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Rep. Angelo Saviano
Filed: 4/1/2004
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09300HB5890ham002 |
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LRB093 19986 AMC 49035 a |
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| AMENDMENT TO HOUSE BILL 5890
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| AMENDMENT NO. ______. Amend House Bill 5890, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Pharmacy Practice Act of 1987 is amended by |
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| changing Sections 14, 15, and 18 as follows:
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| (225 ILCS 85/14) (from Ch. 111, par. 4134)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 14. Structural and equipment requirements. No person |
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| shall establish
or move to a new location any
pharmacy unless |
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| the pharmacy is licensed with the Department and has on
file |
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| with the Department a verified statement that:
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| (1) such pharmacy is or will be engaged in the practice |
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| of
pharmacy; and
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| (2) other than a Division VI pharmacy, such pharmacy |
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| will have in stock and shall maintain
sufficient
drugs and |
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| materials as to protect the public it serves within
30 days |
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| after the
issuance of the registration of the pharmacy.
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| Division I, II, III, IV, or V pharmacies shall be in
a |
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| suitable,
well-lighted and well-ventilated
area with at least |
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| 300 square feet of clean and sanitary contiguous
space and |
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| shall be suitably equipped for compounding prescriptions,
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| storage of drugs and sale of drugs and to otherwise conduct the |
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| practice
of pharmacy. The space occupied shall be equipped with |
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LRB093 19986 AMC 49035 a |
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| a sink with
hot and cold water or facilities for heating water, |
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| proper
sewage outlet,
refrigeration storage equipment, and |
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| such fixtures, facilities, drugs,
equipment and material, |
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| which shall include the current editions of the United
States |
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| Pharmacopoeia/DI, Facts and Comparisons, or any other current |
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| compendium
approved by the Department, and other such reference |
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| works, as will enable a
pharmacist to practice pharmacy, |
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| including this Act and the rules promulgated
under this Act. |
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| Such pharmacy shall have the following items:
accurate weights |
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| of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription
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| balance equipped with balance indicator and with mechanical |
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| means of arresting
the oscillations of the mechanism and which |
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| balance shall be sensitive to 0.5
grain (32 mg) or less or an |
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| alternative weighing device as approved by the
Department, and |
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| such other measuring devices as may be necessary for
the |
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| conduct of the practice of pharmacy.
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| The provisions of this Section with regard to 300 square |
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| feet of space
shall apply to any pharmacy which is opened after |
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| the effective date
of this Act. Nothing shall require a |
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| pharmacy in existence on the
effective date of this Act which |
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| is comprised of less than 300 square
feet to provide additional |
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| space to meet these requirements.
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| The structural and equipment requirements for a Division VI |
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| pharmacy shall be set by rule.
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| (Source: P.A. 92-880, eff. 1-1-04.)
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| (225 ILCS 85/15) (from Ch. 111, par. 4135)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Pharmacy requirements. It shall be unlawful
for |
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| the owner of any pharmacy, as defined in this Act, to operate |
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| or conduct
the same, or to allow the same to be
operated or |
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| conducted, unless:
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| (a) It has a licensed pharmacist, authorized to practice |
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| pharmacy
in this State under the provisions of this Act, on |
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LRB093 19986 AMC 49035 a |
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| duty whenever the
practice of pharmacy is conducted;
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| (b) Security provisions for all drugs and devices, as |
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| determined by
rule of the Department, are provided during the |
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| absence from the licensed
pharmacy of all licensed pharmacists. |
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| Maintenance of security provisions
is the responsibility of the |
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| licensed registered pharmacist in charge;
and
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| (c) The pharmacy is licensed under this Act to do business.
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| The Department shall, by rule, provide requirements for |
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| each division
of pharmacy license and shall, as well provide |
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| guidelines for the designation
of a registered pharmacist in |
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| charge for each division.
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| Division I. Retail Licenses for pharmacies which are open |
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| to, or offer
pharmacy services to, the general public.
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| Division II. Licenses for pharmacies whose primary |
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| pharmacy service
is provided to patients or residents of |
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| facilities licensed under the
Nursing Home Care Act or the |
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| Hospital Licensing Act,
or "An Act in relation to the
founding |
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| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", |
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| approved July 3,
1931, as amended,
and which are not located in |
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| the facilities they serve.
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| Division III. Licenses for pharmacies which are located in |
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| a facility
licensed under the Nursing Home Care Act or the |
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| Hospital
Licensing Act,
or "An Act in relation to the
founding |
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| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", |
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| approved July 3,
1931, as amended,
or a facility which is |
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| operated by the Department of Human
Services (as successor to |
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| the Department of Mental Health
and Developmental |
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| Disabilities) or the Department of Corrections,
and which |
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| provide pharmacy services to residents or patients of the
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| facility, as well as employees, prescribers and students of the |
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| facility.
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| Division IV. Licenses for pharmacies which provide or offer |
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LRB093 19986 AMC 49035 a |
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| for sale
radioactive materials.
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| Division V. Licenses for pharmacies which hold licenses in |
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| Division
II or Division III which also provide pharmacy |
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| services to the general
public, or pharmacies which are located |
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| in or whose primary pharmacy
service is to ambulatory care |
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| facilities or schools of veterinary medicine
or other such |
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| institution or facility.
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| Division VI. Licenses for pharmacies located in Illinois |
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| and providing pharmaceutical care to patients of institutions |
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| maintaining a Division III pharmacy on its premises without |
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| using its own stock of drugs. The pharmaceutical care shall |
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| only be given in conjunction with the Division III pharmacy. No |
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| services shall be provided to the public. Each Division VI |
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| pharmacy shall file with the Department a notarized statement |
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| identifying the institutions to which it provides services |
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| within 10 days of providing services. A pharmacy maintaining a |
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| Division I, II, or IV license may not apply for a Division VI |
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| license. Nothing in this paragraph shall constitute a change to |
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| the practice of pharmacy as defined in Section 3.
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| The Director may waive the requirement for a pharmacist to |
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| be on duty
at all times for State facilities not treating human |
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| ailments.
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| It shall be unlawful for any person, who is not a licensed |
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| pharmacy
or health care facility, to purport to be such or to |
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| use in name, title,
or sign designating, or in connection with |
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| that place of business,
any of the words: "pharmacy", |
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| "pharmacist", "pharmacy department",
"apothecary", "druggist", |
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| "drug", "drugs", "medicines", "medicine store",
"drug |
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| sundries", "prescriptions filled", or any list of words |
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| indicating
that drugs are compounded or sold to the lay public, |
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| or prescriptions
are dispensed therein. Each day during which, |
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| or a part which, such
representation is made or appears or such |
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| a sign is allowed to remain
upon or in such a place of business |
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| shall constitute a separate offense
under this Act.
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LRB093 19986 AMC 49035 a |
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| The holder of any license or certificate of registration |
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| shall conspicuously
display it in the pharmacy in which he is |
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| engaged in the practice of
pharmacy. The registered pharmacist |
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| in charge shall conspicuously
display his name in such |
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| pharmacy. The pharmacy license shall also
be conspicuously |
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| displayed.
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| (Source: P.A. 92-880, eff. 1-1-04.)
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| (225 ILCS 85/18) (from Ch. 111, par. 4138)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 18. Record retention.
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| (a) Except as provided in subsection (b), there shall be |
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| kept in every drugstore or
pharmacy a suitable
book, file, or |
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| electronic record keeping system in which shall be preserved
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| for a period of not less than 5 years the original of every |
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| written
prescription and the original transcript or copy of |
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| every verbal prescription
filled, compounded, or dispensed, in |
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| such pharmacy; and such book or
file of prescriptions shall at |
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| all reasonable times be open to inspection
to the pharmacy |
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| coordinator and the duly authorized agents or
employees of the |
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| Department.
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| Every prescription filled or refilled shall contain the
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| unique identifier of the person authorized to practice
pharmacy |
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| under the provision of this Act who fills or refills the
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| prescription.
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| Records kept pursuant to this Section may be maintained in |
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| an alternative
data retention system, such as a direct digital |
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| imaging system, provided that:
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| (1) the records maintained in the alternative data |
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| retention system
contain all of the information required in |
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| a manual record;
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| (2) the data processing system is capable of producing |
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| a hard copy of the
electronic record on the request of the |
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| Board, its representative, or other
authorized local, |
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LRB093 19986 AMC 49035 a |
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| State, or federal law enforcement or regulatory agency; and
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| (3) the digital images are recorded and stored only by |
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| means of a
technology that does not allow subsequent |
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| revision or replacement of the
images.
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| As used in this Section, "digital imaging system" means a |
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| system, including
people, machines, methods of organization, |
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| and procedures, that provides input,
storage, processing, |
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| communications, output, and control functions for
digitized
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| representations of original prescription records.
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| Inpatient drug orders may be maintained
within an |
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| institution in a manner approved by the Department.
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| (b) The record retention requirements for a Division VI |
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| pharmacy shall be set by rule.
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| (Source: P.A. 92-880, eff. 1-1-04.)".
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