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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||||||||||||||||||||||||||||
5 | changing Sections 6, 10, 22a, and 30 as follows:
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6 | (225 ILCS 85/6) (from Ch. 111, par. 4126)
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7 | (Section scheduled to be repealed on January 1, 2008)
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8 | Sec. 6. Each individual seeking
licensure as a registered | ||||||||||||||||||||||||||||||
9 | pharmacist shall make application to the
Department and shall | ||||||||||||||||||||||||||||||
10 | provide evidence of the following:
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11 | 1. (blank)
that he is a United States citizen or legally | ||||||||||||||||||||||||||||||
12 | admitted alien ;
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13 | 2. that he or she has not engaged in conduct or behavior | ||||||||||||||||||||||||||||||
14 | determined to be
grounds for discipline under this Act;
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15 | 3. that he or she is a graduate of a first professional | ||||||||||||||||||||||||||||||
16 | degree program in
pharmacy of a university recognized and | ||||||||||||||||||||||||||||||
17 | approved by the Department;
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18 | 4. that he or she has successfully completed a program of | ||||||||||||||||||||||||||||||
19 | practice experience
under the direct supervision of a | ||||||||||||||||||||||||||||||
20 | registered pharmacist in a pharmacy
in this State, or in any | ||||||||||||||||||||||||||||||
21 | other State; and
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22 | 5. that he or she has passed an examination recommended by | ||||||||||||||||||||||||||||||
23 | the Board of Pharmacy
and authorized by the Department.
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24 | The program of practice experience referred to in paragraph | ||||||||||||||||||||||||||||||
25 | (4) of
this Section shall be fulfilled by the successful | ||||||||||||||||||||||||||||||
26 | completion of a practice
course offered by a school or college | ||||||||||||||||||||||||||||||
27 | of pharmacy or department of
pharmacy recognized and approved | ||||||||||||||||||||||||||||||
28 | by the Department, which shall be
a minimum of one academic | ||||||||||||||||||||||||||||||
29 | quarter in length.
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30 | Any person applying for a license as a registered | ||||||||||||||||||||||||||||||
31 | pharmacist in this
State who has graduated from a first | ||||||||||||||||||||||||||||||
32 | professional degree program in
pharmacy of at least 5 academic |
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1 | years from a school or college of pharmacy,
which at the time | ||||||
2 | of such graduation was not recognized and approved
as reputable | ||||||
3 | and in good standing by the Department, shall be required,
in | ||||||
4 | order to qualify for admittance to take the Department's | ||||||
5 | examination
for licensure as a registered pharmacist, to pass a | ||||||
6 | preliminary diagnostic
examination recommended by the Board | ||||||
7 | and authorized by the Department,
covering proficiency in the | ||||||
8 | English language and such academic areas
as the Board may deem | ||||||
9 | essential to a satisfactory pharmacy curriculum
and by rule | ||||||
10 | prescribe. Any applicant who submits to and fails to pass
the | ||||||
11 | preliminary diagnostic examination may be required to satisfy | ||||||
12 | the
Board that he has taken additional remedial work previously | ||||||
13 | approved
by the Board to correct deficiencies in his | ||||||
14 | pharmaceutical education
indicated by the results of the last | ||||||
15 | preliminary diagnostic examination
prior to taking the | ||||||
16 | preliminary diagnostic examination again.
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17 | Any applicant who has graduated from a first professional | ||||||
18 | degree program
in pharmacy of at least 5 academic years from a | ||||||
19 | school or college of
pharmacy, which at the time of such | ||||||
20 | graduation was not recognized and
approved as reputable and in | ||||||
21 | good standing by the Department, shall
complete a clinical | ||||||
22 | program previously approved by the Board on the
basis of its | ||||||
23 | equivalence to programs that are components of first | ||||||
24 | professional
degree programs in pharmacy approved by the | ||||||
25 | Department.
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26 | Any person required by Section 6 to submit to a preliminary | ||||||
27 | diagnostic
examination in advance of admittance to an | ||||||
28 | examination for registration
as a registered pharmacist under | ||||||
29 | this Act shall be permitted to take
such preliminary diagnostic | ||||||
30 | examination, provided that he is not less
than 21 years of age | ||||||
31 | and furnishes the Department with satisfactory
evidence that he | ||||||
32 | has: successfully completed a program of preprofessional
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33 | education (postsecondary school) consisting of course work | ||||||
34 | equivalent
to that generally required for admission to U.S. | ||||||
35 | colleges of pharmacy
recognized and approved as reputable and | ||||||
36 | in good standing by the Department;
and has received a degree |
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1 | in pharmacy as required in this Section.
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2 | The Department shall issue a license as a registered | ||||||
3 | pharmacist to
any applicant who has qualified as aforesaid and | ||||||
4 | who has filed the
required applications and paid the required | ||||||
5 | fees in connection therewith;
and such registrant shall have | ||||||
6 | the authority to practice the profession
of pharmacy in this | ||||||
7 | State.
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8 | (Source: P.A. 85-796.)
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9 | (225 ILCS 85/10) (from Ch. 111, par. 4130)
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10 | (Section scheduled to be repealed on January 1, 2008)
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11 | Sec. 10. State Board of Pharmacy. There is created in the | ||||||
12 | Department the
State Board of Pharmacy.
It shall consist of 9 | ||||||
13 | members, 7 of whom shall be licensed pharmacists.
Each of those | ||||||
14 | 7 members must be a licensed pharmacist in good standing
in | ||||||
15 | this State, a graduate of an accredited college of pharmacy or | ||||||
16 | hold
a Bachelor of Science degree in Pharmacy and have at least | ||||||
17 | 5 years'
practical experience in the practice of pharmacy | ||||||
18 | subsequent to the
date of his licensure as a licensed | ||||||
19 | pharmacist in the State of Illinois.
There shall be 2 public | ||||||
20 | members, who shall be voting members, who
shall not be licensed | ||||||
21 | pharmacists in this State or any other state.
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22 | Each member shall be appointed by the Governor.
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23 | The terms of all members serving as of March 31, 1999 shall | ||||||
24 | expire on that
date. The Governor shall appoint 3 persons to | ||||||
25 | serve one-year terms, 3 persons
to serve 3-year terms, and 3 | ||||||
26 | persons to serve 5-year terms to begin April 1,
1999. | ||||||
27 | Otherwise, members shall be appointed to 5 year terms. No | ||||||
28 | member shall
be eligible to serve more than 12 consecutive | ||||||
29 | years.
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30 | In making the appointment of members on the Board, the | ||||||
31 | Governor shall
give due consideration to recommendations by the | ||||||
32 | members of the profession
of pharmacy and by pharmaceutical | ||||||
33 | organizations therein. The Governor
shall notify the | ||||||
34 | pharmaceutical organizations promptly of any vacancy
of | ||||||
35 | members on the Board and in appointing members shall give |
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1 | consideration
to individuals engaged in all types and settings | ||||||
2 | of pharmacy practice.
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3 | The Governor may remove any member of the Board for | ||||||
4 | misconduct, incapacity
or neglect of duty and he shall be the | ||||||
5 | sole judge of the sufficiency of the
cause for removal.
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6 | Every person appointed a member of the Board shall take and | ||||||
7 | subscribe
the constitutional oath of office and file it with | ||||||
8 | the Secretary of
State. Each member of the Board shall be | ||||||
9 | reimbursed for such actual
and legitimate expenses as he may | ||||||
10 | incur in going to and from the place
of meeting and remaining | ||||||
11 | thereat during sessions of the Board. In
addition, each member | ||||||
12 | of the Board shall receive a per diem payment
in an amount | ||||||
13 | determined from time to time by the Director for attendance
at | ||||||
14 | meetings of the Board and conducting other official business of
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15 | the Board.
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16 | The Board shall hold quarterly meetings and an annual | ||||||
17 | meeting in January
of each year and such other meetings at such | ||||||
18 | times and places and upon
such notice as the Board may | ||||||
19 | determine and as its business may require.
Five members of the | ||||||
20 | Board shall constitute a quorum for the transaction
of | ||||||
21 | business. The Director shall appoint a pharmacy coordinator, | ||||||
22 | who shall be
someone other than a member of the Board. The | ||||||
23 | pharmacy coordinator shall be a
registered pharmacist in good | ||||||
24 | standing in this State, shall be a graduate of
an accredited | ||||||
25 | college of pharmacy, or hold at a minimum a Bachelor of Science
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26 | degree in Pharmacy and shall have at least 5 years' experience | ||||||
27 | in the practice
of pharmacy immediately prior to his | ||||||
28 | appointment. The pharmacy coordinator
shall be the executive | ||||||
29 | administrator and the chief enforcement officer of the
Pharmacy | ||||||
30 | Practice Act of 1987.
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31 | The Board shall exercise the rights, powers and duties | ||||||
32 | which have been
vested in the Board under this Act, and any | ||||||
33 | other duties conferred
upon the Board by law.
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34 | The Director shall, in conformity with the Personnel Code, | ||||||
35 | employ not
less than 7 pharmacy investigators and 2 pharmacy | ||||||
36 | supervisors. Each pharmacy
investigator and each supervisor |
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1 | shall be a registered pharmacist in good
standing in this | ||||||
2 | State, and shall be a graduate of an accredited college of
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3 | pharmacy and have at least 5 years of experience in the | ||||||
4 | practice of pharmacy.
The Department shall also employ at least | ||||||
5 | one attorney who is a pharmacist
to prosecute violations of | ||||||
6 | this Act and its rules. The Department may, in
conformity with | ||||||
7 | the Personnel Code, employ such clerical and other employees
as | ||||||
8 | are necessary to carry out the duties of the Board.
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9 | The duly authorized pharmacy investigators of the | ||||||
10 | Department shall have the
right to enter and inspect during | ||||||
11 | business hours any pharmacy or any other
place in the State of | ||||||
12 | Illinois holding itself out to be a pharmacy where
medicines or | ||||||
13 | drugs or drug products or proprietary medicines are sold, | ||||||
14 | offered
for sale, exposed for sale, or kept for sale. The | ||||||
15 | pharmacy investigators shall
be the only Department | ||||||
16 | investigators authorized to inspect, investigate, and
monitor | ||||||
17 | probation compliance of pharmacists, pharmacies, and
pharmacy | ||||||
18 | technicians.
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19 | (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02; | ||||||
20 | 92-880, eff. 1-1-04.)
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21 | (225 ILCS 85/22a)
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22 | (Section scheduled to be repealed on January 1, 2008)
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23 | Sec. 22a. Automated dispensing and storage systems. The | ||||||
24 | Department shall
establish rules
governing the use of automated | ||||||
25 | dispensing and storage systems by Division I , II, III, and
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26 | through V pharmacies. Automated dispensing and storage systems | ||||||
27 | shall not be used in Division IV pharmacies.
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28 | (Source: P.A. 90-253, eff. 7-29-97.)
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29 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
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30 | (Section scheduled to be repealed on January 1, 2008)
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31 | Sec. 30. (a) In accordance with Section 11 of this Act, the | ||||||
32 | Department
may refuse to issue, restore, or renew, or may | ||||||
33 | revoke, suspend, place on
probation, reprimand or take other | ||||||
34 | disciplinary action as the Department
may deem proper with |
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1 | regard to any license or certificate of registration
for any | ||||||
2 | one or combination of the following causes:
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3 | 1. Material misstatement in furnishing information to | ||||||
4 | the Department.
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5 | 2. Violations of this Act, or the rules promulgated | ||||||
6 | hereunder.
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7 | 3. Making any misrepresentation for the purpose of | ||||||
8 | obtaining licenses.
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9 | 4. A pattern of conduct which demonstrates | ||||||
10 | incompetence or unfitness
to practice.
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11 | 5. Aiding or assisting another person in violating any | ||||||
12 | provision of
this Act or rules.
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13 | 6. Failing, within 60 days, to respond to a written | ||||||
14 | request made by
the Department for information.
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15 | 7. Engaging in dishonorable, unethical or | ||||||
16 | unprofessional conduct of
a character likely to deceive, | ||||||
17 | defraud or harm the public.
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18 | 8. Discipline by another U.S. jurisdiction or foreign | ||||||
19 | nation, if at
least one of the grounds for the discipline | ||||||
20 | is the same or substantially
equivalent to those set forth | ||||||
21 | herein.
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22 | 9. Directly or indirectly giving to or receiving from | ||||||
23 | any person, firm,
corporation, partnership or association | ||||||
24 | any fee, commission, rebate
or other form of compensation | ||||||
25 | for any professional services not actually
or personally | ||||||
26 | rendered.
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27 | 10. A finding by the Department that the licensee, | ||||||
28 | after having his
license placed on probationary status has | ||||||
29 | violated the terms of probation.
| ||||||
30 | 11. Selling or engaging in the sale of drug samples | ||||||
31 | provided at no
cost by drug manufacturers.
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32 | 12. Physical illness, including but not limited to, | ||||||
33 | deterioration through
the aging process, or loss of motor | ||||||
34 | skill which results in the inability
to practice the | ||||||
35 | profession with reasonable judgment, skill or safety.
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36 | 13. A finding that licensure or registration has been |
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1 | applied for or
obtained by fraudulent means.
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2 | 14. The applicant, or licensee has been convicted in | ||||||
3 | state or federal
court of any crime which is a felony or | ||||||
4 | any misdemeanor related to
the practice of pharmacy, of | ||||||
5 | which an essential element is dishonesty.
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6 | 15. Habitual or excessive use or addiction to alcohol, | ||||||
7 | narcotics, stimulants
or any other chemical agent or drug | ||||||
8 | which results in the inability
to practice with reasonable | ||||||
9 | judgment, skill or safety.
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10 | 16. Willfully making or filing false records or reports | ||||||
11 | in the practice
of pharmacy, including, but not limited to | ||||||
12 | false records to support
claims against the medical | ||||||
13 | assistance program of the Department of
Public Aid under | ||||||
14 | the Public Aid Code.
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15 | 17. Gross and willful overcharging for professional | ||||||
16 | services including
filing false statements for collection | ||||||
17 | of fees for which services are
not rendered, including, but | ||||||
18 | not limited to, filing false statements
for collection of | ||||||
19 | monies for services not rendered from the medical
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20 | assistance program of the Department of Public Aid under | ||||||
21 | the Public Aid Code.
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22 | 18. Repetitiously dispensing prescription drugs | ||||||
23 | without receiving a
written or oral prescription.
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24 | 19. Upon a finding of a substantial discrepancy in a | ||||||
25 | Department audit
of a prescription drug, including | ||||||
26 | controlled substances, as that term
is defined in this Act | ||||||
27 | or in the Illinois Controlled Substances Act.
| ||||||
28 | 20. Physical illness which results in the inability to | ||||||
29 | practice with
reasonable judgment, skill or safety, or | ||||||
30 | mental incompetency as declared
by a court of competent | ||||||
31 | jurisdiction.
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32 | 21. Violation of the Health Care Worker Self-Referral | ||||||
33 | Act.
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34 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
35 | poison in good
faith. "Good faith", for the purposes of | ||||||
36 | this Section, has the meaning
ascribed
to it in subsection |
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1 | (u) of Section 102 of the Illinois Controlled Substances
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2 | Act.
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3 | 23. Interfering with the professional judgment of a | ||||||
4 | pharmacist by
any registrant under this Act, or his or her | ||||||
5 | agents or employees.
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6 | 24. Willfully omitting to file or record, willfully | ||||||
7 | impeding the filing or recording of, or inducing another | ||||||
8 | person to omit to file or record medical reports as | ||||||
9 | required by law.
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10 | 25. Willfully failing to report an instance of | ||||||
11 | suspected abuse or neglect as required by law.
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12 | (b) The Department may refuse to issue or may suspend the | ||||||
13 | license or
registration of any person who fails to file a | ||||||
14 | return, or to pay the tax,
penalty or interest shown in a filed | ||||||
15 | return, or to pay any final assessment
of tax, penalty or | ||||||
16 | interest, as required by any tax Act administered by the
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17 | Illinois Department of Revenue, until such time as the | ||||||
18 | requirements of any
such tax Act are satisfied.
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19 | (c) The Department shall revoke the license or certificate | ||||||
20 | of
registration issued under the provisions of this Act or any | ||||||
21 | prior Act of
this State of any person who has been convicted a | ||||||
22 | second time of committing
any felony under the Illinois | ||||||
23 | Controlled Substances Act, or who
has been convicted a second | ||||||
24 | time of committing a Class 1 felony under
Sections 8A-3 and | ||||||
25 | 8A-6 of the Illinois Public Aid Code. A
person whose license or | ||||||
26 | certificate of registration issued under the
provisions of this | ||||||
27 | Act or any prior Act of this State is revoked under this
| ||||||
28 | subsection (c) shall be prohibited from engaging in the | ||||||
29 | practice of
pharmacy in this State.
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30 | (d) In any order issued in resolution of a disciplinary | ||||||
31 | proceeding,
the Board may request any licensee found guilty of | ||||||
32 | a charge involving a
significant violation of subsection (a) of | ||||||
33 | Section 5, or paragraph 19 of
Section 30 as it pertains to | ||||||
34 | controlled substances, to pay to the
Department a fine not to | ||||||
35 | exceed $2,000.
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36 | (e) In any order issued in resolution of a disciplinary |
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1 | proceeding, in
addition to any other disciplinary action, the | ||||||
2 | Board may request any
licensee found guilty of noncompliance | ||||||
3 | with the continuing education
requirements of Section 12 to pay | ||||||
4 | the Department a fine not to exceed $1000.
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5 | (f) The Department shall issue quarterly to the Board a | ||||||
6 | status of all
complaints related to the profession received by | ||||||
7 | the Department.
| ||||||
8 | (g) In enforcing this Section, the Board, upon a showing of | ||||||
9 | a possible violation, may compel a licensee or applicant to | ||||||
10 | submit to a mental or physical examination, or both, as | ||||||
11 | required by and at the expense of the Department. The
examining | ||||||
12 | physicians or clinical psychologists shall be those | ||||||
13 | specifically designated by the Board. The Board or the | ||||||
14 | Department may order (i) the examining physician to present | ||||||
15 | testimony concerning the mental or physical examination of a | ||||||
16 | licensee or applicant or (ii) the examining clinical | ||||||
17 | psychologist to present testimony concerning the mental | ||||||
18 | examination of a licensee or applicant. No information shall be | ||||||
19 | excluded by reason of any common law or statutory privilege | ||||||
20 | relating to communications between a licensee or applicant and | ||||||
21 | the examining physician or clinical psychologist. An | ||||||
22 | individual to be examined may have, at his or her own expense, | ||||||
23 | another physician or clinical psychologist of his or her choice | ||||||
24 | present during all aspects of the examination. Failure of an | ||||||
25 | individual to submit to a mental or physical examination when | ||||||
26 | directed is grounds for suspension of his or her license. The | ||||||
27 | license must remain suspended until the person submits to the | ||||||
28 | examination or the Board finds, after notice and hearing, that | ||||||
29 | the refusal to submit to the examination was with reasonable | ||||||
30 | cause.
| ||||||
31 | If the Board finds an individual unable to practice because | ||||||
32 | of the reasons set forth in this subsection, the Board must | ||||||
33 | require the individual to submit to care, counseling, or | ||||||
34 | treatment by a physician or clinical psychologist approved by | ||||||
35 | the Board, as a condition, term, or restriction for continued, | ||||||
36 | reinstated, or renewed licensure to practice. In lieu of care, |
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1 | counseling, or treatment, the Board may recommend that the | ||||||
2 | Department file a complaint to immediately suspend or revoke | ||||||
3 | the license of the individual or otherwise discipline the | ||||||
4 | licensee.
| ||||||
5 | An individual whose license was granted, continued, | ||||||
6 | reinstated, or renewed subject to conditions, terms, or | ||||||
7 | restrictions, as provided for in this subsection, or any | ||||||
8 | individual who was disciplined or placed on supervision | ||||||
9 | pursuant to this subsection must be referred to the Director | ||||||
10 | for a determination as to whether the person shall have his or | ||||||
11 | her license suspended immediately, pending a hearing by the | ||||||
12 | Board.
| ||||||
13 | (Source: P.A. 92-880, eff. 1-1-04.)
|