Public Act 094-0459
 		





HB2451 Enrolled
LRB094 10796 RAS 41268 b






    AN ACT concerning regulation.

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

 
    Section 5. The Pharmacy Practice Act of 1987 is amended  by 
changing Section 3 and  by adding Section 41 as follows:
 



    (225 ILCS 85/3)  (from Ch. 111, par. 4123)


    (Section scheduled to be repealed on January 1, 2008)

    Sec. 3. Definitions. For the purpose of this Act, except 
where otherwise
limited therein:

    (a) "Pharmacy" or "drugstore" means and includes every 
store, shop,
pharmacy department, or other place where 
pharmaceutical care is
provided
by a pharmacist (1) where 
drugs, medicines, or poisons are
dispensed, sold or
offered for 
sale at retail, or displayed for sale at retail; or
(2)
where

prescriptions of physicians, dentists, veterinarians, 
podiatrists, or
therapeutically certified optometrists, within 
the limits of their
licenses, are
compounded, filled, or 
dispensed; or (3) which has upon it or
displayed within
it, or 
affixed to or used in connection with it, a sign bearing the 
word or
words "Pharmacist", "Druggist", "Pharmacy", 
"Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine 
Store", "Prescriptions", "Drugs", "Medicines", or any word
or 
words of similar or like import, either in the English language

or any other language; or (4) where the characteristic 
prescription
sign (Rx) or similar design is exhibited; or (5) 
any store, or
shop,
or other place with respect to which any of 
the above words, objects,
signs or designs are used in any 
advertisement.

    (b) "Drugs" means and includes (l) articles recognized
in 
the official United States Pharmacopoeia/National Formulary 
(USP/NF),
or any supplement thereto and being intended for and 
having for their
main use the diagnosis, cure, mitigation, 
treatment or prevention of
disease in man or other animals, as 
approved by the United States Food and
Drug Administration, but 
does not include devices or their components, parts,
or 
accessories; and (2) all other articles intended
for and having 
for their main use the diagnosis, cure, mitigation,
treatment 
or prevention of disease in man or other animals, as approved

by the United States Food and Drug Administration, but does not 
include
devices or their components, parts, or accessories; and 
(3) articles
(other than food) having for their main use and 
intended
to affect the structure or any function of the body of 
man or other
animals; and (4) articles having for their main 
use and intended
for use as a component or any articles 
specified in clause (l), (2)
or (3); but does not include 
devices or their components, parts or
accessories.

    (c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and 
Drug
Administration.

    (d) "Practice of pharmacy" means the provision of 
pharmaceutical care to
patients as determined by the 
pharmacist's professional judgment in the
following areas,

which may include but are not limited to (1) patient

counseling, (2)
interpretation and assisting in the monitoring 
of appropriate drug use and
prospective drug utilization 
review, (3) providing information on the
therapeutic values, 
reactions, drug interactions, side effects, uses, selection
of 
medications and medical devices, and outcome of drug therapy, 
(4)
participation in drug selection, drug monitoring, drug 
utilization review,
evaluation, administration, 
interpretation, application of
pharmacokinetic and
laboratory 
data to design safe and effective drug
regimens, (5) drug 
research
(clinical and scientific), and (6) compounding and 
dispensing of drugs and medical
devices.

    (e) "Prescription" means and includes any written, oral, 
facsimile, or
electronically transmitted order for drugs
or 
medical devices, issued by a physician licensed to practice 
medicine in
all its branches, dentist, veterinarian, or 
podiatrist,  or therapeutically
certified
optometrist, within 
the
limits of their licenses, by a physician assistant in 
accordance with
subsection (f) of Section 4, or by an advanced 
practice nurse in
accordance with subsection (g) of Section 4, 
containing the
following: (l) name
of the patient; (2) date 
when prescription was issued; (3) name
and strength of drug or 
description of the medical device prescribed;
and (4) quantity, 
(5) directions for use, (6) prescriber's name,
address
and 
signature, and (7) DEA number where required, for controlled

substances.
DEA numbers shall not be required on inpatient drug 
orders.

    (f) "Person" means and includes a natural person, 
copartnership,
association, corporation, government entity, or 
any other legal
entity.

    (g) "Department" means the Department of Professional 
Regulation.

    (h) "Board of Pharmacy" or "Board" means the State Board
of 
Pharmacy of the Department of Professional Regulation.

    (i) "Director" means the Director of Professional 
Regulation.

    (j) "Drug product selection" means the interchange for a

prescribed pharmaceutical product in accordance with Section 
25 of
this Act and Section 3.14 of the Illinois Food, Drug and 
Cosmetic Act.

    (k) "Inpatient drug order" means an order issued by an 
authorized
prescriber for a resident or patient of a facility 
licensed under the
Nursing Home Care Act or the Hospital 
Licensing Act, or "An Act in relation to
the founding and 
operation of the University of Illinois Hospital and the

conduct of University of Illinois health care programs", 
approved July 3, 1931,
as amended, or a facility which is 
operated by the Department of Human
Services (as successor to 
the Department of Mental Health
and Developmental 
Disabilities) or the Department of Corrections.

    (k-5) "Pharmacist" means an individual health care 
professional and
provider currently licensed by this State to 
engage in the practice of
pharmacy.

    (l) "Pharmacist in charge" means the licensed pharmacist 
whose name appears
on a pharmacy license and who is responsible 
for all aspects of the
operation related to the practice of 
pharmacy.

    (m) "Dispense" means the delivery of drugs and medical 
devices, in
accordance with applicable State and federal laws 
and regulations, to the
patient or the patient's representative 
authorized to receive these products,
including the 
preparation, compounding, packaging, and labeling necessary 
for delivery, computer entry, and verification of medication 
orders and prescriptions, and
any recommending or advising 
concerning the contents and therapeutic values and
uses 
thereof.  "Dispense" does not mean the physical delivery to a 
patient or a
patient's representative in a home or institution 
by a designee of a pharmacist
or by common carrier.  "Dispense" 
also does not mean the physical delivery
of a drug or medical 
device to a patient or patient's representative by a

pharmacist's designee within a pharmacy or drugstore while the 
pharmacist is
on duty and the pharmacy is open.

    (n) "Mail-order pharmacy" means a pharmacy that is located 
in a state
of the United States, other than Illinois, that 
delivers, dispenses or
distributes, through the United States 
Postal Service or other common
carrier, to Illinois residents, 
any substance which requires a prescription.

    (o) "Compounding" means the preparation, mixing, 
assembling,
packaging, or labeling of a drug or medical device: 
(1) as the result of a
practitioner's prescription drug order 
or initiative that is dispensed pursuant
to a prescription in 
the course of professional practice; or (2) for the
purpose of, 
or incident to, research, teaching, or chemical analysis; or 
(3) in anticipation of prescription drug orders
based on 
routine, regularly observed prescribing patterns.

    (p) "Confidential information" means information,

maintained by the
pharmacist in the patient's records, released 
only (i) to the patient or,
as the patient directs, to other 
practitioners and other pharmacists or (ii)
to any other person 
authorized by law to receive the
information.

    (q) "Prospective drug review" or "drug utilization 
evaluation" means a
screening for potential drug therapy 
problems due to
therapeutic duplication, drug-disease 
contraindications, drug-drug
interactions (including serious 
interactions with nonprescription or
over-the-counter drugs), 
drug-food interactions, incorrect drug dosage
or duration of 
drug
treatment, drug-allergy interactions, and clinical abuse 
or misuse.

    (r) "Patient counseling" means the communication between a 
pharmacist or
a student pharmacist under the direct supervision 
of a pharmacist and a
patient or the patient's representative 
about the patient's medication or
device for the purpose of 
optimizing proper use of prescription medications
or devices.  
The offer to counsel by the pharmacist or the pharmacist's

designee, and subsequent patient counseling by the pharmacist 
or student
pharmacist, shall be made in a face-to-face 
communication with the patient
or patient's representative 
unless, in the professional judgment of the
pharmacist, a 
face-to-face communication is deemed inappropriate or

unnecessary.  In that instance, the offer to counsel or patient 
counseling may
be made in a written communication, by 
telephone, or in a manner determined by
the pharmacist to be 
appropriate.

    (s) "Patient profiles" or "patient drug therapy record" 
means the
obtaining, recording, and maintenance of patient 
prescription
information, including prescriptions for 
controlled substances, and
personal information.

    (t) "Pharmaceutical care" includes, but is not limited to, 
the act of
monitoring drug use and other patient care services 
intended to achieve
outcomes that improve the patient's quality 
of life but shall not include
the sale of over-the-counter 
drugs by a seller of goods and services who
does not dispense 
prescription drugs.

    (u) "Medical device" means an instrument, apparatus, 
implement, machine,
contrivance, implant, in vitro reagent, or 
other similar or related article,
including any component part 
or accessory, required under federal law to
bear the label 
"Caution: Federal law requires dispensing by or on the order
of 
a physician". A seller of goods and services who, only for the 
purpose of
retail sales, compounds, sells, rents, or leases 
medical devices shall not,
by reasons thereof, be required to 
be a licensed pharmacy.

    (v) "Unique identifier" means an electronic signature, 
handwritten
signature or initials, thumb print, or other 
acceptable individual biometric
or electronic identification 
process as approved by the Department.

    (w) "Current usual and customary retail price" means the 
actual price that a pharmacy charges a retail purchaser.

(Source: P.A. 92-880, eff. 1-1-04; 93-571, eff. 8-20-03; 
93-1075, eff. 1-18-05.)

 
    (225 ILCS 85/41  new)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 41. Current usual and customary retail price 
disclosure. Upon request, a pharmacy must disclose the current 
usual and customary retail price of any brand or generic 
prescription drug or medical device that the pharmacy offers 
for sale to the public.  This disclosure requirement applies 
only to requests made in person or by telephone for the prices 
of no more than 10 prescription drugs or medical devices for 
which the person making the request has a prescription.  Prices 
quoted are for informational purposes only and are valid only 
on the day of inquiry.  The requests must specify the name, 
strength and quantity of the prescription drug.