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92_HB2463enr
HB2463 Enrolled LRB9206282LBmg
1 AN ACT concerning the regulation of professions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Pharmacy Practice Act of 1987 is amended
5 by changing Sections 3, 10, 14, 15, 18, 19, 22, 27, and 30
6 and adding Section 17.1 as follows:
7 (225 ILCS 85/3) (from Ch. 111, par. 4123)
8 (Section scheduled to be repealed on January 1, 2008)
9 Sec. 3. Definitions. For the purpose of this Act, except
10 where otherwise limited therein:
11 (a) "Pharmacy" or "drugstore" means and includes every
12 store, shop, pharmacy department, or other place where
13 pharmaceutical care is provided by a pharmacist (1) where
14 drugs, medicines, or poisons are dispensed, sold or offered
15 for sale at retail, or displayed for sale at retail; or (2)
16 where prescriptions of physicians, dentists, veterinarians,
17 podiatrists, or therapeutically certified optometrists,
18 within the limits of their licenses, are compounded, filled,
19 or dispensed; or (3) which has upon it or displayed within
20 it, or affixed to or used in connection with it, a sign
21 bearing the word or words "Pharmacist", "Druggist",
22 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
23 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or
24 any word or words of similar or like import, either in the
25 English language or any other language; or (4) where the
26 characteristic prescription sign (Rx) or similar design is
27 exhibited; or (5) any store, or shop, or other place with
28 respect to which any of the above words, objects, signs or
29 designs are used in any advertisement.
30 (b) "Drugs" means and includes (l) articles recognized
31 in the official United States Pharmacopoeia/National
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1 Formulary (USP/NF), or any supplement thereto and being
2 intended for and having for their main use the diagnosis,
3 cure, mitigation, treatment or prevention of disease in man
4 or other animals, as approved by the United States Food and
5 Drug Administration, but does not include devices or their
6 components, parts, or accessories; and (2) all other articles
7 intended for and having for their main use the diagnosis,
8 cure, mitigation, treatment or prevention of disease in man
9 or other animals, as approved by the United States Food and
10 Drug Administration, but does not include devices or their
11 components, parts, or accessories; and (3) articles (other
12 than food) having for their main use and intended to affect
13 the structure or any function of the body of man or other
14 animals; and (4) articles having for their main use and
15 intended for use as a component or any articles specified in
16 clause (l), (2) or (3); but does not include devices or their
17 components, parts or accessories.
18 (c) "Medicines" means and includes all drugs intended
19 for human or veterinary use approved by the United States
20 Food and Drug Administration.
21 (d) "Practice of pharmacy" means the provision of
22 pharmaceutical care to patients as determined by the
23 pharmacist's professional judgment in the following areas,
24 which may include but are not limited to (1) patient
25 counseling, (2) interpretation and assisting in the
26 monitoring of appropriate drug use and prospective drug
27 utilization review, (3) providing information on the
28 therapeutic values, reactions, drug interactions, side
29 effects, uses, selection of medications and medical devices,
30 and outcome of drug therapy, (4) participation in drug
31 selection, drug monitoring, drug utilization review,
32 evaluation, administration, interpretation, application of
33 pharmacokinetic and laboratory data to design safe and
34 effective drug regimens, (5) drug research (clinical and
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1 scientific), and (6) compounding and dispensing of drugs and
2 medical devices.
3 (e) "Prescription" means and includes any written, oral,
4 facsimile, or electronically transmitted order for drugs or
5 medical devices, issued by a physician licensed to practice
6 medicine in all its branches, dentist, veterinarian, or
7 podiatrist, or therapeutically certified optometrist, within
8 the limits of their licenses, by a physician assistant in
9 accordance with subsection (f) of Section 4, or by an
10 advanced practice nurse in accordance with subsection (g) of
11 Section 4, containing the following: (l) name of the patient;
12 (2) date when prescription was issued; (3) name and strength
13 of drug or description of the medical device prescribed; and
14 (4) quantity, (5) directions for use, (6) prescriber's name,
15 address and signature, and (7) DEA number where required, for
16 controlled substances. DEA numbers shall not be required on
17 inpatient drug orders.
18 (f) "Person" means and includes a natural person,
19 copartnership, association, corporation, government entity,
20 or any other legal entity.
21 (g) "Department" means the Department of Professional
22 Regulation.
23 (h) "Board of Pharmacy" or "Board" means the State Board
24 of Pharmacy of the Department of Professional Regulation.
25 (i) "Director" means the Director of Professional
26 Regulation.
27 (j) "Drug product selection" means the interchange for a
28 prescribed pharmaceutical product in accordance with Section
29 25 of this Act and Section 3.14 of the Illinois Food, Drug
30 and Cosmetic Act.
31 (k) "Inpatient drug order" means an order issued by an
32 authorized prescriber for a resident or patient of a facility
33 licensed under the Nursing Home Care Act or the Hospital
34 Licensing Act, or "An Act in relation to the founding and
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1 operation of the University of Illinois Hospital and the
2 conduct of University of Illinois health care programs",
3 approved July 3, 1931, as amended, or a facility which is
4 operated by the Department of Human Services (as successor to
5 the Department of Mental Health and Developmental
6 Disabilities) or the Department of Corrections.
7 (k-5) "Pharmacist" means an individual currently
8 licensed by this State to engage in the practice of pharmacy.
9 (l) "Pharmacist in charge" means the licensed pharmacist
10 whose name appears on a pharmacy license and who is
11 responsible for all aspects of the operation related to the
12 practice of pharmacy.
13 (m) "Dispense" means the delivery of drugs and medical
14 devices, in accordance with applicable State and federal laws
15 and regulations, to the patient or the patient's
16 representative authorized to receive these products,
17 including the compounding, packaging, and labeling necessary
18 for delivery, and any recommending or advising concerning the
19 contents and therapeutic values and uses thereof. "Dispense"
20 does not mean the physical delivery to a patient or a
21 patient's representative in a home or institution by a
22 designee of a pharmacist or by common carrier. "Dispense"
23 also does not mean the physical delivery of a drug or medical
24 device to a patient or patient's representative by a
25 pharmacist's designee within a pharmacy or drugstore while
26 the pharmacist is on duty and the pharmacy is open.
27 (n) "Mail-order pharmacy" means a pharmacy that is
28 located in a state of the United States, other than Illinois,
29 that delivers, dispenses or distributes, through the United
30 States Postal Service or other common carrier, to Illinois
31 residents, any substance which requires a prescription.
32 (o) "Compounding" means the preparation, mixing,
33 assembling, packaging, or labeling of a drug or medical
34 device: (1) as the result of a practitioner's prescription
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1 drug order or initiative that is dispensed pursuant to a
2 prescription in the course of professional practice; or (2)
3 for the purpose of, or incident to, research, teaching, or
4 chemical analysis; or (3) in anticipation of prescription
5 drug orders based on routine, regularly observed prescribing
6 patterns.
7 (p) "Confidential information" means information,
8 maintained by the pharmacist in the patient's records,
9 released only (i) to the patient or, as the patient directs,
10 to other practitioners and other pharmacists or (ii) to any
11 other person authorized by law to receive the information.
12 (q) "Prospective drug review" or "drug utilization
13 evaluation" means a screening for potential drug therapy
14 problems due to therapeutic duplication, drug-disease
15 contraindications, drug-drug interactions (including serious
16 interactions with nonprescription or over-the-counter drugs),
17 drug-food interactions, incorrect drug dosage or duration of
18 drug treatment, drug-allergy interactions, and clinical abuse
19 or misuse.
20 (r) "Patient counseling" means the communication between
21 a pharmacist or a student pharmacist under the direct
22 supervision of a pharmacist and a patient or the patient's
23 representative about the patient's medication or device for
24 the purpose of optimizing proper use of prescription
25 medications or devices. The offer to counsel by the
26 pharmacist or the pharmacist's designee, and subsequent
27 patient counseling by the pharmacist or student pharmacist,
28 shall be made in a face-to-face communication with the
29 patient or patient's representative unless, in the
30 professional judgment of the pharmacist, a face-to-face
31 communication is deemed inappropriate or unnecessary. In
32 that instance, the offer to counsel or patient counseling may
33 be made in a written communication, by telephone, or in a
34 manner determined by the pharmacist to be appropriate.
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1 (s) "Patient profiles" or "patient drug therapy record"
2 means the obtaining, recording, and maintenance of patient
3 prescription and personal information.
4 (t) "Pharmaceutical care" includes, but is not limited
5 to, the act of monitoring drug use and other patient care
6 services intended to achieve outcomes that improve the
7 patient's quality of life but shall not include the sale of
8 over-the-counter drugs by a seller of goods and services who
9 does not dispense prescription drugs.
10 (u) "Medical device" means an instrument, apparatus,
11 implement, machine, contrivance, implant, in vitro reagent,
12 or other similar or related article, including any component
13 part or accessory, required under federal law to bear the
14 label "Caution: Federal law requires dispensing by or on the
15 order of a physician". A seller of goods and services who,
16 only for the purpose of retail sales, compounds, sells,
17 rents, or leases medical devices shall not, by reasons
18 thereof, be required to be a licensed pharmacy.
19 (v) "Unique identifier" means an electronic signature,
20 handwritten signature or initials, thumb print, or other
21 acceptable individual biometric or electronic identification
22 process as approved by the Department.
23 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97;
24 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff.
25 7-30-98; 90-742, eff. 8-13-98.)
26 (225 ILCS 85/10) (from Ch. 111, par. 4130)
27 (Section scheduled to be repealed on January 1, 2008)
28 Sec. 10. State Board of Pharmacy. There is created in the
29 Department the State Board of Pharmacy. It shall consist of
30 9 members, 7 of whom shall be licensed pharmacists. Each of
31 those 7 members must be a licensed pharmacist in good
32 standing in this State, a graduate of an accredited college
33 of pharmacy or hold a Bachelor of Science degree in Pharmacy
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1 and have at least 5 years' practical experience in the
2 practice of pharmacy subsequent to the date of his licensure
3 as a licensed pharmacist in the State of Illinois. There
4 shall be 2 public members, who shall be voting members, who
5 shall not be licensed pharmacists in this State or any other
6 state.
7 Each member shall be appointed by the Governor.
8 The terms of all members serving as of March 31, 1999
9 shall expire on that date. The Governor shall appoint 3
10 persons to serve one-year terms, 3 persons to serve 3-year
11 terms, and 3 persons to serve 5-year terms to begin April 1,
12 1999. Otherwise, members shall be appointed to 5 year terms.
13 No member shall be eligible to serve more than 12 consecutive
14 years.
15 In making the appointment of members on the Board, the
16 Governor shall give due consideration to recommendations by
17 the members of the profession of pharmacy and by
18 pharmaceutical organizations therein. The Governor shall
19 notify the pharmaceutical organizations promptly of any
20 vacancy of members on the Board and in appointing members
21 shall give consideration to individuals engaged in all types
22 and settings of pharmacy practice.
23 The Governor may remove any member of the Board for
24 misconduct, incapacity or neglect of duty and he shall be the
25 sole judge of the sufficiency of the cause for removal.
26 Every person appointed a member of the Board shall take
27 and subscribe the constitutional oath of office and file it
28 with the Secretary of State. Each member of the Board shall
29 be reimbursed for such actual and legitimate expenses as he
30 may incur in going to and from the place of meeting and
31 remaining thereat during sessions of the Board. In addition,
32 each member of the Board shall receive a per diem payment in
33 an amount determined from time to time by the Director for
34 attendance at meetings of the Board and conducting other
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1 official business of the Board.
2 The Board shall hold quarterly meetings and an annual
3 meeting in January of each year and such other meetings at
4 such times and places and upon such notice as the Board may
5 determine and as its business may require. Five members of
6 the Board shall constitute a quorum for the transaction of
7 business. The Director shall appoint a pharmacy coordinator,
8 who shall be someone other than a member of the Board. The
9 pharmacy coordinator shall be a registered pharmacist in good
10 standing in this State, shall be a graduate of an accredited
11 college of pharmacy, or hold at a minimum a Bachelor of
12 Science degree in Pharmacy and shall have at least 5 years'
13 experience in the practice of pharmacy immediately prior to
14 his appointment. The pharmacy coordinator shall be the
15 executive administrator and the chief enforcement officer of
16 the Pharmacy Practice Act of 1987.
17 The Board shall exercise the rights, powers and duties
18 which have been vested in the Board under this Act, and any
19 other duties conferred upon the Board by law.
20 The Director shall, in conformity with the Personnel
21 Code, employ not less than 7 pharmacy investigators and 2
22 pharmacy supervisors. Each pharmacy investigator and each
23 supervisor shall be a registered pharmacist in good standing
24 in this State, and shall be a graduate of an accredited
25 college of pharmacy and have at least 5 years of experience
26 in the practice of pharmacy. The Department shall also
27 employ at least one attorney who is a pharmacist to prosecute
28 violations of this Act and its rules. The Department may, in
29 conformity with the Personnel Code, employ such clerical and
30 other employees as are necessary to carry out the duties of
31 the Board.
32 The duly authorized pharmacy investigators of the
33 Department shall have the right to enter and inspect during
34 business hours any pharmacy or any other place in the State
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1 of Illinois holding itself out to be a pharmacy where
2 medicines or drugs or drug products or proprietary medicines
3 are sold, offered for sale, exposed for sale, or kept for
4 sale. The pharmacy investigators shall be the only
5 Department investigators authorized to inspect, investigate,
6 and monitor probation compliance of pharmacists, and
7 pharmacies, and pharmacy technicians.
8 (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02.)
9 (225 ILCS 85/14) (from Ch. 111, par. 4134)
10 (Section scheduled to be repealed on January 1, 2008)
11 Sec. 14. Structural and equipment requirements. No person
12 shall establish or move to a new location any pharmacy unless
13 the pharmacy is licensed with the Department and has on file
14 with the Department a verified statement that:
15 (1) such pharmacy is or will be engaged in the
16 practice of pharmacy; and
17 (2) such pharmacy will have in stock and shall
18 maintain sufficient drugs and materials as to protect the
19 public it serves within 30 days after the issuance of the
20 registration of the pharmacy.
21 Division I, II, III, IV, or V pharmacies shall be in a
22 suitable, well-lighted and well-ventilated area with at least
23 300 square feet of clean and sanitary contiguous space and
24 shall be suitably equipped for compounding prescriptions,
25 storage of drugs and sale of drugs and to otherwise conduct
26 the practice of pharmacy. The space occupied shall be
27 equipped with a sink with hot and cold water or facilities
28 for heating water, proper sewage outlet, refrigeration
29 storage equipment, and such fixtures, facilities, drugs,
30 equipment and material, which shall include the current
31 editions of the United States Pharmacopoeia/DI, Facts and
32 Comparisons, or any other current compendium approved by the
33 Department, and other such reference works, as will enable a
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1 pharmacist to practice pharmacy, including this Act and the
2 rules promulgated under this Act. Such pharmacy shall have
3 the following items: accurate weights of 0.5 gr. to 4 oz. and
4 20 mg to 100 Gm; and a prescription balance equipped with
5 balance indicator and with mechanical means of arresting the
6 oscillations of the mechanism and which balance shall be
7 sensitive to 0.5 grain (32 mg) or less or an alternative
8 weighing device as approved by the Department, and such other
9 measuring devices as may be necessary for the conduct of the
10 practice of pharmacy.
11 The provisions of this Section with regard to 300 square
12 feet of space shall apply to any pharmacy which is opened
13 after the effective date of this Act. Nothing shall require
14 a pharmacy in existence on the effective date of this Act
15 which is comprised of less than 300 square feet to provide
16 additional space to meet these requirements.
17 (Source: P.A. 90-253, eff. 7-29-97.)
18 (225 ILCS 85/15) (from Ch. 111, par. 4135)
19 (Section scheduled to be repealed on January 1, 2008)
20 Sec. 15. Pharmacy requirements. It shall be unlawful for
21 the owner of any pharmacy, as defined in this Act, to operate
22 or conduct the same, or to allow the same to be operated or
23 conducted, unless:
24 (a) It has a licensed pharmacist, authorized to practice
25 pharmacy in this State under the provisions of this Act, on
26 duty whenever the practice of pharmacy is conducted;
27 (b) Security provisions for all drugs and devices, as
28 determined by rule of the Department, are provided during the
29 absence from the licensed pharmacy of all licensed
30 pharmacists. Maintenance of security provisions is the
31 responsibility of the licensed registered pharmacist in
32 charge; and
33 (c) The pharmacy is licensed under this Act to do
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1 business.
2 The Department shall, by rule, provide requirements for
3 each division of pharmacy license and shall, as well provide
4 guidelines for the designation of a registered pharmacist in
5 charge for each division.
6 Division I. Retail Licenses for pharmacies which are
7 open to, or offer pharmacy services to, the general public.
8 Division II. Licenses for pharmacies whose primary
9 pharmacy service is provided to patients or residents of
10 facilities licensed under the Nursing Home Care Act or the
11 Hospital Licensing Act, or "An Act in relation to the
12 founding and operation of the University of Illinois Hospital
13 and the conduct of University of Illinois health care
14 programs", approved July 3, 1931, as amended, and which are
15 not located in the facilities they serve.
16 Division III. Licenses for pharmacies which are located
17 in a facility licensed under the Nursing Home Care Act or the
18 Hospital Licensing Act, or "An Act in relation to the
19 founding and operation of the University of Illinois Hospital
20 and the conduct of University of Illinois health care
21 programs", approved July 3, 1931, as amended, or a facility
22 which is operated by the Department of Human Services (as
23 successor to the Department of Mental Health and
24 Developmental Disabilities) or the Department of Corrections,
25 and which provide pharmacy services to residents or patients
26 of the facility, as well as employees, prescribers and
27 students of the facility.
28 Division IV. Licenses for pharmacies which provide or
29 offer for sale radioactive materials.
30 Division V. Licenses for pharmacies which hold licenses
31 in Division II or Division III which also provide pharmacy
32 services to the general public, or pharmacies which are
33 located in or whose primary pharmacy service is to ambulatory
34 care facilities or schools of veterinary medicine or other
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1 such institution or facility.
2 The Director may waive the requirement for a pharmacist
3 to be on duty at all times for State facilities not treating
4 human ailments.
5 It shall be unlawful for any person, who is not a
6 licensed pharmacy or health care facility, to purport to be
7 such or to use in name, title, or sign designating, or in
8 connection with that place of business, any of the words:
9 "pharmacy", "pharmacist", "pharmacy department",
10 "apothecary", "druggist", "drug", "drugs", "medicines",
11 "medicine store", "drug sundries", "prescriptions filled", or
12 any list of words indicating that drugs are compounded or
13 sold to the lay public, or prescriptions are dispensed
14 therein. Each day during which, or a part which, such
15 representation is made or appears or such a sign is allowed
16 to remain upon or in such a place of business shall
17 constitute a separate offense under this Act.
18 The holder of any license or certificate of registration
19 shall conspicuously display it in the pharmacy in which he is
20 engaged in the practice of pharmacy. The registered
21 pharmacist in charge shall conspicuously display his name in
22 such pharmacy. The pharmacy license shall also be
23 conspicuously displayed.
24 (Source: P.A. 89-507, eff. 7-1-97; 90-253, eff. 7-29-97.)
25 (225 ILCS 85/17.1 new)
26 (Section scheduled to be repealed on January 1, 2008)
27 Sec. 17.1. Pharmacy technician training.
28 (a) Beginning January 1, 2004, it shall be the joint
29 responsibility of a pharmacy and its pharmacist in charge to
30 have trained all of its pharmacy technicians or obtain proof
31 of prior training in all of the following topics as they
32 relate to the practice site:
33 (1) The duties and responsibilities of the
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1 technicians and pharmacists.
2 (2) Tasks and technical skills, policies, and
3 procedures.
4 (3) Compounding, packaging, labeling, and storage.
5 (4) Pharmaceutical and medical terminology.
6 (5) Record keeping requirements.
7 (6) The ability to perform and apply arithmetic
8 calculations.
9 (b) Within 6 months after initial employment or changing
10 the duties and responsibilities of a pharmacy technician, it
11 shall be the joint responsibility of the pharmacy and the
12 pharmacist in charge to train the pharmacy technician or
13 obtain proof of prior training in the areas listed in
14 subsection (a) of this Section as they relate to the practice
15 site.
16 (c) All divisions of pharmacies shall maintain an
17 up-to-date training program describing the duties and
18 responsibilities of a pharmacy technician.
19 (d) All divisions of pharmacies shall create and
20 maintain retrievable records of training or proof of training
21 as required in this Section.
22 (225 ILCS 85/18) (from Ch. 111, par. 4138)
23 (Section scheduled to be repealed on January 1, 2008)
24 Sec. 18. Record retention. There shall be kept in every
25 drugstore or pharmacy a suitable book, file, or electronic
26 record keeping system in which shall be preserved for a
27 period of not less than 5 years the original of every written
28 prescription and the original transcript or copy of every
29 verbal prescription filled, compounded, or dispensed, in such
30 pharmacy; and such book or file of prescriptions shall at all
31 reasonable times be open to inspection to the pharmacy
32 coordinator and the duly authorized agents or employees of
33 the Department.
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1 Every prescription filled or refilled shall contain the
2 unique identifier of the person authorized to practice
3 pharmacy under the provision of this Act who fills or refills
4 the prescription.
5 Records kept pursuant to this Section may be maintained
6 in an alternative data retention system, such as a direct
7 digital imaging system, provided that:
8 (1) the records maintained in the alternative data
9 retention system contain all of the information required
10 in a manual record;
11 (2) the data processing system is capable of
12 producing a hard copy of the electronic record on the
13 request of the Board, its representative, or other
14 authorized local, State, or federal law enforcement or
15 regulatory agency; and
16 (3) the digital images are recorded and stored only
17 by means of a technology that does not allow subsequent
18 revision or replacement of the images.
19 As used in this Section, "digital imaging system" means a
20 system, including people, machines, methods of organization,
21 and procedures, that provides input, storage, processing,
22 communications, output, and control functions for digitized
23 representations of original prescription records.
24 Inpatient drug orders may be maintained within an
25 institution in a manner approved by the Department.
26 (Source: P.A. 90-253, eff. 7-29-97.)
27 (225 ILCS 85/19) (from Ch. 111, par. 4139)
28 (Section scheduled to be repealed on January 1, 2008)
29 Sec. 19. Nothing contained in this Act shall be
30 construed to prohibit a pharmacist licensed in this State
31 from filling or refilling a valid prescription for
32 prescription drugs which is on file in a pharmacy licensed in
33 any state and has been transferred from one pharmacy to
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1 another by any means, including by way of electronic data
2 processing equipment upon the following conditions and
3 exceptions:
4 (1) Prior to dispensing pursuant to any such
5 prescription, the dispensing pharmacist shall:
6 (a) Advise the patient that the prescription on
7 file at such other pharmacy must be canceled before he
8 will be able to fill or refill it.
9 (b) Determine that the prescription is valid and on
10 file at such other pharmacy and that such prescription
11 may be filled or refilled, as requested, in accordance
12 with the prescriber's intent expressed on such
13 prescription.
14 (c) Notify the pharmacy where the prescription is
15 on file that the prescription must be canceled.
16 (d) Record in writing the prescription order, the
17 name of the pharmacy at which the prescription was on
18 file, the prescription number, the name of the drug and
19 the original amount dispensed, the date of original
20 dispensing, and the number of remaining authorized
21 refills.
22 (e) Obtain the consent of the prescriber to the
23 refilling of the prescription when the prescription, in
24 the professional judgment of the dispensing pharmacist,
25 so requires. Any interference with the professional
26 judgment of the dispensing pharmacist by any other
27 registered pharmacist, his agents, or employees shall be
28 grounds for revocation or suspension of the permit issued
29 to the pharmacy.
30 (2) Upon receipt of a request for prescription
31 information set forth in subparagraph (d) of paragraph (1) of
32 this Section, if the requested pharmacist is satisfied in his
33 professional judgment that such request is valid and legal,
34 the requested pharmacist shall:
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1 (a) Provide such information accurately and
2 completely.
3 (b) Record on the face of the prescription the name
4 of the requesting pharmacy and pharmacist and the date of
5 request.
6 (c) Cancel the prescription on file by writing the
7 word "void" on its face. No further prescription
8 information shall be given or medication dispensed
9 pursuant to such original prescription.
10 (3) In the event that, after the information set forth
11 in subparagraph (d) of paragraph (1) of this Section has been
12 provided, a prescription is not dispensed by the requesting
13 pharmacist, then such pharmacist shall provide notice of this
14 fact to the pharmacy from which such information was
15 obtained; such notice shall then cancel the prescription in
16 the same manner as set forth in subparagraph (c) of paragraph
17 (2) of this Section.
18 (4) When filling or refilling a valid prescription on
19 file in another state, the dispensing pharmacist shall be
20 required to follow all the requirements of Illinois law which
21 apply to the dispensing of prescription drugs. If anything
22 in Illinois law prevents the filling or refilling of the
23 original prescription it shall be unlawful to dispense
24 pursuant to this Section.
25 (5) Prescriptions for drugs in Schedules III, IV, and V
26 of the Illinois Controlled Substances Act may be transferred
27 only once and may not be further transferred.
28 (Source: P.A. 88-428.)
29 (225 ILCS 85/22) (from Ch. 111, par. 4142)
30 (Section scheduled to be repealed on January 1, 2008)
31 Sec. 22. Except only in the case of a drug, medicine or
32 poison which is lawfully sold or dispensed, at retail, in the
33 original and unbroken package of the manufacturer, packer, or
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1 distributor thereof, and which package bears the original
2 label thereon showing the name and address of the
3 manufacturer, packer, or distributor thereof, and the name of
4 the drug, medicine, or poison therein contained, and the
5 directions for its use, no person shall sell or dispense, at
6 retail, any drug, medicine, or poison, without affixing to
7 the box, bottle, vessel, or package containing the same, a
8 label bearing the name of the article distinctly shown, and
9 the directions for its use, with the name and address of the
10 pharmacy wherein the same is sold or dispensed. However, in
11 the case of a drug, medicine, or poison which is sold or
12 dispensed pursuant to a prescription of a physician licensed
13 to practice medicine in all of its branches, licensed
14 dentist, licensed veterinarian, licensed podiatrist, or
15 therapeutically or diagnostically certified optometrist
16 authorized by law to prescribe drugs or medicines or poisons,
17 the label affixed to the box, bottle, vessel, or package
18 containing the same shall show: (a) the name and address of
19 the pharmacy wherein the same is sold or dispensed; (b) the
20 name or initials of the person, authorized to practice
21 pharmacy under the provisions of this Act, selling or
22 dispensing the same, (c) the date on which such prescription
23 was filled; (d) the name of the patient; (e) the serial
24 number of such prescription as filed in the prescription
25 files; (f) the last name of the practitioner who prescribed
26 such prescriptions; (g) the directions for use thereof as
27 contained in such prescription; and (h) the proprietary name
28 or names or the established name or names of the drugs, the
29 dosage and quantity, except as otherwise authorized by
30 regulation of the Department. Any person who sells or
31 dispenses any drug, medicine or poison shall sell or dispense
32 such drug, medicine or poison in good faith. "Good faith",
33 for purposes of this Section, has the meaning ascribed to it
34 in subsection (u) of Section 102 of the "Illinois Controlled
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1 Substances Act", approved August 16, 1971, as amended. The
2 Department shall establish rules governing labeling in
3 Division II and Division III pharmacies.
4 (Source: P.A. 90-253, eff. 7-29-97.)
5 (225 ILCS 85/27) (from Ch. 111, par. 4147)
6 (Section scheduled to be repealed on January 1, 2008)
7 Sec. 27. Fees. The following fees are not refundable.
8 (A) Certificate of pharmacy technician.
9 (1) The fee for application for a certificate of
10 registration as a pharmacy technician is $40.
11 (2) The fee for the renewal of a certificate of
12 registration as a pharmacy technician shall be calculated
13 at the rate of $25 per year.
14 (B) License as a pharmacist.
15 (1) The fee for application for a license is $75.
16 (2) In addition, applicants for any examination as
17 a registered pharmacist shall be required to pay, either
18 to the Department or to the designated testing service, a
19 fee covering the cost of determining an applicant's
20 eligibility and providing the examination. Failure to
21 appear for the examination on the scheduled date, at the
22 time and place specified, after the applicant's
23 application for examination has been received and
24 acknowledged by the Department or the designated testing
25 service, shall result in the forfeiture of the
26 examination fee.
27 (3) The fee for a license as a registered
28 pharmacist registered or licensed under the laws of
29 another state or territory of the United States is $200.
30 (4) The fee upon the renewal of a license shall be
31 calculated at the rate of $75 per year.
32 (5) The fee for the restoration of a certificate
33 other than from inactive status is $10 plus all lapsed
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1 renewal fees.
2 (6) Applicants for the preliminary diagnostic
3 examination shall be required to pay, either to the
4 Department or to the designated testing service, a fee
5 covering the cost of determining an applicant's
6 eligibility and providing the examination. Failure to
7 appear for the examination on the scheduled date, at the
8 time and place specified, after the application for
9 examination has been received and acknowledged by the
10 Department or the designated testing service, shall
11 result in the forfeiture of the examination fee.
12 (7) The fee to have the scoring of an examination
13 authorized by the Department reviewed and verified is $20
14 plus any fee charged by the applicable testing service.
15 (C) License as a pharmacy.
16 (1) The fee for application for a license for a
17 pharmacy under this Act is $100.
18 (2) The fee for the renewal of a license for a
19 pharmacy under this Act shall be calculated at the rate
20 of $100 per year.
21 (3) The fee for the change of a
22 pharmacist-in-charge is $25.
23 (D) General Fees.
24 (1) The fee for the issuance of a duplicate
25 license, for the issuance of a replacement license for a
26 license that has been lost or destroyed or for the
27 issuance of a license with a change of name or address
28 other than during the renewal period is $20. No fee is
29 required for name and address changes on Department
30 records when no duplicate certification is issued.
31 (2) The fee for a certification of a registrant's
32 record for any purpose is $20.
33 (3) The fee to have the scoring of an examination
34 administered by the Department reviewed and verified is
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1 $20.
2 (4) The fee for a wall certificate showing
3 licensure or registration shall be the actual cost of
4 producing the certificate.
5 (5) The fee for a roster of persons registered as
6 pharmacists or registered pharmacies in this State shall
7 be the actual cost of producing the roster.
8 (6) The fee for pharmacy licensing, disciplinary or
9 investigative records obtained pursuant to a subpoena is
10 $1 per page.
11 (E) Except as provided in subsection (F), all moneys
12 received by the Department under this Act shall be deposited
13 in the Illinois State Pharmacy Disciplinary Fund hereby
14 created in the State Treasury and shall be used only for the
15 following purposes: (a) by the State Board of Pharmacy in the
16 exercise of its powers and performance of its duties, as such
17 use is made by the Department upon the recommendations of the
18 State Board of Pharmacy, (b) for costs directly related to
19 license renewal of persons licensed under this Act, and (c)
20 for direct and allocable indirect costs related to the public
21 purposes of the Department of Professional Regulation.
22 Moneys in the Fund may be transferred to the Professions
23 Indirect Cost Fund as authorized under Section 2105-300 of
24 the Department of Professional Regulation Law (20 ILCS
25 2105/2105-300).
26 The moneys deposited in the Illinois State Pharmacy
27 Disciplinary Fund shall be invested to earn interest which
28 shall accrue to the Fund. The Department shall present to the
29 Board for its review and comment all appropriation requests
30 from the Illinois State Pharmacy Disciplinary Fund. The
31 Department shall give due consideration to any comments of
32 the Board in making appropriation requests.
33 (F) From the money received for license renewal fees, $5
34 from each pharmacist fee, and $2.50 from each pharmacy
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1 technician fee, shall be set aside within the Illinois State
2 Pharmacy Disciplinary Fund for the purpose of supporting a
3 substance abuse program for pharmacists and pharmacy
4 technicians. The State Board of Pharmacy shall, pursuant to
5 all provisions of the Illinois Procurement Code, determine
6 how and to whom the money set aside under this subsection is
7 disbursed.
8 (G) (Blank).
9 (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
10 (225 ILCS 85/30) (from Ch. 111, par. 4150)
11 (Section scheduled to be repealed on January 1, 2008)
12 Sec. 30. (a) In accordance with Section 11 of this Act,
13 the Department may refuse to issue, restore, or renew, or may
14 revoke, suspend, place on probation, reprimand or take other
15 disciplinary action as the Department may deem proper with
16 regard to any license or certificate of registration for any
17 one or combination of the following causes:
18 1. Material misstatement in furnishing information
19 to the Department.
20 2. Violations of this Act, or the rules promulgated
21 hereunder.
22 3. Making any misrepresentation for the purpose of
23 obtaining licenses.
24 4. A pattern of conduct which demonstrates
25 incompetence or unfitness to practice.
26 5. Aiding or assisting another person in violating
27 any provision of this Act or rules.
28 6. Failing, within 60 days, to respond to a written
29 request made by the Department for information.
30 7. Engaging in dishonorable, unethical or
31 unprofessional conduct of a character likely to deceive,
32 defraud or harm the public.
33 8. Discipline by another U.S. jurisdiction or
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1 foreign nation, if at least one of the grounds for the
2 discipline is the same or substantially equivalent to
3 those set forth herein.
4 9. Directly or indirectly giving to or receiving
5 from any person, firm, corporation, partnership or
6 association any fee, commission, rebate or other form of
7 compensation for any professional services not actually
8 or personally rendered.
9 10. A finding by the Department that the licensee,
10 after having his license placed on probationary status
11 has violated the terms of probation.
12 11. Selling or engaging in the sale of drug samples
13 provided at no cost by drug manufacturers.
14 12. Physical illness, including but not limited to,
15 deterioration through the aging process, or loss of motor
16 skill which results in the inability to practice the
17 profession with reasonable judgment, skill or safety.
18 13. A finding that licensure or registration has
19 been applied for or obtained by fraudulent means.
20 14. The applicant, or licensee has been convicted
21 in state or federal court of any crime which is a felony
22 or any misdemeanor related to the practice of pharmacy,
23 of which an essential element is dishonesty.
24 15. Habitual or excessive use or addiction to
25 alcohol, narcotics, stimulants or any other chemical
26 agent or drug which results in the inability to practice
27 with reasonable judgment, skill or safety.
28 16. Willfully making or filing false records or
29 reports in the practice of pharmacy, including, but not
30 limited to false records to support claims against the
31 medical assistance program of the Department of Public
32 Aid under the Public Aid Code.
33 17. Gross and willful overcharging for professional
34 services including filing false statements for collection
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1 of fees for which services are not rendered, including,
2 but not limited to, filing false statements for
3 collection of monies for services not rendered from the
4 medical assistance program of the Department of Public
5 Aid under the Public Aid Code.
6 18. Repetitiously dispensing prescription drugs
7 without receiving a written or oral prescription.
8 19. Upon a finding of a substantial discrepancy in
9 a Department audit of a prescription drug, including
10 controlled substances, as that term is defined in this
11 Act or in the Illinois Controlled Substances Act.
12 20. Physical illness which results in the inability
13 to practice with reasonable judgment, skill or safety, or
14 mental incompetency as declared by a court of competent
15 jurisdiction.
16 21. Violation of the Health Care Worker
17 Self-Referral Act.
18 22. Failing to sell or dispense any drug, medicine,
19 or poison in good faith. "Good faith", for the purposes
20 of this Section, has the meaning ascribed to it in
21 subsection (u) of Section 102 of the Illinois Controlled
22 Substances Act.
23 23. Interfering with the professional judgment of a
24 pharmacist by any registrant under this Act, or his or
25 her agents or employees.
26 (b) The Department may refuse to issue or may suspend
27 the license or registration of any person who fails to file a
28 return, or to pay the tax, penalty or interest shown in a
29 filed return, or to pay any final assessment of tax, penalty
30 or interest, as required by any tax Act administered by the
31 Illinois Department of Revenue, until such time as the
32 requirements of any such tax Act are satisfied.
33 (c) The Department shall revoke the license or
34 certificate of registration issued under the provisions of
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1 this Act or any prior Act of this State of any person who has
2 been convicted a second time of committing any felony under
3 the Illinois Controlled Substances Act, or who has been
4 convicted a second time of committing a Class 1 felony under
5 Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
6 person whose license or certificate of registration issued
7 under the provisions of this Act or any prior Act of this
8 State is revoked under this subsection (c) shall be
9 prohibited from engaging in the practice of pharmacy in this
10 State.
11 (d) In any order issued in resolution of a disciplinary
12 proceeding, the Board may request any licensee found guilty
13 of a charge involving a significant violation of subsection
14 (a) of Section 5, or paragraph 19 of Section 30 as it
15 pertains to controlled substances, to pay to the Department a
16 fine not to exceed $2,000.
17 (e) In any order issued in resolution of a disciplinary
18 proceeding, in addition to any other disciplinary action, the
19 Board may request any licensee found guilty of noncompliance
20 with the continuing education requirements of Section 12 to
21 pay the Department a fine not to exceed $1000.
22 (f) The Department shall issue quarterly to the Board a
23 status of all complaints related to the profession received
24 by the Department.
25 (Source: P.A. 86-596; 86-1434; 86-1472; 87-1207.)
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