Rep. Angelo Saviano
Filed: 4/1/2004
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1 | AMENDMENT TO HOUSE BILL 5890
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2 | AMENDMENT NO. ______. Amend House Bill 5890, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||||
6 | changing Sections 14, 15, and 18 as follows:
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7 | (225 ILCS 85/14) (from Ch. 111, par. 4134)
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8 | (Section scheduled to be repealed on January 1, 2008)
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9 | Sec. 14. Structural and equipment requirements. No person | ||||||
10 | shall establish
or move to a new location any
pharmacy unless | ||||||
11 | the pharmacy is licensed with the Department and has on
file | ||||||
12 | with the Department a verified statement that:
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13 | (1) such pharmacy is or will be engaged in the practice | ||||||
14 | of
pharmacy; and
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15 | (2) other than a Division VI pharmacy, such pharmacy | ||||||
16 | will have in stock and shall maintain
sufficient
drugs and | ||||||
17 | materials as to protect the public it serves within
30 days | ||||||
18 | after the
issuance of the registration of the pharmacy.
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19 | Division I, II, III, IV, or V pharmacies shall be in
a | ||||||
20 | suitable,
well-lighted and well-ventilated
area with at least | ||||||
21 | 300 square feet of clean and sanitary contiguous
space and | ||||||
22 | shall be suitably equipped for compounding prescriptions,
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23 | storage of drugs and sale of drugs and to otherwise conduct the | ||||||
24 | practice
of pharmacy. The space occupied shall be equipped with |
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1 | a sink with
hot and cold water or facilities for heating water, | ||||||
2 | proper
sewage outlet,
refrigeration storage equipment, and | ||||||
3 | such fixtures, facilities, drugs,
equipment and material, | ||||||
4 | which shall include the current editions of the United
States | ||||||
5 | Pharmacopoeia/DI, Facts and Comparisons, or any other current | ||||||
6 | compendium
approved by the Department, and other such reference | ||||||
7 | works, as will enable a
pharmacist to practice pharmacy, | ||||||
8 | including this Act and the rules promulgated
under this Act. | ||||||
9 | Such pharmacy shall have the following items:
accurate weights | ||||||
10 | of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription
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11 | balance equipped with balance indicator and with mechanical | ||||||
12 | means of arresting
the oscillations of the mechanism and which | ||||||
13 | balance shall be sensitive to 0.5
grain (32 mg) or less or an | ||||||
14 | alternative weighing device as approved by the
Department, and | ||||||
15 | such other measuring devices as may be necessary for
the | ||||||
16 | conduct of the practice of pharmacy.
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17 | The provisions of this Section with regard to 300 square | ||||||
18 | feet of space
shall apply to any pharmacy which is opened after | ||||||
19 | the effective date
of this Act. Nothing shall require a | ||||||
20 | pharmacy in existence on the
effective date of this Act which | ||||||
21 | is comprised of less than 300 square
feet to provide additional | ||||||
22 | space to meet these requirements.
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23 | The structural and equipment requirements for a Division VI | ||||||
24 | pharmacy shall be set by rule.
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25 | (Source: P.A. 92-880, eff. 1-1-04.)
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26 | (225 ILCS 85/15) (from Ch. 111, par. 4135)
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27 | (Section scheduled to be repealed on January 1, 2008)
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28 | Sec. 15. Pharmacy requirements. It shall be unlawful
for | ||||||
29 | the owner of any pharmacy, as defined in this Act, to operate | ||||||
30 | or conduct
the same, or to allow the same to be
operated or | ||||||
31 | conducted, unless:
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32 | (a) It has a licensed pharmacist, authorized to practice | ||||||
33 | pharmacy
in this State under the provisions of this Act, on |
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1 | duty whenever the
practice of pharmacy is conducted;
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2 | (b) Security provisions for all drugs and devices, as | ||||||
3 | determined by
rule of the Department, are provided during the | ||||||
4 | absence from the licensed
pharmacy of all licensed pharmacists. | ||||||
5 | Maintenance of security provisions
is the responsibility of the | ||||||
6 | licensed registered pharmacist in charge;
and
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7 | (c) The pharmacy is licensed under this Act to do business.
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8 | The Department shall, by rule, provide requirements for | ||||||
9 | each division
of pharmacy license and shall, as well provide | ||||||
10 | guidelines for the designation
of a registered pharmacist in | ||||||
11 | charge for each division.
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12 | Division I. Retail Licenses for pharmacies which are open | ||||||
13 | to, or offer
pharmacy services to, the general public.
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14 | Division II. Licenses for pharmacies whose primary | ||||||
15 | pharmacy service
is provided to patients or residents of | ||||||
16 | facilities licensed under the
Nursing Home Care Act or the | ||||||
17 | Hospital Licensing Act,
or "An Act in relation to the
founding | ||||||
18 | and operation of the University of Illinois Hospital and the
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19 | conduct of University of Illinois health care programs", | ||||||
20 | approved July 3,
1931, as amended,
and which are not located in | ||||||
21 | the facilities they serve.
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22 | Division III. Licenses for pharmacies which are located in | ||||||
23 | a facility
licensed under the Nursing Home Care Act or the | ||||||
24 | Hospital
Licensing Act,
or "An Act in relation to the
founding | ||||||
25 | and operation of the University of Illinois Hospital and the
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26 | conduct of University of Illinois health care programs", | ||||||
27 | approved July 3,
1931, as amended,
or a facility which is | ||||||
28 | operated by the Department of Human
Services (as successor to | ||||||
29 | the Department of Mental Health
and Developmental | ||||||
30 | Disabilities) or the Department of Corrections,
and which | ||||||
31 | provide pharmacy services to residents or patients of the
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32 | facility, as well as employees, prescribers and students of the | ||||||
33 | facility.
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34 | Division IV. Licenses for pharmacies which provide or offer |
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1 | for sale
radioactive materials.
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2 | Division V. Licenses for pharmacies which hold licenses in | ||||||
3 | Division
II or Division III which also provide pharmacy | ||||||
4 | services to the general
public, or pharmacies which are located | ||||||
5 | in or whose primary pharmacy
service is to ambulatory care | ||||||
6 | facilities or schools of veterinary medicine
or other such | ||||||
7 | institution or facility.
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8 | Division VI. Licenses for pharmacies located in Illinois | ||||||
9 | and providing pharmaceutical care to patients of institutions | ||||||
10 | maintaining a Division III pharmacy on its premises without | ||||||
11 | using its own stock of drugs. The pharmaceutical care shall | ||||||
12 | only be given in conjunction with the Division III pharmacy. No | ||||||
13 | services shall be provided to the public. Each Division VI | ||||||
14 | pharmacy shall file with the Department a notarized statement | ||||||
15 | identifying the institutions to which it provides services | ||||||
16 | within 10 days of providing services. A pharmacy maintaining a | ||||||
17 | Division I, II, or IV license may not apply for a Division VI | ||||||
18 | license. Nothing in this paragraph shall constitute a change to | ||||||
19 | the practice of pharmacy as defined in Section 3.
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20 | The Director may waive the requirement for a pharmacist to | ||||||
21 | be on duty
at all times for State facilities not treating human | ||||||
22 | ailments.
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23 | It shall be unlawful for any person, who is not a licensed | ||||||
24 | pharmacy
or health care facility, to purport to be such or to | ||||||
25 | use in name, title,
or sign designating, or in connection with | ||||||
26 | that place of business,
any of the words: "pharmacy", | ||||||
27 | "pharmacist", "pharmacy department",
"apothecary", "druggist", | ||||||
28 | "drug", "drugs", "medicines", "medicine store",
"drug | ||||||
29 | sundries", "prescriptions filled", or any list of words | ||||||
30 | indicating
that drugs are compounded or sold to the lay public, | ||||||
31 | or prescriptions
are dispensed therein. Each day during which, | ||||||
32 | or a part which, such
representation is made or appears or such | ||||||
33 | a sign is allowed to remain
upon or in such a place of business | ||||||
34 | shall constitute a separate offense
under this Act.
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1 | The holder of any license or certificate of registration | ||||||
2 | shall conspicuously
display it in the pharmacy in which he is | ||||||
3 | engaged in the practice of
pharmacy. The registered pharmacist | ||||||
4 | in charge shall conspicuously
display his name in such | ||||||
5 | pharmacy. The pharmacy license shall also
be conspicuously | ||||||
6 | displayed.
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7 | (Source: P.A. 92-880, eff. 1-1-04.)
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8 | (225 ILCS 85/18) (from Ch. 111, par. 4138)
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9 | (Section scheduled to be repealed on January 1, 2008)
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10 | Sec. 18. Record retention.
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11 | (a) Except as provided in subsection (b), there shall be | ||||||
12 | kept in every drugstore or
pharmacy a suitable
book, file, or | ||||||
13 | electronic record keeping system in which shall be preserved
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14 | for a period of not less than 5 years the original of every | ||||||
15 | written
prescription and the original transcript or copy of | ||||||
16 | every verbal prescription
filled, compounded, or dispensed, in | ||||||
17 | such pharmacy; and such book or
file of prescriptions shall at | ||||||
18 | all reasonable times be open to inspection
to the pharmacy | ||||||
19 | coordinator and the duly authorized agents or
employees of the | ||||||
20 | Department.
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21 | Every prescription filled or refilled shall contain the
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22 | unique identifier of the person authorized to practice
pharmacy | ||||||
23 | under the provision of this Act who fills or refills the
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24 | prescription.
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25 | Records kept pursuant to this Section may be maintained in | ||||||
26 | an alternative
data retention system, such as a direct digital | ||||||
27 | imaging system, provided that:
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28 | (1) the records maintained in the alternative data | ||||||
29 | retention system
contain all of the information required in | ||||||
30 | a manual record;
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31 | (2) the data processing system is capable of producing | ||||||
32 | a hard copy of the
electronic record on the request of the | ||||||
33 | Board, its representative, or other
authorized local, |
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1 | State, or federal law enforcement or regulatory agency; and
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2 | (3) the digital images are recorded and stored only by | ||||||
3 | means of a
technology that does not allow subsequent | ||||||
4 | revision or replacement of the
images.
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5 | As used in this Section, "digital imaging system" means a | ||||||
6 | system, including
people, machines, methods of organization, | ||||||
7 | and procedures, that provides input,
storage, processing, | ||||||
8 | communications, output, and control functions for
digitized
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9 | representations of original prescription records.
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10 | Inpatient drug orders may be maintained
within an | ||||||
11 | institution in a manner approved by the Department.
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12 | (b) The record retention requirements for a Division VI | ||||||
13 | pharmacy shall be set by rule.
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14 | (Source: P.A. 92-880, eff. 1-1-04.)".
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