093_SB1983eng SB1983 Engrossed LRB093 08954 RCE 09186 b 1 AN ACT in relation to 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is amended 5 by changing Section 3 as follows: 6 (225 ILCS 85/3) (from Ch. 111, par. 4123) 7 (Section scheduled to be repealed on January 1, 2008) 8 (Text of Section before amendment by P.A. 92-880) 9 Sec. 3.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 SB1983 Engrossed -2- LRB093 08954 RCE 09186 b 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 SB1983 Engrossed -3- LRB093 08954 RCE 09186 b 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 SB1983 Engrossed -4- LRB093 08954 RCE 09186 b 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 health care 8 professional and provider currently licensed by this State to 9 engage in the practice of pharmacy. 10 (l) "Pharmacist in charge" means the licensed pharmacist 11 whose name appears on a pharmacy license who is responsible 12 for all aspects of the operation related to the practice of 13 pharmacy. 14 (m) "Dispense" means the delivery of drugs and medical 15 devices, in accordance with applicable State and federal laws 16 and regulations, to the patient or the patient's 17 representative authorized to receive these products, 18 including the compounding, packaging, and labeling necessary 19 for delivery, and any recommending or advising concerning the 20 contents and therapeutic values and uses thereof. "Dispense" 21 does not mean the physical delivery to a patient or a 22 patient's representative in a home or institution by a 23 designee of a pharmacist or by common carrier. "Dispense" 24 also does not mean the physical delivery of a drug or medical 25 device to a patient or patient's representative by a 26 pharmacist's designee within a pharmacy or drugstore while 27 the pharmacist is on duty and the pharmacy is open. 28 (n) "Mail-order pharmacy" means a pharmacy that is 29 located in a state of the United States, other than Illinois, 30 that delivers, dispenses or distributes, through the United 31 States Postal Service or other common carrier, to Illinois 32 residents, any substance which requires a prescription. 33 (o) "Compounding" means the preparation, mixing, 34 assembling, packaging, or labeling of a drug or medical SB1983 Engrossed -5- LRB093 08954 RCE 09186 b 1 device: (1) as the result of a practitioner's prescription 2 drug order or initiative that is dispensed pursuant to a 3 prescription in the course of professional practice; or (2) 4 for the purpose of, or incident to, research, teaching, or 5 chemical analysis; or (3) in anticipation of prescription 6 drug orders based on routine, regularly observed prescribing 7 patterns. 8 (p) "Confidential information" means information, 9 maintained by the pharmacist in the patient's records, 10 released only (i) to the patient or, as the patient directs, 11 to other practitioners and other pharmacists or (ii) to any 12 other person authorized by law to receive the information. 13 (q) "Prospective drug review" or "drug utilization 14 evaluation" means a screening for potential drug therapy 15 problems due to therapeutic duplication, drug-disease 16 contraindications, drug-drug interactions (including serious 17 interactions with nonprescription or over-the-counter drugs), 18 drug-food interactions, incorrect drug dosage or duration of 19 drug treatment, drug-allergy interactions, and clinical abuse 20 or misuse. 21 (r) "Patient counseling" means the communication between 22 a pharmacist or a student pharmacist under the direct 23 supervision of a pharmacist and a patient or the patient's 24 representative about the patient's medication or device for 25 the purpose of optimizing proper use of prescription 26 medications or devices. The offer to counsel by the 27 pharmacist or the pharmacist's designee, and subsequent 28 patient counseling by the pharmacist or student pharmacist, 29 shall be made in a face-to-face communication with the 30 patient or patient's representative unless, in the 31 professional judgment of the pharmacist, a face-to-face 32 communication is deemed inappropriate or unnecessary. In 33 that instance, the offer to counsel or patient counseling may 34 be made in a written communication, by telephone, or in a SB1983 Engrossed -6- LRB093 08954 RCE 09186 b 1 manner determined by the pharmacist to be appropriate. 2 (s) "Patient profiles" or "patient drug therapy record" 3 means the obtaining, recording, and maintenance of patient 4 prescription and personal information. 5 (t) "Pharmaceutical care" includes, but is not limited 6 to, the act of monitoring drug use and other patient care 7 services intended to achieve outcomes that improve the 8 patient's quality of life but shall not include the sale of 9 over-the-counter drugs by a seller of goods and services who 10 does not dispense prescription drugs. 11 (u) "Medical device" means an instrument, apparatus, 12 implement, machine, contrivance, implant, in vitro reagent, 13 or other similar or related article, including any component 14 part or accessory, required under federal law to bear the 15 label "Caution: Federal law requires dispensing by or on the 16 order of a physician". A seller of goods and services who, 17 only for the purpose of retail sales, compounds, sells, 18 rents, or leases medical devices shall not, by reasons 19 thereof, be required to be a licensed pharmacy. 20 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97; 21 90-116, eff. 7-14-97; 90-253, eff. 7-29-97; 90-655, eff. 22 7-30-98; 90-742, eff. 8-13-98.) 23 (Text of Section after amendment by P.A. 92-880) 24 Sec. 3. Definitions. For the purpose of this Act, except 25 where otherwise limited therein: 26 (a) "Pharmacy" or "drugstore" means and includes every 27 store, shop, pharmacy department, or other place where 28 pharmaceutical care is provided by a pharmacist (1) where 29 drugs, medicines, or poisons are dispensed, sold or offered 30 for sale at retail, or displayed for sale at retail; or (2) 31 where prescriptions of physicians, dentists, veterinarians, 32 podiatrists, or therapeutically certified optometrists, 33 within the limits of their licenses, are compounded, filled, 34 or dispensed; or (3) which has upon it or displayed within SB1983 Engrossed -7- LRB093 08954 RCE 09186 b 1 it, or affixed to or used in connection with it, a sign 2 bearing the word or words "Pharmacist", "Druggist", 3 "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore", 4 "Medicine Store", "Prescriptions", "Drugs", "Medicines", or 5 any word or words of similar or like import, either in the 6 English language or any other language; or (4) where the 7 characteristic prescription sign (Rx) or similar design is 8 exhibited; or (5) any store, or shop, or other place with 9 respect to which any of the above words, objects, signs or 10 designs are used in any advertisement. 11 (b) "Drugs" means and includes (l) articles recognized 12 in the official United States Pharmacopoeia/National 13 Formulary (USP/NF), or any supplement thereto and being 14 intended for and having for their main use the diagnosis, 15 cure, mitigation, treatment or prevention of disease in man 16 or other animals, as approved by the United States Food and 17 Drug Administration, but does not include devices or their 18 components, parts, or accessories; and (2) all other articles 19 intended for and having for their main use the diagnosis, 20 cure, mitigation, treatment or prevention of disease in man 21 or other animals, as approved by the United States Food and 22 Drug Administration, but does not include devices or their 23 components, parts, or accessories; and (3) articles (other 24 than food) having for their main use and intended to affect 25 the structure or any function of the body of man or other 26 animals; and (4) articles having for their main use and 27 intended for use as a component or any articles specified in 28 clause (l), (2) or (3); but does not include devices or their 29 components, parts or accessories. 30 (c) "Medicines" means and includes all drugs intended 31 for human or veterinary use approved by the United States 32 Food and Drug Administration. 33 (d) "Practice of pharmacy" means the provision of 34 pharmaceutical care to patients as determined by the SB1983 Engrossed -8- LRB093 08954 RCE 09186 b 1 pharmacist's professional judgment in the following areas, 2 which may include but are not limited to (1) patient 3 counseling, (2) interpretation and assisting in the 4 monitoring of appropriate drug use and prospective drug 5 utilization review, (3) providing information on the 6 therapeutic values, reactions, drug interactions, side 7 effects, uses, selection of medications and medical devices, 8 and outcome of drug therapy, (4) participation in drug 9 selection, drug monitoring, drug utilization review, 10 evaluation, administration, interpretation, application of 11 pharmacokinetic and laboratory data to design safe and 12 effective drug regimens, (5) drug research (clinical and 13 scientific), and (6) compounding and dispensing of drugs and 14 medical devices. 15 (e) "Prescription" means and includes any written, oral, 16 facsimile, or electronically transmitted order for drugs or 17 medical devices, issued by a physician licensed to practice 18 medicine in all its branches, dentist, veterinarian, or 19 podiatrist, or therapeutically certified optometrist, within 20 the limits of their licenses, by a physician assistant in 21 accordance with subsection (f) of Section 4, or by an 22 advanced practice nurse in accordance with subsection (g) of 23 Section 4, containing the following: (l) name of the patient; 24 (2) date when prescription was issued; (3) name and strength 25 of drug or description of the medical device prescribed; and 26 (4) quantity, (5) directions for use, (6) prescriber's name, 27 address and signature, and (7) DEA number where required, for 28 controlled substances. DEA numbers shall not be required on 29 inpatient drug orders. 30 (f) "Person" means and includes a natural person, 31 copartnership, association, corporation, government entity, 32 or any other legal entity. 33 (g) "Department" means the Department of Professional 34 Regulation. SB1983 Engrossed -9- LRB093 08954 RCE 09186 b 1 (h) "Board of Pharmacy" or "Board" means the State Board 2 of Pharmacy of the Department of Professional Regulation. 3 (i) "Director" means the Director of Professional 4 Regulation. 5 (j) "Drug product selection" means the interchange for a 6 prescribed pharmaceutical product in accordance with Section 7 25 of this Act and Section 3.14 of the Illinois Food, Drug 8 and Cosmetic Act. 9 (k) "Inpatient drug order" means an order issued by an 10 authorized prescriber for a resident or patient of a facility 11 licensed under the Nursing Home Care Act or the Hospital 12 Licensing Act, or "An Act in relation to the founding and 13 operation of the University of Illinois Hospital and the 14 conduct of University of Illinois health care programs", 15 approved July 3, 1931, as amended, or a facility which is 16 operated by the Department of Human Services (as successor to 17 the Department of Mental Health and Developmental 18 Disabilities) or the Department of Corrections. 19 (k-5) "Pharmacist" means an individual health care 20 professional and provider currently licensed by this State to 21 engage in the practice of pharmacy. 22 (l) "Pharmacist in charge" means the licensed pharmacist 23 whose name appears on a pharmacy license and who is 24 responsible for all aspects of the operation related to the 25 practice of pharmacy. 26 (m) "Dispense" means the delivery of drugs and medical 27 devices, in accordance with applicable State and federal laws 28 and regulations, to the patient or the patient's 29 representative authorized to receive these products, 30 including the compounding, packaging, and labeling necessary 31 for delivery, and any recommending or advising concerning the 32 contents and therapeutic values and uses thereof. "Dispense" 33 does not mean the physical delivery to a patient or a 34 patient's representative in a home or institution by a SB1983 Engrossed -10- LRB093 08954 RCE 09186 b 1 designee of a pharmacist or by common carrier. "Dispense" 2 also does not mean the physical delivery of a drug or medical 3 device to a patient or patient's representative by a 4 pharmacist's designee within a pharmacy or drugstore while 5 the pharmacist is on duty and the pharmacy is open. 6 (n) "Mail-order pharmacy" means a pharmacy that is 7 located in a state of the United States, other than Illinois, 8 that delivers, dispenses or distributes, through the United 9 States Postal Service or other common carrier, to Illinois 10 residents, any substance which requires a prescription. 11 (o) "Compounding" means the preparation, mixing, 12 assembling, packaging, or labeling of a drug or medical 13 device: (1) as the result of a practitioner's prescription 14 drug order or initiative that is dispensed pursuant to a 15 prescription in the course of professional practice; or (2) 16 for the purpose of, or incident to, research, teaching, or 17 chemical analysis; or (3) in anticipation of prescription 18 drug orders based on routine, regularly observed prescribing 19 patterns. 20 (p) "Confidential information" means information, 21 maintained by the pharmacist in the patient's records, 22 released only (i) to the patient or, as the patient directs, 23 to other practitioners and other pharmacists or (ii) to any 24 other person authorized by law to receive the information. 25 (q) "Prospective drug review" or "drug utilization 26 evaluation" means a screening for potential drug therapy 27 problems due to therapeutic duplication, drug-disease 28 contraindications, drug-drug interactions (including serious 29 interactions with nonprescription or over-the-counter drugs), 30 drug-food interactions, incorrect drug dosage or duration of 31 drug treatment, drug-allergy interactions, and clinical abuse 32 or misuse. 33 (r) "Patient counseling" means the communication between 34 a pharmacist or a student pharmacist under the direct SB1983 Engrossed -11- LRB093 08954 RCE 09186 b 1 supervision of a pharmacist and a patient or the patient's 2 representative about the patient's medication or device for 3 the purpose of optimizing proper use of prescription 4 medications or devices. The offer to counsel by the 5 pharmacist or the pharmacist's designee, and subsequent 6 patient counseling by the pharmacist or student pharmacist, 7 shall be made in a face-to-face communication with the 8 patient or patient's representative unless, in the 9 professional judgment of the pharmacist, a face-to-face 10 communication is deemed inappropriate or unnecessary. In 11 that instance, the offer to counsel or patient counseling may 12 be made in a written communication, by telephone, or in a 13 manner determined by the pharmacist to be appropriate. 14 (s) "Patient profiles" or "patient drug therapy record" 15 means the obtaining, recording, and maintenance of patient 16 prescription and personal information. 17 (t) "Pharmaceutical care" includes, but is not limited 18 to, the act of monitoring drug use and other patient care 19 services intended to achieve outcomes that improve the 20 patient's quality of life but shall not include the sale of 21 over-the-counter drugs by a seller of goods and services who 22 does not dispense prescription drugs. 23 (u) "Medical device" means an instrument, apparatus, 24 implement, machine, contrivance, implant, in vitro reagent, 25 or other similar or related article, including any component 26 part or accessory, required under federal law to bear the 27 label "Caution: Federal law requires dispensing by or on the 28 order of a physician". A seller of goods and services who, 29 only for the purpose of retail sales, compounds, sells, 30 rents, or leases medical devices shall not, by reasons 31 thereof, be required to be a licensed pharmacy. 32 (v) "Unique identifier" means an electronic signature, 33 handwritten signature or initials, thumb print, or other 34 acceptable individual biometric or electronic identification SB1983 Engrossed -12- LRB093 08954 RCE 09186 b 1 process as approved by the Department. 2 (Source: P.A. 92-880, eff. 1-1-04.) 3 Section 95. No acceleration or delay. Where this Act 4 makes changes in a statute that is represented in this Act by 5 text that is not yet or no longer in effect (for example, a 6 Section represented by multiple versions), the use of that 7 text does not accelerate or delay the taking effect of (i) 8 the changes made by this Act or (ii) provisions derived from 9 any other Public Act. 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.