,    dispensed    or
professionally used by him otherwise  than  by  prescription.
It   shall,  however,  be  sufficient  compliance  with  this
paragraph if any practitioner utilizing controlled substances
listed in Schedules III, IV and V shall keep a record of  all
those  substances dispensed and distributed by him other than
those controlled substances which  are  administered  by  the
direct  application  of  a  controlled  substance, whether by
injection, inhalation, ingestion, or any other means  to  the
body  of  a  patient  or research subject. A practitioner who
dispenses,  other  than  by   administering,   a   controlled
substance  in Schedule II, which is a narcotic drug listed in
Section 206 of this Act, or which contains  any  quantity  of
amphetamine  or methamphetamine, their salts, optical isomers
or salts of optical isomers,  pentazocine,  methaqualone,  or
which is hereafter determined to be a "designated product" as
defined in Section 102 of this Act, shall do so only upon the
issuance  of  an official prescription blank by a prescriber;
and every  practitioner  who  so  dispenses  such  designated
products shall comply with the provisions of Sections 310 and
311 of this Act.
    (e)  Whenever  a  manufacturer  distributes  a controlled
substance in a  package  prepared  by  him,  and  whenever  a
wholesale distributor distributes a controlled substance in a
package  prepared  by  him  or  the  manufacturer,  he  shall
securely  affix  to  each  package in which that substance is
contained a label showing in legible  English  the  name  and
address   of   the  manufacturer,  the  distributor  and  the
quantity, kind and form  of  controlled  substance  contained
therein.   No  person  except  a  pharmacist and only for the
purposes of filling a  prescription  under  this  Act,  shall
alter, deface or remove any label so affixed.
    (f)  Whenever  a  practitioner  dispenses  any controlled
substance, he shall affix to  the  container  in  which  such
substance  is  sold or dispensed, a label indicating the date
of initial filling, the practitioner's name and address,  the
serial  number  of the prescription, the name of the patient,
the name of  the  prescriber,  the  directions  for  use  and
cautionary  statements, if any, contained in any prescription
or required by law, the proprietary  name  or  names  or  the
established  name of the controlled substance, and the dosage
and quantity, except as otherwise authorized by regulation by
the Department of Professional Regulation.  No  person  shall
alter, deface or remove any label so affixed.
    (g)  A  person  to  whom  or for whose use any controlled
substance has been prescribed or dispensed by a practitioner,
or other persons authorized under this Act, and the owner  of
any  animal  for  which such substance has been prescribed or
dispensed  by  a  veterinarian,  may  lawfully  possess  such
substance only in the container in which it was delivered  to
him by the person dispensing such substance.
    (h)  The  responsibility  for  the  proper prescribing or
dispensing of controlled substances is  upon  the  prescriber
and   the   responsibility   for  the  proper  filling  of  a
prescription for controlled substance drugs  rests  with  the
pharmacist.   An order purporting to be a prescription issued
to any individual, which is not  in  the  regular  course  of
professional  treatment  nor  part of an authorized methadone
maintenance  program,  nor  in  legitimate   and   authorized
research  instituted  by any accredited hospital, educational
institution, charitable  foundation,  or  federal,  state  or
local  governmental  agency, and which is intended to provide
that individual  with  controlled  substances  sufficient  to
maintain that individual's or any other individual's physical
or   psychological  addiction,  habitual  or  customary  use,
dependence, or diversion of that controlled substance is  not
a prescription within the meaning and intent of this Act; and
the  person  issuing  it,  shall  be subject to the penalties
provided for violations of the  law  relating  to  controlled
substances.
    (i)  A  prescriber  shall  not  preprint  or  cause to be
preprinted a prescription for any controlled  substance;  nor
shall  any  practitioner issue, fill or cause to be issued or
filled,  a  preprinted  prescription   for   any   controlled
substance.
    (j)  No  person  shall  manufacture,  dispense,  deliver,
possess  with  intent to deliver, prescribe, or administer or
cause to be administered under  his  direction  any  anabolic
steroid,  for  any  use in humans other than the treatment of
disease in accordance with the order of a physician  licensed
to  practice medicine in all its branches for a valid medical
purpose in the course of professional practice.  The  use  of
anabolic  steroids  for  the purpose of hormonal manipulation
that is intended to increase muscle mass, strength or  weight
without  a  medical  necessity  to do so, or for the intended
purpose of improving physical appearance  or  performance  in
any  form of exercise, sport, or game, is not a valid medical
purpose or in the course of professional practice.
(Source: P.A. 89-202, eff. 10-1-95.)

    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.

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