Rep. Angelo Saviano
Filed: 3/26/2007
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1 | AMENDMENT TO HOUSE BILL 124
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2 | AMENDMENT NO. ______. Amend House Bill 124 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
5 | changing Section 4.18 and by adding Section 4.28 as follows:
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6 | (5 ILCS 80/4.18)
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7 | Sec. 4.18. Acts repealed January 1, 2008 and December 31, | ||||||
8 | 2008.
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9 | (a) The following Acts
are repealed on January 1, 2008:
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10 | The Acupuncture Practice Act.
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11 | The Clinical Social Work and Social Work Practice Act.
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12 | The Home Medical Equipment and Services Provider | ||||||
13 | License Act.
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14 | The Nursing and Advanced Practice Nursing Act.
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15 | The Illinois Speech-Language Pathology and Audiology | ||||||
16 | Practice Act.
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1 | The Marriage and Family Therapy Licensing Act.
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2 | The Nursing Home Administrators Licensing and | ||||||
3 | Disciplinary Act.
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4 | The Pharmacy Practice Act of 1987.
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5 | The Physician Assistant Practice Act of 1987.
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6 | The Podiatric Medical Practice Act of 1987.
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7 | The Structural Pest Control Act.
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8 | (b) The following Acts are repealed on December 31, 2008: | ||||||
9 | The Medical Practice Act of 1987. | ||||||
10 | The Environmental Health Practitioner Licensing Act.
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11 | (Source: P.A. 94-754, eff. 5-10-06; 94-1075, eff. 12-29-06; | ||||||
12 | 94-1085, eff. 1-19-07; revised 1-22-07.)
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13 | (5 ILCS 80/4.28 new) | ||||||
14 | Sec. 4.28. Act repealed on January 1, 2018. The following | ||||||
15 | Act is repealed on January 1, 2018: | ||||||
16 | The Pharmacy Practice Act. | ||||||
17 | Section 10. The Freedom of Information Act is amended by | ||||||
18 | changing Section 7 as follows: | ||||||
19 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
20 | Sec. 7. Exemptions.
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21 | (1) The following shall be exempt from inspection and | ||||||
22 | copying:
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23 | (a) Information specifically prohibited from |
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1 | disclosure by federal or
State law or rules and regulations | ||||||
2 | adopted under federal or State law.
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3 | (b) Information that, if disclosed, would constitute a | ||||||
4 | clearly
unwarranted invasion of personal privacy, unless | ||||||
5 | the disclosure is
consented to in writing by the individual | ||||||
6 | subjects of the information. The
disclosure of information | ||||||
7 | that bears on the public duties of public
employees and | ||||||
8 | officials shall not be considered an invasion of personal
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9 | privacy. Information exempted under this subsection (b) | ||||||
10 | shall include but
is not limited to:
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11 | (i) files and personal information maintained with | ||||||
12 | respect to
clients, patients, residents, students or | ||||||
13 | other individuals receiving
social, medical, | ||||||
14 | educational, vocational, financial, supervisory or
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15 | custodial care or services directly or indirectly from | ||||||
16 | federal agencies
or public bodies;
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17 | (ii) personnel files and personal information | ||||||
18 | maintained with
respect to employees, appointees or | ||||||
19 | elected officials of any public body or
applicants for | ||||||
20 | those positions;
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21 | (iii) files and personal information maintained | ||||||
22 | with respect to any
applicant, registrant or licensee | ||||||
23 | by any public body cooperating with or
engaged in | ||||||
24 | professional or occupational registration, licensure | ||||||
25 | or discipline;
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26 | (iv) information required of any taxpayer in |
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1 | connection with the
assessment or collection of any tax | ||||||
2 | unless disclosure is otherwise required
by State | ||||||
3 | statute;
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4 | (v) information revealing the identity of persons | ||||||
5 | who file complaints
with or provide information to | ||||||
6 | administrative, investigative, law enforcement
or | ||||||
7 | penal agencies; provided, however, that identification | ||||||
8 | of witnesses to
traffic accidents, traffic accident | ||||||
9 | reports, and rescue reports may be provided
by agencies | ||||||
10 | of local government, except in a case for which a | ||||||
11 | criminal
investigation is ongoing, without | ||||||
12 | constituting a clearly unwarranted per se
invasion of | ||||||
13 | personal privacy under this subsection; and
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14 | (vi) the names, addresses, or other personal | ||||||
15 | information of
participants and registrants in park | ||||||
16 | district, forest preserve district, and
conservation | ||||||
17 | district programs.
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18 | (c) Records compiled by any public body for | ||||||
19 | administrative enforcement
proceedings and any law | ||||||
20 | enforcement or correctional agency for
law enforcement | ||||||
21 | purposes or for internal matters of a public body,
but only | ||||||
22 | to the extent that disclosure would:
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23 | (i) interfere with pending or actually and | ||||||
24 | reasonably contemplated
law enforcement proceedings | ||||||
25 | conducted by any law enforcement or correctional
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26 | agency;
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1 | (ii) interfere with pending administrative | ||||||
2 | enforcement proceedings
conducted by any public body;
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3 | (iii) deprive a person of a fair trial or an | ||||||
4 | impartial hearing;
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5 | (iv) unavoidably disclose the identity of a | ||||||
6 | confidential source or
confidential information | ||||||
7 | furnished only by the confidential source;
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8 | (v) disclose unique or specialized investigative | ||||||
9 | techniques other than
those generally used and known or | ||||||
10 | disclose internal documents of
correctional agencies | ||||||
11 | related to detection, observation or investigation of
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12 | incidents of crime or misconduct;
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13 | (vi) constitute an invasion of personal privacy | ||||||
14 | under subsection (b) of
this Section;
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15 | (vii) endanger the life or physical safety of law | ||||||
16 | enforcement personnel
or any other person; or
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17 | (viii) obstruct an ongoing criminal investigation.
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18 | (d) Criminal history record information maintained by | ||||||
19 | State or local
criminal justice agencies, except the | ||||||
20 | following which shall be open for
public inspection and | ||||||
21 | copying:
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22 | (i) chronologically maintained arrest information, | ||||||
23 | such as traditional
arrest logs or blotters;
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24 | (ii) the name of a person in the custody of a law | ||||||
25 | enforcement agency and
the charges for which that | ||||||
26 | person is being held;
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1 | (iii) court records that are public;
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2 | (iv) records that are otherwise available under | ||||||
3 | State or local law; or
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4 | (v) records in which the requesting party is the | ||||||
5 | individual
identified, except as provided under part | ||||||
6 | (vii) of
paragraph (c) of subsection (1) of this | ||||||
7 | Section.
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8 | "Criminal history record information" means data | ||||||
9 | identifiable to an
individual and consisting of | ||||||
10 | descriptions or notations of arrests,
detentions, | ||||||
11 | indictments, informations, pre-trial proceedings, trials, | ||||||
12 | or
other formal events in the criminal justice system or | ||||||
13 | descriptions or
notations of criminal charges (including | ||||||
14 | criminal violations of local
municipal ordinances) and the | ||||||
15 | nature of any disposition arising therefrom,
including | ||||||
16 | sentencing, court or correctional supervision, | ||||||
17 | rehabilitation and
release. The term does not apply to | ||||||
18 | statistical records and reports in
which individuals are | ||||||
19 | not identified and from which
their identities are not | ||||||
20 | ascertainable, or to information that is for
criminal | ||||||
21 | investigative or intelligence purposes.
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22 | (e) Records that relate to or affect the security of | ||||||
23 | correctional
institutions and detention facilities.
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24 | (f) Preliminary drafts, notes, recommendations, | ||||||
25 | memoranda and other
records in which opinions are | ||||||
26 | expressed, or policies or actions are
formulated, except |
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1 | that a specific record or relevant portion of a
record | ||||||
2 | shall not be exempt when the record is publicly cited
and | ||||||
3 | identified by the head of the public body. The exemption | ||||||
4 | provided in
this paragraph (f) extends to all those records | ||||||
5 | of officers and agencies
of the General Assembly that | ||||||
6 | pertain to the preparation of legislative
documents.
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7 | (g) Trade secrets and commercial or financial | ||||||
8 | information obtained from
a person or business where the | ||||||
9 | trade secrets or information are
proprietary, privileged | ||||||
10 | or confidential, or where disclosure of the trade
secrets | ||||||
11 | or information may cause competitive harm, including: | ||||||
12 | (i) All
information determined to be confidential | ||||||
13 | under Section 4002 of the
Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (ii) All trade secrets and commercial or financial | ||||||
16 | information obtained by a public body, including a | ||||||
17 | public pension fund, from a private equity fund or a | ||||||
18 | privately held company within the investment portfolio | ||||||
19 | of a private equity fund as a result of either | ||||||
20 | investing or evaluating a potential investment of | ||||||
21 | public funds in a private equity fund. The exemption | ||||||
22 | contained in this item does not apply to the aggregate | ||||||
23 | financial performance information of a private equity | ||||||
24 | fund, nor to the identity of the fund's managers or | ||||||
25 | general partners. The exemption contained in this item | ||||||
26 | does not apply to the identity of a privately held |
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1 | company within the investment portfolio of a private | ||||||
2 | equity fund, unless the disclosure of the identity of a | ||||||
3 | privately held company may cause competitive harm.
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4 | Nothing contained in this
paragraph (g) shall be construed | ||||||
5 | to prevent a person or business from
consenting to disclosure.
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6 | (h) Proposals and bids for any contract, grant, or | ||||||
7 | agreement, including
information which if it were | ||||||
8 | disclosed would frustrate procurement or give
an advantage | ||||||
9 | to any person proposing to enter into a contractor | ||||||
10 | agreement
with the body, until an award or final selection | ||||||
11 | is made. Information
prepared by or for the body in | ||||||
12 | preparation of a bid solicitation shall be
exempt until an | ||||||
13 | award or final selection is made.
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14 | (i) Valuable formulae,
computer geographic systems,
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15 | designs, drawings and research data obtained or
produced by | ||||||
16 | any public body when disclosure could reasonably be | ||||||
17 | expected to
produce private gain or public loss.
The | ||||||
18 | exemption for "computer geographic systems" provided in | ||||||
19 | this paragraph
(i) does not extend to requests made by news | ||||||
20 | media as defined in Section 2 of
this Act when the | ||||||
21 | requested information is not otherwise exempt and the only
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22 | purpose of the request is to access and disseminate | ||||||
23 | information regarding the
health, safety, welfare, or | ||||||
24 | legal rights of the general public.
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25 | (j) Test questions, scoring keys and other examination | ||||||
26 | data used to
administer an academic examination or |
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1 | determined the qualifications of an
applicant for a license | ||||||
2 | or employment.
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3 | (k) Architects' plans, engineers' technical | ||||||
4 | submissions, and
other
construction related technical | ||||||
5 | documents for
projects not constructed or developed in | ||||||
6 | whole or in part with public funds
and the same for | ||||||
7 | projects constructed or developed with public funds, but
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8 | only to the extent
that disclosure would compromise | ||||||
9 | security, including but not limited to water
treatment | ||||||
10 | facilities, airport facilities, sport stadiums, convention | ||||||
11 | centers,
and all government owned, operated, or occupied | ||||||
12 | buildings.
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13 | (l) Library circulation and order records identifying | ||||||
14 | library users with
specific materials.
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15 | (m) Minutes of meetings of public bodies closed to the
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16 | public as provided in the Open Meetings Act until the | ||||||
17 | public body
makes the minutes available to the public under | ||||||
18 | Section 2.06 of the Open
Meetings Act.
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19 | (n) Communications between a public body and an | ||||||
20 | attorney or auditor
representing the public body that would | ||||||
21 | not be subject to discovery in
litigation, and materials | ||||||
22 | prepared or compiled by or for a public body in
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23 | anticipation of a criminal, civil or administrative | ||||||
24 | proceeding upon the
request of an attorney advising the | ||||||
25 | public body, and materials prepared or
compiled with | ||||||
26 | respect to internal audits of public bodies.
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1 | (o) Information received by a primary or secondary | ||||||
2 | school, college or
university under its procedures for the | ||||||
3 | evaluation of faculty members by
their academic peers.
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4 | (p) Administrative or technical information associated | ||||||
5 | with automated
data processing operations, including but | ||||||
6 | not limited to software,
operating protocols, computer | ||||||
7 | program abstracts, file layouts, source
listings, object | ||||||
8 | modules, load modules, user guides, documentation
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9 | pertaining to all logical and physical design of | ||||||
10 | computerized systems,
employee manuals, and any other | ||||||
11 | information that, if disclosed, would
jeopardize the | ||||||
12 | security of the system or its data or the security of
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13 | materials exempt under this Section.
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14 | (q) Documents or materials relating to collective | ||||||
15 | negotiating matters
between public bodies and their | ||||||
16 | employees or representatives, except that
any final | ||||||
17 | contract or agreement shall be subject to inspection and | ||||||
18 | copying.
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19 | (r) Drafts, notes, recommendations and memoranda | ||||||
20 | pertaining to the
financing and marketing transactions of | ||||||
21 | the public body. The records of
ownership, registration, | ||||||
22 | transfer, and exchange of municipal debt
obligations, and | ||||||
23 | of persons to whom payment with respect to these | ||||||
24 | obligations
is made.
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25 | (s) The records, documents and information relating to | ||||||
26 | real estate
purchase negotiations until those negotiations |
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1 | have been completed or
otherwise terminated. With regard to | ||||||
2 | a parcel involved in a pending or
actually and reasonably | ||||||
3 | contemplated eminent domain proceeding under the Eminent | ||||||
4 | Domain Act, records, documents and
information relating to | ||||||
5 | that parcel shall be exempt except as may be
allowed under | ||||||
6 | discovery rules adopted by the Illinois Supreme Court. The
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7 | records, documents and information relating to a real | ||||||
8 | estate sale shall be
exempt until a sale is consummated.
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9 | (t) Any and all proprietary information and records | ||||||
10 | related to the
operation of an intergovernmental risk | ||||||
11 | management association or
self-insurance pool or jointly | ||||||
12 | self-administered health and accident
cooperative or pool.
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13 | (u) Information concerning a university's adjudication | ||||||
14 | of student or
employee grievance or disciplinary cases, to | ||||||
15 | the extent that disclosure
would reveal the identity of the | ||||||
16 | student or employee and information
concerning any public | ||||||
17 | body's adjudication of student or employee grievances
or | ||||||
18 | disciplinary cases, except for the final outcome of the | ||||||
19 | cases.
| ||||||
20 | (v) Course materials or research materials used by | ||||||
21 | faculty members.
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22 | (w) Information related solely to the internal | ||||||
23 | personnel rules and
practices of a public body.
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24 | (x) Information contained in or related to | ||||||
25 | examination, operating, or
condition reports prepared by, | ||||||
26 | on behalf of, or for the use of a public
body responsible |
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1 | for the regulation or supervision of financial
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2 | institutions or insurance companies, unless disclosure is | ||||||
3 | otherwise
required by State law.
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4 | (y) Information the disclosure of which is restricted | ||||||
5 | under Section
5-108 of the Public Utilities Act.
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6 | (z) Manuals or instruction to staff that relate to | ||||||
7 | establishment or
collection of liability for any State tax | ||||||
8 | or that relate to investigations
by a public body to | ||||||
9 | determine violation of any criminal law.
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10 | (aa) Applications, related documents, and medical | ||||||
11 | records received by
the Experimental Organ Transplantation | ||||||
12 | Procedures Board and any and all
documents or other records | ||||||
13 | prepared by the Experimental Organ
Transplantation | ||||||
14 | Procedures Board or its staff relating to applications
it | ||||||
15 | has received.
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16 | (bb) Insurance or self insurance (including any | ||||||
17 | intergovernmental risk
management association or self | ||||||
18 | insurance pool) claims, loss or risk
management | ||||||
19 | information, records, data, advice or communications.
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20 | (cc) Information and records held by the Department of | ||||||
21 | Public Health and
its authorized representatives relating | ||||||
22 | to known or suspected cases of
sexually transmissible | ||||||
23 | disease or any information the disclosure of which
is | ||||||
24 | restricted under the Illinois Sexually Transmissible | ||||||
25 | Disease Control Act.
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26 | (dd) Information the disclosure of which is exempted |
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1 | under Section 30
of the Radon Industry Licensing Act.
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2 | (ee) Firm performance evaluations under Section 55 of | ||||||
3 | the
Architectural, Engineering, and Land Surveying | ||||||
4 | Qualifications Based
Selection Act.
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5 | (ff) Security portions of system safety program plans, | ||||||
6 | investigation
reports, surveys, schedules, lists, data, or | ||||||
7 | information compiled, collected,
or prepared by or for the | ||||||
8 | Regional Transportation Authority under Section 2.11
of | ||||||
9 | the Regional Transportation Authority Act or the St. Clair | ||||||
10 | County Transit
District under the
Bi-State Transit Safety | ||||||
11 | Act.
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12 | (gg) Information the disclosure of which is restricted | ||||||
13 | and
exempted under Section 50 of the Illinois Prepaid | ||||||
14 | Tuition Act.
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15 | (hh) Information the disclosure of which is
exempted | ||||||
16 | under the State Officials and Employees Ethics Act.
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17 | (ii) Beginning July 1, 1999, information that would | ||||||
18 | disclose
or might lead to the disclosure of
secret or | ||||||
19 | confidential information, codes, algorithms, programs, or | ||||||
20 | private
keys intended to be used to create electronic or | ||||||
21 | digital signatures under the
Electronic Commerce Security | ||||||
22 | Act.
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23 | (jj) Information contained in a local emergency energy | ||||||
24 | plan submitted to
a municipality in accordance with a local | ||||||
25 | emergency energy plan ordinance that
is adopted under | ||||||
26 | Section 11-21.5-5 of the Illinois Municipal Code.
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1 | (kk) Information and data concerning the distribution | ||||||
2 | of
surcharge moneys collected and remitted by wireless | ||||||
3 | carriers under the Wireless
Emergency Telephone Safety | ||||||
4 | Act.
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5 | (ll) Vulnerability assessments, security measures, and | ||||||
6 | response policies
or plans that are designed to identify, | ||||||
7 | prevent, or respond to potential
attacks upon a community's | ||||||
8 | population or systems, facilities, or installations,
the | ||||||
9 | destruction or contamination of which would constitute a | ||||||
10 | clear and present
danger to the health or safety of the | ||||||
11 | community, but only to the extent that
disclosure could | ||||||
12 | reasonably be expected to jeopardize the effectiveness of | ||||||
13 | the
measures or the safety of the personnel who implement | ||||||
14 | them or the public.
Information exempt under this item may | ||||||
15 | include such things as details
pertaining to the | ||||||
16 | mobilization or deployment of personnel or equipment, to | ||||||
17 | the
operation of communication systems or protocols, or to | ||||||
18 | tactical operations.
| ||||||
19 | (mm) Maps and other records regarding the location or | ||||||
20 | security of a
utility's generation, transmission, | ||||||
21 | distribution, storage, gathering,
treatment, or switching | ||||||
22 | facilities.
| ||||||
23 | (nn) Law enforcement officer identification | ||||||
24 | information or
driver
identification
information compiled | ||||||
25 | by a law enforcement agency or the Department of
| ||||||
26 | Transportation
under Section 11-212 of the Illinois |
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| |||||||
1 | Vehicle Code.
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2 | (oo) Records and information provided to a residential
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3 | health care
facility resident sexual assault
and death | ||||||
4 | review team or the Executive Council under the Abuse | ||||||
5 | Prevention Review Team Act.
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6 | (pp) Information provided to the predatory lending | ||||||
7 | database created pursuant to Article 3 of the Residential | ||||||
8 | Real Property Disclosure Act, except to the extent | ||||||
9 | authorized under that Article.
| ||||||
10 | (qq) Defense budgets and petitions for certification | ||||||
11 | of compensation and expenses for court appointed trial | ||||||
12 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
13 | Crimes Litigation Act. This subsection (qq) shall apply | ||||||
14 | until the conclusion of the trial of the case, even if the | ||||||
15 | prosecution chooses not to pursue the death penalty prior | ||||||
16 | to trial or sentencing.
| ||||||
17 | (rr) Records, documents, and communications related to | ||||||
18 | any activity performed by a pharmacy quality improvement | ||||||
19 | peer review committee governed under Section 34.5 of the | ||||||
20 | Pharmacy Practice Act.
| ||||||
21 | (2) This Section does not authorize withholding of | ||||||
22 | information or limit the
availability of records to the public, | ||||||
23 | except as stated in this Section or
otherwise provided in this | ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 93-43, eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, | ||||||
26 | eff. 7-22-03; 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; |
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1 | 93-577, eff. 8-21-03; 93-617, eff. 12-9-03; 94-280, eff. | ||||||
2 | 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. | ||||||
3 | 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; revised | ||||||
4 | 8-3-06.)
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5 | Section 15. The Illinois Act on the Aging is amended by | ||||||
6 | changing Section 4.01 as follows:
| ||||||
7 | (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
| ||||||
8 | Sec. 4.01. Additional powers and duties of the Department. | ||||||
9 | In addition
to powers and duties otherwise provided by law, the | ||||||
10 | Department shall have the
following powers and duties:
| ||||||
11 | (1) To evaluate all programs, services, and facilities for | ||||||
12 | the aged
and for minority senior citizens within the State and | ||||||
13 | determine the extent
to which present public or private | ||||||
14 | programs, services and facilities meet the
needs of the aged.
| ||||||
15 | (2) To coordinate and evaluate all programs, services, and | ||||||
16 | facilities
for the Aging and for minority senior citizens | ||||||
17 | presently furnished by State
agencies and make appropriate | ||||||
18 | recommendations regarding such services, programs
and | ||||||
19 | facilities to the Governor and/or the General Assembly.
| ||||||
20 | (3) To function as the sole State agency to develop a | ||||||
21 | comprehensive
plan to meet the needs of the State's senior | ||||||
22 | citizens and the State's
minority senior citizens.
| ||||||
23 | (4) To receive and disburse State and federal funds made | ||||||
24 | available
directly to the Department including those funds made |
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| |||||||
1 | available under the
Older Americans Act and the Senior | ||||||
2 | Community Service Employment Program for
providing services | ||||||
3 | for senior citizens and minority senior citizens or for
| ||||||
4 | purposes related thereto, and shall develop and administer any | ||||||
5 | State Plan
for the Aging required by federal law.
| ||||||
6 | (5) To solicit, accept, hold, and administer in behalf of | ||||||
7 | the State
any grants or legacies of money, securities, or | ||||||
8 | property to the State of
Illinois for services to senior | ||||||
9 | citizens and minority senior citizens or
purposes related | ||||||
10 | thereto.
| ||||||
11 | (6) To provide consultation and assistance to communities, | ||||||
12 | area agencies
on aging, and groups developing local services | ||||||
13 | for senior citizens and
minority senior citizens.
| ||||||
14 | (7) To promote community education regarding the problems | ||||||
15 | of senior
citizens and minority senior citizens through | ||||||
16 | institutes, publications,
radio, television and the local | ||||||
17 | press.
| ||||||
18 | (8) To cooperate with agencies of the federal government in | ||||||
19 | studies
and conferences designed to examine the needs of senior | ||||||
20 | citizens and minority
senior citizens and to prepare programs | ||||||
21 | and facilities to meet those needs.
| ||||||
22 | (9) To establish and maintain information and referral | ||||||
23 | sources
throughout the State when not provided by other | ||||||
24 | agencies.
| ||||||
25 | (10) To provide the staff support as may reasonably be | ||||||
26 | required
by the Council and the Coordinating Committee of State |
| |||||||
| |||||||
1 | Agencies Serving Older
Persons.
| ||||||
2 | (11) To make and enforce rules and regulations necessary | ||||||
3 | and proper
to the performance of its duties.
| ||||||
4 | (12) To establish and fund programs or projects or | ||||||
5 | experimental facilities
that are specially designed as | ||||||
6 | alternatives to institutional care.
| ||||||
7 | (13) To develop a training program to train the counselors | ||||||
8 | presently
employed by the Department's aging network to provide | ||||||
9 | Medicare
beneficiaries with counseling and advocacy in | ||||||
10 | Medicare, private health
insurance, and related health care | ||||||
11 | coverage plans. The Department shall
report to the General | ||||||
12 | Assembly on the implementation of the training
program on or | ||||||
13 | before December 1, 1986.
| ||||||
14 | (14) To make a grant to an institution of higher learning | ||||||
15 | to study the
feasibility of establishing and implementing an | ||||||
16 | affirmative action
employment plan for the recruitment, | ||||||
17 | hiring, training and retraining of
persons 60 or more years old | ||||||
18 | for jobs for which their employment would not
be precluded by | ||||||
19 | law.
| ||||||
20 | (15) To present one award annually in each of the | ||||||
21 | categories of community
service, education, the performance | ||||||
22 | and graphic arts, and the labor force
to outstanding Illinois | ||||||
23 | senior citizens and minority senior citizens in
recognition of | ||||||
24 | their individual contributions to either community service,
| ||||||
25 | education, the performance and graphic arts, or the labor | ||||||
26 | force. The awards
shall be presented to four senior citizens |
| |||||||
| |||||||
1 | and minority senior citizens
selected from a list of 44 | ||||||
2 | nominees compiled annually by
the Department. Nominations | ||||||
3 | shall be solicited from senior citizens'
service providers, | ||||||
4 | area agencies on aging, senior citizens'
centers, and senior | ||||||
5 | citizens' organizations. The Department shall consult
with the | ||||||
6 | Coordinating Committee of State Agencies Serving Older Persons | ||||||
7 | to
determine which of the nominees shall be the recipient in | ||||||
8 | each category of
community service. The Department shall | ||||||
9 | establish a central location within
the State to be designated | ||||||
10 | as the Senior Illinoisans Hall of Fame for the
public display | ||||||
11 | of all the annual awards, or replicas thereof.
| ||||||
12 | (16) To establish multipurpose senior centers through area | ||||||
13 | agencies on
aging and to fund those new and existing | ||||||
14 | multipurpose senior centers
through area agencies on aging, the | ||||||
15 | establishment and funding to begin in
such areas of the State | ||||||
16 | as the Department shall designate by rule and as
specifically | ||||||
17 | appropriated funds become available.
| ||||||
18 | (17) To develop the content and format of the | ||||||
19 | acknowledgment regarding
non-recourse reverse mortgage loans | ||||||
20 | under Section 6.1 of the Illinois
Banking Act; to provide | ||||||
21 | independent consumer information on reverse
mortgages and | ||||||
22 | alternatives; and to refer consumers to independent
counseling | ||||||
23 | services with expertise in reverse mortgages.
| ||||||
24 | (18) To develop a pamphlet in English and Spanish which may | ||||||
25 | be used by
physicians licensed to practice medicine in all of | ||||||
26 | its branches pursuant
to the Medical Practice Act of 1987, |
| |||||||
| |||||||
1 | pharmacists licensed pursuant to the
Pharmacy Practice Act of | ||||||
2 | 1987 , and Illinois residents 65 years of age or
older for the | ||||||
3 | purpose of assisting physicians, pharmacists, and patients in
| ||||||
4 | monitoring prescriptions provided by various physicians and to | ||||||
5 | aid persons
65 years of age or older in complying with | ||||||
6 | directions for proper use of
pharmaceutical prescriptions. The | ||||||
7 | pamphlet may provide space for recording
information including | ||||||
8 | but not limited to the following:
| ||||||
9 | (a) name and telephone number of the patient;
| ||||||
10 | (b) name and telephone number of the prescribing | ||||||
11 | physician;
| ||||||
12 | (c) date of prescription;
| ||||||
13 | (d) name of drug prescribed;
| ||||||
14 | (e) directions for patient compliance; and
| ||||||
15 | (f) name and telephone number of dispensing pharmacy.
| ||||||
16 | In developing the pamphlet, the Department shall consult | ||||||
17 | with the
Illinois State Medical Society, the Center for | ||||||
18 | Minority Health Services,
the Illinois Pharmacists Association | ||||||
19 | and
senior citizens organizations. The Department shall | ||||||
20 | distribute the
pamphlets to physicians, pharmacists and | ||||||
21 | persons 65 years of age or older
or various senior citizen | ||||||
22 | organizations throughout the State.
| ||||||
23 | (19) To conduct a study by April 1, 1994 of the feasibility | ||||||
24 | of
implementing the Senior Companion Program throughout the | ||||||
25 | State for the fiscal
year beginning July 1, 1994.
| ||||||
26 | (20) With respect to contracts in effect on July 1, 1994, |
| |||||||
| |||||||
1 | the Department
shall increase the grant amounts so that the | ||||||
2 | reimbursement rates paid through
the community care program for | ||||||
3 | chore housekeeping services and homemakers are
at the same | ||||||
4 | rate, which shall be the higher of the 2 rates currently paid.
| ||||||
5 | With respect to all contracts entered into, renewed, or | ||||||
6 | extended on or after
July 1, 1994, the reimbursement rates paid | ||||||
7 | through the community care program
for chore housekeeping | ||||||
8 | services and homemakers shall be the same.
| ||||||
9 | (21) From funds appropriated to the Department from the | ||||||
10 | Meals on Wheels
Fund, a special fund in the State treasury that | ||||||
11 | is hereby created, and in
accordance with State and federal | ||||||
12 | guidelines and the intrastate funding
formula, to make grants | ||||||
13 | to area agencies on aging, designated by the
Department, for | ||||||
14 | the sole purpose of delivering meals to homebound persons 60
| ||||||
15 | years of age and older.
| ||||||
16 | (22) To distribute, through its area agencies on aging, | ||||||
17 | information
alerting seniors on safety issues regarding | ||||||
18 | emergency weather
conditions, including extreme heat and cold, | ||||||
19 | flooding, tornadoes, electrical
storms, and other severe storm | ||||||
20 | weather. The information shall include all
necessary | ||||||
21 | instructions for safety and all emergency telephone numbers of
| ||||||
22 | organizations that will provide additional information and | ||||||
23 | assistance.
| ||||||
24 | (23) To develop guidelines for the organization and | ||||||
25 | implementation of
Volunteer Services Credit Programs to be | ||||||
26 | administered by Area Agencies on
Aging or community based |
| |||||||
| |||||||
1 | senior service organizations. The Department shall
hold public | ||||||
2 | hearings on the proposed guidelines for public comment, | ||||||
3 | suggestion,
and determination of public interest. The | ||||||
4 | guidelines shall be based on the
findings of other states and | ||||||
5 | of community organizations in Illinois that are
currently | ||||||
6 | operating volunteer services credit programs or demonstration
| ||||||
7 | volunteer services credit programs. The Department shall offer | ||||||
8 | guidelines for
all aspects of the programs including, but not | ||||||
9 | limited to, the following:
| ||||||
10 | (a) types of services to be offered by volunteers;
| ||||||
11 | (b) types of services to be received upon the | ||||||
12 | redemption of service
credits;
| ||||||
13 | (c) issues of liability for the volunteers and the | ||||||
14 | administering
organizations;
| ||||||
15 | (d) methods of tracking service credits earned and | ||||||
16 | service credits
redeemed;
| ||||||
17 | (e) issues of time limits for redemption of service | ||||||
18 | credits;
| ||||||
19 | (f) methods of recruitment of volunteers;
| ||||||
20 | (g) utilization of community volunteers, community | ||||||
21 | service groups, and
other resources for delivering | ||||||
22 | services to be received by service credit
program clients;
| ||||||
23 | (h) accountability and assurance that services will be | ||||||
24 | available to
individuals who have earned service credits; | ||||||
25 | and
| ||||||
26 | (i) volunteer screening and qualifications.
|
| |||||||
| |||||||
1 | The Department shall submit a written copy of the guidelines to | ||||||
2 | the General
Assembly by July 1, 1998.
| ||||||
3 | (Source: P.A. 92-651, eff. 7-11-02.)
| ||||||
4 | Section 20. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing Section | ||||||
6 | 56 as follows:
| ||||||
7 | (20 ILCS 1705/56) (from Ch. 91 1/2, par. 100-56)
| ||||||
8 | Sec. 56. The Secretary, upon making a determination based
| ||||||
9 | upon information in the possession of the Department, that
| ||||||
10 | continuation in practice of a licensed health care professional | ||||||
11 | would
constitute an immediate danger to the public, shall | ||||||
12 | submit a written
communication to the Director of Professional | ||||||
13 | Regulation indicating such
determination and additionally | ||||||
14 | providing a complete summary of the
information upon which such | ||||||
15 | determination is based, and recommending that
the Director of | ||||||
16 | Professional Regulation immediately suspend such person's
| ||||||
17 | license. All relevant evidence, or copies thereof, in the | ||||||
18 | Department's
possession may also be submitted in conjunction | ||||||
19 | with the written
communication. A copy of such written | ||||||
20 | communication, which is exempt from
the copying and inspection | ||||||
21 | provisions of the Freedom of Information Act,
shall at the time | ||||||
22 | of submittal to the Director of Professional Regulation
be | ||||||
23 | simultaneously mailed to the last known business address of | ||||||
24 | such
licensed health care professional by certified or |
| |||||||
| |||||||
1 | registered postage,
United States Mail, return receipt | ||||||
2 | requested. Any evidence, or copies
thereof, which is submitted | ||||||
3 | in conjunction with the written communication
is also exempt | ||||||
4 | from the copying and inspection provisions of the Freedom of
| ||||||
5 | Information Act.
| ||||||
6 | For the purposes of this Section, "licensed health care | ||||||
7 | professional"
means any person licensed under the Illinois | ||||||
8 | Dental Practice Act, the Nursing
and Advanced Practice Nursing | ||||||
9 | Act, the Medical Practice Act of 1987, the
Pharmacy Practice | ||||||
10 | Act of 1987 , the Podiatric Medical Practice Act of
1987, and | ||||||
11 | the Illinois Optometric Practice Act of 1987.
| ||||||
12 | (Source: P.A. 89-507, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||||||
13 | Section 25. The Department of Professional Regulation Law | ||||||
14 | of the
Civil Administrative Code of Illinois is amended by | ||||||
15 | changing Section 2105-400 as follows: | ||||||
16 | (20 ILCS 2105/2105-400)
| ||||||
17 | Sec. 2105-400. Emergency Powers. | ||||||
18 | (a) Upon proclamation of a disaster by the Governor, as | ||||||
19 | provided for in the Illinois Emergency Management Agency Act, | ||||||
20 | the Secretary of Financial and Professional Regulation shall | ||||||
21 | have the following powers, which shall be exercised only in | ||||||
22 | coordination with the Illinois Emergency Management Agency and | ||||||
23 | the Department of Public Health:
| ||||||
24 | (1) The power to suspend the requirements for permanent |
| |||||||
| |||||||
1 | or temporary licensure of persons who are licensed in | ||||||
2 | another state and are working under the direction of the | ||||||
3 | Illinois Emergency Management Agency and the Department of | ||||||
4 | Public Health pursuant to a declared disaster. | ||||||
5 | (2) The power to modify the scope of practice | ||||||
6 | restrictions under any licensing act administered by the | ||||||
7 | Department for any person working under the direction of | ||||||
8 | the Illinois Emergency Management Agency and the Illinois | ||||||
9 | Department of Public Health pursuant to the declared | ||||||
10 | disaster. | ||||||
11 | (3) The power to expand the exemption in Section 4(a) | ||||||
12 | of the Pharmacy Practice Act of 1987 to those licensed | ||||||
13 | professionals whose scope of practice has been modified, | ||||||
14 | under paragraph (2) of subsection (a) of this Section, to | ||||||
15 | include any element of the practice of pharmacy as defined | ||||||
16 | in the Pharmacy Practice Act of 1987 for any person working | ||||||
17 | under the direction of the Illinois Emergency Management | ||||||
18 | Agency and the Illinois Department of Public Health | ||||||
19 | pursuant to the declared disaster. | ||||||
20 | (b) Persons exempt from licensure under paragraph (1) of | ||||||
21 | subsection (a) of this Section and persons operating under | ||||||
22 | modified scope of practice provisions under paragraph (2) of | ||||||
23 | subsection (a) of this Section shall be exempt from licensure | ||||||
24 | or be subject to modified scope of practice only until the | ||||||
25 | declared disaster has ended as provided by law. For purposes of | ||||||
26 | this Section, persons working under the direction of an |
| |||||||
| |||||||
1 | emergency services and disaster agency accredited by the | ||||||
2 | Illinois Emergency Management Agency and a local public health | ||||||
3 | department, pursuant to a declared disaster, shall be deemed to | ||||||
4 | be working under the direction of the Illinois Emergency | ||||||
5 | Management Agency and the Department of Public Health.
| ||||||
6 | (c) The Director shall exercise these powers by way of | ||||||
7 | proclamation.
| ||||||
8 | (Source: P.A. 93-829, eff. 7-28-04; 94-733, eff. 4-27-06.) | ||||||
9 | Section 30. The Department of Public Health Powers and | ||||||
10 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
11 | amended by changing Section 2310-140 as follows:
| ||||||
12 | (20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a)
| ||||||
13 | Sec. 2310-140. Recommending suspension of licensed health | ||||||
14 | care
professional. The Director, upon making a
determination | ||||||
15 | based upon information in the possession of the Department
that | ||||||
16 | continuation in practice of a licensed health care professional | ||||||
17 | would
constitute an immediate danger to the public, shall | ||||||
18 | submit a written
communication to the Director of
Professional | ||||||
19 | Regulation indicating that determination and
additionally
(i) | ||||||
20 | providing a complete summary of the information upon which the
| ||||||
21 | determination is based and (ii) recommending that the Director | ||||||
22 | of
Professional
Regulation immediately suspend the person's | ||||||
23 | license. All relevant
evidence, or copies thereof, in the | ||||||
24 | Department's possession may also be
submitted in conjunction |
| |||||||
| |||||||
1 | with the written communication. A copy of the
written | ||||||
2 | communication, which is exempt from the copying and inspection
| ||||||
3 | provisions of the Freedom of Information Act, shall at the time | ||||||
4 | of
submittal to the Director of
Professional Regulation be | ||||||
5 | simultaneously mailed to the last known
business address of the | ||||||
6 | licensed health care professional by
certified or
registered | ||||||
7 | postage, United States Mail, return receipt requested. Any
| ||||||
8 | evidence, or copies thereof, that is submitted in conjunction
| ||||||
9 | with the
written communication is also exempt from the copying | ||||||
10 | and
inspection
provisions of the Freedom of Information Act.
| ||||||
11 | For the purposes of this Section, "licensed health care | ||||||
12 | professional"
means any person licensed under the Illinois | ||||||
13 | Dental Practice Act, the Nursing
and Advanced Practice Nursing | ||||||
14 | Act, the Medical Practice Act of 1987, the
Pharmacy Practice | ||||||
15 | Act of 1987 , the Podiatric Medical Practice Act of
1987, or the | ||||||
16 | Illinois Optometric Practice Act of 1987.
| ||||||
17 | (Source: P.A. 90-742, eff. 8-13-98; 91-239, eff. 1-1-00.)".
| ||||||
18 | Section 35. The Illinois Municipal Code is amended by | ||||||
19 | changing Section 11-22-1 as follows:
| ||||||
20 | (65 ILCS 5/11-22-1) (from Ch. 24, par. 11-22-1)
| ||||||
21 | Sec. 11-22-1. The corporate authorities of each | ||||||
22 | municipality may erect,
establish, and maintain hospitals, | ||||||
23 | nursing homes and
medical dispensaries, all on a nonprofit | ||||||
24 | basis, and
may locate and regulate hospitals, medical |
| |||||||
| |||||||
1 | dispensaries, sanitariums, and
undertaking establishments; | ||||||
2 | provided that the corporate authorities of any
municipality | ||||||
3 | shall not regulate any pharmacy or drugstore registered under
| ||||||
4 | the Pharmacy Practice Act of 1987 . Any hospital maintained | ||||||
5 | under this
Section is authorized to provide any service and | ||||||
6 | enter into any contract or
other arrangement not prohibited by | ||||||
7 | a hospital licensed under the Hospital
Licensing Act, | ||||||
8 | incorporated under the General Not-For-Profit Corporation
Act, | ||||||
9 | and exempt from taxation under paragraph (3) of subsection (c) | ||||||
10 | of
Section 501 of the Internal Revenue Code.
| ||||||
11 | For purposes of erecting, establishing and maintaining a | ||||||
12 | nursing home
on a nonprofit basis pursuant to this Section, the | ||||||
13 | corporate authorities of
each municipality shall have the power | ||||||
14 | to borrow money; execute a
promissory note or notes, execute a | ||||||
15 | mortgage or trust deed to secure
payment of such notes or | ||||||
16 | deeds, or execute such other security instrument
or document as | ||||||
17 | needed, and pledge real and personal nursing home property
as | ||||||
18 | security for any such promissory note, mortgage or trust deed; | ||||||
19 | and issue
revenue or general obligation bonds.
| ||||||
20 | (Source: P.A. 86-739.)
| ||||||
21 | Section 40. The School Employee Benefit Act is amended by | ||||||
22 | changing Section 25 as follows: | ||||||
23 | (105 ILCS 55/25)
| ||||||
24 | Sec. 25. Pharmacy providers. |
| |||||||
| |||||||
1 | (a) The Department or its contractor may enter into a | ||||||
2 | contract with a pharmacy registered or licensed under Section | ||||||
3 | 16a of the Pharmacy Practice Act of 1987 . | ||||||
4 | (b) Before entering into an agreement with other pharmacy | ||||||
5 | providers, pursuant to Sections 15 and 20 of this Act, the | ||||||
6 | Department or its contractor must by rule or contract establish | ||||||
7 | terms or conditions that must be met by pharmacy providers | ||||||
8 | desiring to contract with the Department or its contractor. If | ||||||
9 | a pharmacy licensed under Section 15 of the Pharmacy Practice | ||||||
10 | Act of 1987 rejects the terms and conditions established, the | ||||||
11 | Department or its contractor may offer other terms and | ||||||
12 | conditions necessary to comply with the network adequacy | ||||||
13 | requirements. | ||||||
14 | (c) Notwithstanding the provisions of subsection (a) of | ||||||
15 | this Section, the Department or its contractor may not refuse | ||||||
16 | to contract with a pharmacy licensed under Section 15 of the | ||||||
17 | Pharmacy Practice Act of 1987 that meets the terms and | ||||||
18 | conditions established by the Department or its contractor | ||||||
19 | under subsection (a) or (b) of this Section.
| ||||||
20 | (Source: P.A. 93-1036, eff. 9-14-04.)
| ||||||
21 | Section 45. The Illinois Insurance Code is amended by | ||||||
22 | changing Section 512-7 as follows:
| ||||||
23 | (215 ILCS 5/512-7) (from Ch. 73, par. 1065.59-7)
| ||||||
24 | Sec. 512-7. Contractual provisions.
|
| |||||||
| |||||||
1 | (a) Any agreement or contract entered into in this State | ||||||
2 | between the
administrator of a program and a pharmacy shall | ||||||
3 | include a statement of the
method and amount of reimbursement | ||||||
4 | to the pharmacy for services rendered to
persons enrolled in | ||||||
5 | the program, the frequency of payment by the program
| ||||||
6 | administrator to the pharmacy for those services, and a method | ||||||
7 | for the
adjudication of complaints and the settlement of | ||||||
8 | disputes between the
contracting parties.
| ||||||
9 | (b)(1) A program shall provide an annual period of at least | ||||||
10 | 30 days
during which any pharmacy licensed under the | ||||||
11 | Pharmacy Practice Act of 1987
may elect to participate in | ||||||
12 | the program under the program terms for at
least one year.
| ||||||
13 | (2) If compliance with the requirements of this | ||||||
14 | subsection (b) would
impair any provision of a contract | ||||||
15 | between a program and any other person,
and if the contract | ||||||
16 | provision was in existence before January 1, 1990,
then | ||||||
17 | immediately after the expiration of those contract | ||||||
18 | provisions the
program shall comply with the requirements | ||||||
19 | of this subsection (b).
| ||||||
20 | (3) This subsection (b) does not apply if:
| ||||||
21 | (A) the program administrator is a licensed health | ||||||
22 | maintenance
organization that owns or controls a | ||||||
23 | pharmacy and that enters into an
agreement or contract | ||||||
24 | with that pharmacy in accordance with subsection (a); | ||||||
25 | or
| ||||||
26 | (B) the program administrator is a licensed health |
| |||||||
| |||||||
1 | maintenance
organization that is owned or controlled | ||||||
2 | by another entity that also owns
or controls a | ||||||
3 | pharmacy, and the administrator enters into an | ||||||
4 | agreement or
contract with that pharmacy in accordance | ||||||
5 | with subsection (a).
| ||||||
6 | (4) This subsection (b) shall be inoperative after | ||||||
7 | October 31,
1992.
| ||||||
8 | (c) The program administrator shall cause to be issued an | ||||||
9 | identification
card to each person enrolled in the program. The | ||||||
10 | identification card
shall include:
| ||||||
11 | (1) the name of the individual enrolled in the program; | ||||||
12 | and
| ||||||
13 | (2) an expiration date if required under the | ||||||
14 | contractual arrangement or
agreement between a provider of | ||||||
15 | pharmaceutical services and prescription
drug products and | ||||||
16 | the third party prescription program administrator.
| ||||||
17 | (Source: P.A. 86-473; 87-254.)
| ||||||
18 | Section 50. The Health Maintenance Organization Act is | ||||||
19 | amended by changing Section 2-3.1 as follows:
| ||||||
20 | (215 ILCS 125/2-3.1) (from Ch. 111 1/2, par. 1405.1)
| ||||||
21 | Sec. 2-3.1. (a) No health maintenance organization shall | ||||||
22 | cause to be
dispensed any drug other than that prescribed by a | ||||||
23 | physician. Nothing
herein shall prohibit drug product | ||||||
24 | selection under Section 3.14 of the
"Illinois Food, Drug
and |
| |||||||
| |||||||
1 | Cosmetic Act", approved June 29, 1967, as amended, and in | ||||||
2 | accordance
with the requirements of Section 25 of the "Pharmacy | ||||||
3 | Practice Act of 1987 ",
approved September 24, 1987, as amended.
| ||||||
4 | (b) No health maintenance organization shall include in any | ||||||
5 | contract
with any physician providing for health care services | ||||||
6 | any provision
requiring such physician to prescribe any | ||||||
7 | particular drug product to any
enrollee unless the enrollee is | ||||||
8 | a hospital in-patient where such drug product
may be permitted | ||||||
9 | pursuant
to written guidelines or procedures previously | ||||||
10 | established by a
pharmaceutical or therapeutics committee of a | ||||||
11 | hospital, approved by the
medical staff of such hospital and | ||||||
12 | specifically approved, in writing, by
the prescribing | ||||||
13 | physician for his or her patients in such hospital, and
unless | ||||||
14 | it is compounded, dispensed or sold by a
pharmacy located in a | ||||||
15 | hospital, as defined in Section 3 of the Hospital
Licensing Act | ||||||
16 | or a hospital organized under "An Act in relation to the
| ||||||
17 | founding and operation of the University of Illinois Hospital | ||||||
18 | and the
conduct of University of Illinois health care | ||||||
19 | programs", approved July 3,
1931, as amended.
| ||||||
20 | (Source: P.A. 85-1246.)
| ||||||
21 | Section 55. The Illinois Dental Practice Act is amended by | ||||||
22 | changing Section 51 as follows:
| ||||||
23 | (225 ILCS 25/51) (from Ch. 111, par. 2351)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2016)
|
| |||||||
| |||||||
1 | Sec. 51. Dispensing Drugs or Medicine. Any dentist who | ||||||
2 | dispenses any drug
or medicine shall dispense such drug or | ||||||
3 | medicine in good faith and shall
affix to the box, bottle, | ||||||
4 | vessel or package containing the same a label
indicating:
| ||||||
5 | (a) the date on which such drug or medicine is dispensed;
| ||||||
6 | (b) the name of the patient;
| ||||||
7 | (c) the last name of the person dispensing such drug or | ||||||
8 | medicine;
| ||||||
9 | (d) the directions for use thereof; and
| ||||||
10 | (e) the proprietary name or names or the established
name | ||||||
11 | or names of the drug or medicine, the dosage and quantity, | ||||||
12 | except as
otherwise authorized by regulation of the Department.
| ||||||
13 | This Section shall not apply to drugs and medicines in a | ||||||
14 | package
which bears a label of the manufacturer containing | ||||||
15 | information describing
its contents which is in compliance with | ||||||
16 | requirements of the Federal Food,
Drug, and Cosmetic Act and | ||||||
17 | the Illinois Food, Drug, and Cosmetic Act and
which is | ||||||
18 | dispensed without consideration by a dentist.
"Drug" and | ||||||
19 | "medicine" have the meanings ascribed to them in the Pharmacy
| ||||||
20 | Practice Act of 1987 , as now or hereafter amended;
"good faith" | ||||||
21 | has the meaning ascribed to it in subsection (v) of Section
102 | ||||||
22 | of the "Illinois Controlled Substances Act", as amended.
| ||||||
23 | (Source: P.A. 85-1209 .)
| ||||||
24 | Section 60. The Health Care Worker Self-Referral Act is | ||||||
25 | amended by changing Section 15 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 47/15)
| ||||||
2 | Sec. 15. Definitions. In this Act:
| ||||||
3 | (a) "Board" means the Health Facilities Planning Board.
| ||||||
4 | (b) "Entity" means any individual, partnership, firm, | ||||||
5 | corporation, or
other business that provides health services | ||||||
6 | but does not include an
individual who is a health care worker | ||||||
7 | who provides professional services
to an individual.
| ||||||
8 | (c) "Group practice" means a group of 2 or more health care | ||||||
9 | workers
legally organized as a partnership, professional | ||||||
10 | corporation,
not-for-profit corporation, faculty
practice plan | ||||||
11 | or a similar association in which:
| ||||||
12 | (1) each health care worker who is a member or employee | ||||||
13 | or an
independent contractor of the group provides
| ||||||
14 | substantially the full range of services that the health | ||||||
15 | care worker
routinely provides, including consultation, | ||||||
16 | diagnosis, or treatment,
through the use of office space, | ||||||
17 | facilities, equipment, or personnel of the
group;
| ||||||
18 | (2) the services of the health care workers
are | ||||||
19 | provided through the group, and payments received for | ||||||
20 | health
services are treated as receipts of the group; and
| ||||||
21 | (3) the overhead expenses and the income from the | ||||||
22 | practice are
distributed by methods previously determined | ||||||
23 | by the group.
| ||||||
24 | (d) "Health care worker" means any individual licensed | ||||||
25 | under the laws of
this State to provide health services, |
| |||||||
| |||||||
1 | including but not limited to:
dentists licensed under the | ||||||
2 | Illinois Dental Practice Act; dental hygienists
licensed under | ||||||
3 | the Illinois Dental Practice Act; nurses and advanced practice
| ||||||
4 | nurses licensed under the Nursing and Advanced Practice Nursing | ||||||
5 | Act;
occupational therapists licensed under
the
Illinois | ||||||
6 | Occupational Therapy Practice Act; optometrists licensed under | ||||||
7 | the
Illinois Optometric Practice Act of 1987; pharmacists | ||||||
8 | licensed under the
Pharmacy Practice Act of 1987 ; physical | ||||||
9 | therapists licensed under the
Illinois Physical Therapy Act; | ||||||
10 | physicians licensed under the Medical
Practice Act of 1987; | ||||||
11 | physician assistants licensed under the Physician
Assistant | ||||||
12 | Practice Act of 1987; podiatrists licensed under the Podiatric
| ||||||
13 | Medical Practice Act of 1987; clinical psychologists licensed | ||||||
14 | under the
Clinical Psychologist Licensing Act; clinical social | ||||||
15 | workers licensed under
the Clinical Social Work and Social Work | ||||||
16 | Practice Act; speech-language
pathologists and audiologists | ||||||
17 | licensed under the Illinois Speech-Language
Pathology and | ||||||
18 | Audiology Practice Act; or hearing instrument
dispensers | ||||||
19 | licensed
under the Hearing Instrument Consumer Protection Act, | ||||||
20 | or any of
their successor Acts.
| ||||||
21 | (e) "Health services" means health care procedures and | ||||||
22 | services
provided by or through a health care worker.
| ||||||
23 | (f) "Immediate family member" means a health care worker's | ||||||
24 | spouse,
child, child's spouse, or a parent.
| ||||||
25 | (g) "Investment interest" means an equity or debt security | ||||||
26 | issued by an
entity, including, without limitation, shares of |
| |||||||
| |||||||
1 | stock in a corporation,
units or other interests in a | ||||||
2 | partnership, bonds, debentures, notes, or
other equity | ||||||
3 | interests or debt instruments except that investment interest
| ||||||
4 | for purposes of Section 20 does not include interest in a | ||||||
5 | hospital licensed
under the laws of the State of Illinois.
| ||||||
6 | (h) "Investor" means an individual or entity directly or | ||||||
7 | indirectly
owning a legal or beneficial ownership or investment | ||||||
8 | interest, (such as
through an immediate family member, trust, | ||||||
9 | or another entity related to the investor).
| ||||||
10 | (i) "Office practice" includes the facility or facilities | ||||||
11 | at which a health
care worker, on an ongoing basis, provides or | ||||||
12 | supervises the provision of
professional health services to | ||||||
13 | individuals.
| ||||||
14 | (j) "Referral" means any referral of a patient for health | ||||||
15 | services,
including, without limitation:
| ||||||
16 | (1) The forwarding of a patient by one health care | ||||||
17 | worker to another
health care worker or to an entity | ||||||
18 | outside the health care worker's office
practice or group | ||||||
19 | practice that provides health services.
| ||||||
20 | (2) The request or establishment by a health care
| ||||||
21 | worker of a plan of care outside the health care worker's | ||||||
22 | office practice
or group practice
that includes the | ||||||
23 | provision of any health services.
| ||||||
24 | (Source: P.A. 89-72, eff. 12-31-95; 90-742, eff. 8-13-98.)
| ||||||
25 | Section 65. The Medical Practice Act of 1987 is amended by |
| |||||||
| |||||||
1 | changing Section 33 as follows:
| ||||||
2 | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
| ||||||
3 | (Section scheduled to be repealed on December 31, 2008)
| ||||||
4 | Sec. 33. Any person licensed under this Act to practice | ||||||
5 | medicine in all
of its branches shall be authorized to purchase | ||||||
6 | legend drugs requiring an
order of a person authorized to | ||||||
7 | prescribe drugs, and to dispense such legend
drugs in the | ||||||
8 | regular course of practicing medicine. The dispensing of such
| ||||||
9 | legend drugs shall be the personal act of the person licensed | ||||||
10 | under this
Act and may not be delegated to any other person not | ||||||
11 | licensed under this
Act or the Pharmacy Practice Act of 1987
| ||||||
12 | unless such delegated
dispensing functions are under the direct | ||||||
13 | supervision of the physician
authorized to dispense legend | ||||||
14 | drugs. Except when dispensing manufacturers'
samples or other | ||||||
15 | legend drugs in a maximum 72 hour supply, persons licensed
| ||||||
16 | under this Act shall maintain a book or file of prescriptions | ||||||
17 | as required
in the Pharmacy Practice Act of 1987 . Any person | ||||||
18 | licensed under this
Act who dispenses any drug or medicine | ||||||
19 | shall dispense such drug or
medicine in good faith and shall | ||||||
20 | affix to the box, bottle,
vessel or package containing the same | ||||||
21 | a label indicating (a)
the date on which such drug or medicine | ||||||
22 | is dispensed; (b)
the name of the patient; (c) the last name of | ||||||
23 | the person
dispensing such drug or medicine; (d) the directions | ||||||
24 | for use
thereof; and (e) the proprietary name or names or, if | ||||||
25 | there
are none, the established name or names of the drug or
|
| |||||||
| |||||||
1 | medicine, the dosage and quantity, except as otherwise
| ||||||
2 | authorized by regulation of the Department of Professional | ||||||
3 | Regulation.
The foregoing labeling requirements shall
not | ||||||
4 | apply to drugs or medicines in a package which bears a label of | ||||||
5 | the
manufacturer containing information describing its | ||||||
6 | contents
which is in compliance with requirements of the | ||||||
7 | Federal
Food, Drug, and Cosmetic Act and the Illinois Food, | ||||||
8 | Drug, and Cosmetic Act.
"Drug" and "medicine" have the meaning | ||||||
9 | ascribed to them in the Pharmacy Practice
Act of 1987 , as now | ||||||
10 | or hereafter amended; "good faith" has the meaning
ascribed to | ||||||
11 | it in subsection (v) of Section 102 of the "Illinois Controlled
| ||||||
12 | Substances Act", approved August 16, 1971, as amended.
| ||||||
13 | Prior to dispensing a prescription to a patient, the | ||||||
14 | physician shall
offer a written prescription to the patient | ||||||
15 | which the patient may elect to
have filled by the physician or | ||||||
16 | any licensed pharmacy.
| ||||||
17 | A violation of any provision of this Section shall | ||||||
18 | constitute a violation
of this Act and shall be grounds for | ||||||
19 | disciplinary action provided for in
this Act.
| ||||||
20 | (Source: P.A. 85-1209 .)
| ||||||
21 | Section 70. The Illinois Optometric Practice Act of 1987 is | ||||||
22 | amended by changing Section 3 as follows:
| ||||||
23 | (225 ILCS 80/3) (from Ch. 111, par. 3903)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2017)
|
| |||||||
| |||||||
1 | Sec. 3. Practice of optometry defined; referrals; | ||||||
2 | manufacture of lenses
and prisms.
| ||||||
3 | (a) The practice of optometry is defined as the employment | ||||||
4 | of any
and all means for the examination, diagnosis, and | ||||||
5 | treatment of the human
visual system, the human eye, and its | ||||||
6 | appendages without the use of
surgery, including but not | ||||||
7 | limited to: the appropriate
use of ocular
pharmaceutical | ||||||
8 | agents; refraction and other determinants of visual function;
| ||||||
9 | prescribing corrective lenses or prisms; prescribing, | ||||||
10 | dispensing, or management
of contact lenses; vision therapy; | ||||||
11 | visual rehabilitation; or any other
procedures taught in | ||||||
12 | schools and colleges of optometry approved by the
Department, | ||||||
13 | and not specifically restricted in this Act, subject to
| ||||||
14 | demonstrated competency and training as required by the Board, | ||||||
15 | and pursuant
to rule or regulation approved by the Board and | ||||||
16 | adopted by
the Department.
| ||||||
17 | A person shall be deemed to be practicing optometry within | ||||||
18 | the meaning of
this Act who:
| ||||||
19 | (1) In any way presents himself or herself to be | ||||||
20 | qualified to
practice optometry.
| ||||||
21 | (2) Performs refractions or employs any other | ||||||
22 | determinants of
visual function.
| ||||||
23 | (3) Employs any means for the adaptation of lenses or | ||||||
24 | prisms.
| ||||||
25 | (4) Prescribes corrective lenses, prisms, vision | ||||||
26 | therapy,
visual rehabilitation, or ocular pharmaceutical |
| |||||||
| |||||||
1 | agents.
| ||||||
2 | (5) Prescribes or manages contact lenses for | ||||||
3 | refractive,
cosmetic, or therapeutic purposes.
| ||||||
4 | (6) Evaluates the need for, or prescribes, low vision | ||||||
5 | aids to
partially sighted persons.
| ||||||
6 | (7) Diagnoses or treats any ocular abnormality, | ||||||
7 | disease, or
visual or muscular anomaly of the human eye or | ||||||
8 | visual system.
| ||||||
9 | (8) Practices, or offers or attempts to practice, | ||||||
10 | optometry as defined in
this Act either on his or her own | ||||||
11 | behalf or as an employee
of a person, firm,
or corporation, | ||||||
12 | whether under the supervision of his or her employer or | ||||||
13 | not.
| ||||||
14 | Nothing in this Section shall be interpreted (i) to prevent | ||||||
15 | a person from
functioning as an assistant under the direct | ||||||
16 | supervision of a person licensed
by the State of Illinois to | ||||||
17 | practice optometry or medicine in all of its
branches or (ii) | ||||||
18 | to prohibit visual screening programs that
are conducted | ||||||
19 | without a fee (other than voluntary donations), by
charitable | ||||||
20 | organizations
acting in the public welfare under
the | ||||||
21 | supervision of a committee composed of persons licensed by the | ||||||
22 | State of
Illinois to practice optometry or persons licensed by | ||||||
23 | the State of Illinois
to practice medicine in all of its | ||||||
24 | branches.
| ||||||
25 | (b) When, in the course of providing optometric services to | ||||||
26 | any person,
an optometrist licensed under this Act finds an |
| |||||||
| |||||||
1 | indication of a disease or
condition of the eye which in his or | ||||||
2 | her professional judgment requires
professional service | ||||||
3 | outside the scope of practice as defined in this Act,
he or she | ||||||
4 | shall refer such person to a physician licensed to practice | ||||||
5 | medicine
in all of its branches, or other appropriate health | ||||||
6 | care practitioner.
Nothing in this Act shall preclude an | ||||||
7 | optometrist from rendering appropriate nonsurgical
emergency | ||||||
8 | care.
| ||||||
9 | (c) Nothing contained in this Section shall prohibit a | ||||||
10 | person from
manufacturing ophthalmic lenses and prisms or the | ||||||
11 | fabrication
of contact lenses according to the specifications | ||||||
12 | prescribed by an optometrist
or a physician licensed to | ||||||
13 | practice medicine in all of its branches, but shall
| ||||||
14 | specifically prohibit the sale or delivery of ophthalmic
| ||||||
15 | lenses, prisms, and contact lenses without a prescription | ||||||
16 | signed by an
optometrist or a physician licensed to practice | ||||||
17 | medicine in all of its
branches.
| ||||||
18 | (d) Nothing in this Act shall restrict the filling of a | ||||||
19 | prescription by a
pharmacist licensed under the Pharmacy | ||||||
20 | Practice Act of 1987 .
| ||||||
21 | (Source: P.A. 94-787, eff. 5-19-06.)
| ||||||
22 | Section 75. the Pharmacy Practice Act of 1987 is amended by | ||||||
23 | changing Sections 2, 3, 5, 6, 7.5, 8, 9, 10, 12, 15, 16, 16a, | ||||||
24 | 17, 17.1, 18, 19, 20, 22, 22a, 25, 27, 30, 35.1, 35.16, and | ||||||
25 | 35.19 and by adding Sections 9.5, 16b, 22b, 25.5, 25.10, 25.15, |
| |||||||
| |||||||
1 | 25.20, and 34.5 as follows:
| ||||||
2 | (225 ILCS 85/2) (from Ch. 111, par. 4122)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
4 | Sec. 2. This Act shall be known as the "Pharmacy Practice | ||||||
5 | Act of 1987 ". | ||||||
6 | (Source: P.A. 85-796.)
| ||||||
7 | (225 ILCS 85/3) (from Ch. 111, par. 4123)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
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 | pharmacist
pharmaceutical care is
provided
by a pharmacist (1) | ||||||
14 | where drugs, medicines, or poisons are
dispensed, sold or
| ||||||
15 | offered for sale at retail, or displayed for sale at retail; or
| ||||||
16 | (2)
where
prescriptions of physicians, dentists, | ||||||
17 | veterinarians, podiatrists, or
therapeutically certified | ||||||
18 | optometrists, within the limits of their
licenses, are
| ||||||
19 | compounded, filled, or dispensed; or (3) which has upon it or
| ||||||
20 | displayed within
it, or affixed to or used in connection with | ||||||
21 | it, a sign 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 |
| |||||||
| |||||||
1 | English language
or any other language; or (4) where the | ||||||
2 | characteristic prescription
sign (Rx) or similar design is | ||||||
3 | exhibited; or (5) any store, or
shop,
or other place with | ||||||
4 | respect to which any of the above words, objects,
signs or | ||||||
5 | designs are used in any advertisement.
| ||||||
6 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
7 | the official United States Pharmacopoeia/National Formulary | ||||||
8 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
9 | having for their
main use the diagnosis, cure, mitigation, | ||||||
10 | treatment or prevention of
disease in man or other animals, as | ||||||
11 | approved by the United States Food and
Drug Administration, but | ||||||
12 | does not include devices or their components, parts,
or | ||||||
13 | accessories; and (2) all other articles intended
for and having | ||||||
14 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
15 | or prevention of disease in man or other animals, as approved
| ||||||
16 | by the United States Food and Drug Administration, but does not | ||||||
17 | include
devices or their components, parts, or accessories; and | ||||||
18 | (3) articles
(other than food) having for their main use and | ||||||
19 | intended
to affect the structure or any function of the body of | ||||||
20 | man or other
animals; and (4) articles having for their main | ||||||
21 | use and intended
for use as a component or any articles | ||||||
22 | specified in clause (l), (2)
or (3); but does not include | ||||||
23 | devices or their components, parts or
accessories.
| ||||||
24 | (c) "Medicines" means and includes all drugs intended for
| ||||||
25 | human or veterinary use approved by the United States Food and | ||||||
26 | Drug
Administration.
|
| |||||||
| |||||||
1 | (d) "Practice of pharmacy" means the means (1) the | ||||||
2 | interpretation, evaluation, and implementation of prescription | ||||||
3 | drug orders; (2) the dispensing of prescription drug orders; | ||||||
4 | (3) participation in drug and device selection; (4) drug | ||||||
5 | administration, including without limitation the | ||||||
6 | administration of oral, topical, injectable, inhalation, and | ||||||
7 | immunization treatments; (5) drug regimen review; (6) drug or | ||||||
8 | drug-related research; (7) the provision of patient | ||||||
9 | counseling; (8) the practice of telepharmacy within and across | ||||||
10 | State lines; (9) the provision of those acts or services | ||||||
11 | necessary to provide pharmacist care in all areas of patient | ||||||
12 | care, including without limitation primary care and | ||||||
13 | collaborative pharmacy practice; (10) prescriptive authority; | ||||||
14 | and (11) medication therapy management and the responsibility | ||||||
15 | for compounding and labeling of drugs and devices (except | ||||||
16 | labeling by a manufacturer, repackager, or distributor of | ||||||
17 | non-prescription drugs and commercially packaged legend drugs | ||||||
18 | and devices), proper and safe storage of drugs and devices, and | ||||||
19 | maintenance of required records. A pharmacist who performs any | ||||||
20 | of the acts defined as the practice of pharmacy in this State | ||||||
21 | must be actively licensed as a pharmacist under this Act, | ||||||
22 | regardless of whether the practice occurs in a permitted | ||||||
23 | location (licensed facility) or other location.
provision of | ||||||
24 | pharmaceutical care to
patients as determined by the | ||||||
25 | pharmacist's professional judgment in the
following areas,
| ||||||
26 | which may include but are not limited to (1) patient
|
| |||||||
| |||||||
1 | counseling, (2)
interpretation and assisting in the monitoring | ||||||
2 | of appropriate drug use and
prospective drug utilization | ||||||
3 | review, (3) providing information on the
therapeutic values, | ||||||
4 | reactions, drug interactions, side effects, uses, selection
of | ||||||
5 | medications and medical devices, and outcome of drug therapy, | ||||||
6 | (4)
participation in drug selection, drug monitoring, drug | ||||||
7 | utilization review,
evaluation, administration, | ||||||
8 | interpretation, application of
pharmacokinetic and
laboratory | ||||||
9 | data to design safe and effective drug
regimens, (5) drug | ||||||
10 | research
(clinical and scientific), and (6) compounding and | ||||||
11 | dispensing of drugs and medical
devices.
| ||||||
12 | (e) "Prescription" means and includes any written, oral, | ||||||
13 | facsimile, or
electronically transmitted order for drugs
or | ||||||
14 | medical devices, issued by a physician licensed to practice | ||||||
15 | medicine in
all its branches, dentist, veterinarian, or | ||||||
16 | podiatrist, or therapeutically
certified
optometrist, within | ||||||
17 | the
limits of their licenses, by a physician assistant in | ||||||
18 | accordance with
subsection (f) of Section 4, or by an advanced | ||||||
19 | practice nurse in
accordance with subsection (g) of Section 4, | ||||||
20 | containing the
following: (l) name
of the patient; (2) date | ||||||
21 | when prescription was issued; (3) name
and strength of drug or | ||||||
22 | description of the medical device prescribed;
and (4) quantity, | ||||||
23 | (5) directions for use, (6) prescriber's name,
address
and | ||||||
24 | signature, and (7) DEA number where required, for controlled
| ||||||
25 | substances.
DEA numbers shall not be required on inpatient drug | ||||||
26 | orders. A prescription may be retained in written form or |
| |||||||
| |||||||
1 | recorded in a data processing system, provided that such order | ||||||
2 | can be produced in printed form upon lawful request.
| ||||||
3 | (f) "Person" means and includes a natural person, | ||||||
4 | copartnership,
association, corporation, government entity, or | ||||||
5 | any other legal
entity.
| ||||||
6 | (g) "Department" means the Division
Department of | ||||||
7 | Professional Regulation of the Department of Financial and | ||||||
8 | Professional Regulation .
| ||||||
9 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
10 | Pharmacy of the Department of Professional Regulation.
| ||||||
11 | (i) "Director" means the Director of the Division of
| ||||||
12 | Professional Regulation of the Department .
| ||||||
13 | (j) "Drug product selection" means the interchange for a
| ||||||
14 | prescribed pharmaceutical product in accordance with Section | ||||||
15 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
16 | Cosmetic Act.
| ||||||
17 | (k) "Inpatient drug order" means an order issued by an | ||||||
18 | authorized
prescriber for a resident or patient of a facility | ||||||
19 | licensed under the
Nursing Home Care Act or the Hospital | ||||||
20 | Licensing Act, or "An Act in relation to
the founding and | ||||||
21 | operation of the University of Illinois Hospital and the
| ||||||
22 | conduct of University of Illinois health care programs", | ||||||
23 | approved July 3, 1931,
as amended, or a facility which is | ||||||
24 | operated by the Department of Human
Services (as successor to | ||||||
25 | the Department of Mental Health
and Developmental | ||||||
26 | Disabilities) or the Department of Corrections.
|
| |||||||
| |||||||
1 | (k-5) "Pharmacist" means an individual health care | ||||||
2 | professional and
provider currently licensed by this State to | ||||||
3 | engage in the practice of
pharmacy.
| ||||||
4 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
5 | whose name appears
on a pharmacy license and who is responsible | ||||||
6 | for all aspects of the
operation related to the practice of | ||||||
7 | pharmacy.
| ||||||
8 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
9 | evaluation, and implementation of a prescription drug order, | ||||||
10 | including the preparation and delivery of a drug or device to a | ||||||
11 | patient or patient's agent in a suitable container | ||||||
12 | appropriately labeled for subsequent administration to or use | ||||||
13 | by a patient.
delivery of drugs and medical devices, in
| ||||||
14 | accordance with applicable State and federal laws and | ||||||
15 | regulations, to the
patient or the patient's representative | ||||||
16 | authorized to receive these products,
including the | ||||||
17 | preparation, compounding, packaging, and labeling necessary | ||||||
18 | for delivery, computer entry, and verification of medication | ||||||
19 | orders and prescriptions, and
any recommending or advising | ||||||
20 | concerning the contents and therapeutic values and
uses | ||||||
21 | thereof. "Dispense" or "dispensing" does not mean the physical | ||||||
22 | delivery to a patient or a
patient's representative in a home | ||||||
23 | or institution by a designee of a pharmacist
or by common | ||||||
24 | carrier. "Dispense" or "dispensing" also does not mean the | ||||||
25 | physical delivery
of a drug or medical device to a patient or | ||||||
26 | patient's representative by a
pharmacist's designee within a |
| |||||||
| |||||||
1 | pharmacy or drugstore while the pharmacist is
on duty and the | ||||||
2 | pharmacy is open.
| ||||||
3 | (n) "Nonresident pharmacy"
"Mail-order pharmacy" means a | ||||||
4 | pharmacy that is located in a state , commonwealth, or territory
| ||||||
5 | of the United States, other than Illinois, that delivers, | ||||||
6 | dispenses , or
distributes, through the United States Postal | ||||||
7 | Service , commercially acceptable parcel delivery service, or | ||||||
8 | other common
carrier, to Illinois residents, any substance | ||||||
9 | which requires a prescription.
| ||||||
10 | (o) "Compounding" means the preparation of components, | ||||||
11 | excluding flavorings, into a drug product (1) as the result of | ||||||
12 | a prescriber's prescription drug order or initiative based on | ||||||
13 | the prescriber-patient-pharmacist relationship in the course | ||||||
14 | of professional practice or (2) for the purpose of, or incident | ||||||
15 | to, research, teaching, or chemical analysis and not for sale | ||||||
16 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
17 | or devices in anticipation of receiving prescription drug | ||||||
18 | orders based on routine, regularly-observed prescribing | ||||||
19 | patterns. , mixing, assembling,
packaging, or labeling of a drug | ||||||
20 | or medical device: (1) as the result of a
practitioner's | ||||||
21 | prescription drug order or initiative that is dispensed | ||||||
22 | pursuant
to a prescription in the course of professional | ||||||
23 | practice; or (2) for the
purpose of, or incident to, research, | ||||||
24 | teaching, or chemical analysis; or (3) in anticipation of | ||||||
25 | prescription drug orders
based on routine, regularly observed | ||||||
26 | prescribing patterns.
|
| |||||||
| |||||||
1 | (p) (Blank).
"Confidential information" means information,
| ||||||
2 | maintained by the
pharmacist in the patient's records, released | ||||||
3 | only (i) to the patient or,
as the patient directs, to other | ||||||
4 | practitioners and other pharmacists or (ii)
to any other person | ||||||
5 | authorized by law to receive the
information.
| ||||||
6 | (q) (Blank).
"Prospective drug review" or "drug | ||||||
7 | utilization evaluation" means a
screening for potential drug | ||||||
8 | therapy problems due to
therapeutic duplication, drug-disease | ||||||
9 | contraindications, drug-drug
interactions (including serious | ||||||
10 | interactions with nonprescription or
over-the-counter drugs), | ||||||
11 | drug-food interactions, incorrect drug dosage
or duration of | ||||||
12 | drug
treatment, drug-allergy interactions, and clinical abuse | ||||||
13 | or misuse.
| ||||||
14 | (r) "Patient counseling" means the communication between a | ||||||
15 | pharmacist or a pharmacy intern under the supervision of a | ||||||
16 | pharmacist and a patient or the patient's representative about | ||||||
17 | the patient's medication or device for the purpose of | ||||||
18 | optimizing proper use of prescription medications or devices. | ||||||
19 | "Patient counseling" may include without limitation (1) | ||||||
20 | obtaining a medication history; (2) acquiring patient's | ||||||
21 | allergies and health conditions; (3) assuring that the patient | ||||||
22 | understands the intended use of the medication; (4) proper | ||||||
23 | directions for use; (5) significant potential adverse events; | ||||||
24 | (6) potential food-drug interactions; and (7) the need to be | ||||||
25 | compliant with the medication therapy. A pharmacy technician | ||||||
26 | may only participate in the following aspects of patient |
| |||||||
| |||||||
1 | counseling under the supervision of a pharmacist: (1) obtaining | ||||||
2 | medication history; (2) providing the offer for counseling by a | ||||||
3 | pharmacist or intern; and (3) acquiring a patient's allergies | ||||||
4 | and health conditions.
or
a student pharmacist under the direct | ||||||
5 | supervision of a pharmacist and a
patient or the patient's | ||||||
6 | representative about the patient's medication or
device for the | ||||||
7 | purpose of optimizing proper use of prescription medications
or | ||||||
8 | devices. The offer to counsel by the pharmacist or the | ||||||
9 | pharmacist's
designee, and subsequent patient counseling by | ||||||
10 | the pharmacist or student
pharmacist, shall be made in a | ||||||
11 | face-to-face communication with the patient
or patient's | ||||||
12 | representative unless, in the professional judgment of the
| ||||||
13 | pharmacist, a face-to-face communication is deemed | ||||||
14 | inappropriate or
unnecessary. In that instance, the offer to | ||||||
15 | counsel or patient counseling may
be made in a written | ||||||
16 | communication, by telephone, or in a manner determined by
the | ||||||
17 | pharmacist to be appropriate.
| ||||||
18 | (s) "Patient profiles" or "patient drug therapy record" | ||||||
19 | means the
obtaining, recording, and maintenance of patient | ||||||
20 | prescription
information, including prescriptions for | ||||||
21 | controlled substances, and
personal information.
| ||||||
22 | (t) (Blank).
"Pharmaceutical care" includes, but is not | ||||||
23 | limited to, the act of
monitoring drug use and other patient | ||||||
24 | care services intended to achieve
outcomes that improve the | ||||||
25 | patient's quality of life but shall not include
the sale of | ||||||
26 | over-the-counter drugs by a seller of goods and services who
|
| |||||||
| |||||||
1 | does not dispense prescription drugs.
| ||||||
2 | (u) "Medical device" means an instrument, apparatus, | ||||||
3 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
4 | other similar or related article,
including any component part | ||||||
5 | or accessory, required under federal law to
bear the label | ||||||
6 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
7 | a physician". A seller of goods and services who, only for the | ||||||
8 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
9 | medical devices shall not,
by reasons thereof, be required to | ||||||
10 | be a licensed pharmacy.
| ||||||
11 | (v) "Unique identifier" means an electronic signature, | ||||||
12 | handwritten
signature or initials, thumb print, or other | ||||||
13 | acceptable individual biometric
or electronic identification | ||||||
14 | process as approved by the Department.
| ||||||
15 | (w) "Current usual and customary retail price" means the | ||||||
16 | actual price that a pharmacy charges to a non-third-party | ||||||
17 | payor a retail purchaser .
| ||||||
18 | (x) "Automated pharmacy system" means a mechanical system | ||||||
19 | located within the confines of the pharmacy or remote location | ||||||
20 | that performs operations or activities, other than compounding | ||||||
21 | or administration, relative to storage, packaging, dispensing, | ||||||
22 | or distribution of medication, and which collects, controls, | ||||||
23 | and maintains all transaction information. | ||||||
24 | (y) "Collaborative pharmacy practice" means the practice | ||||||
25 | of pharmacy whereby one or more pharmacists have jointly | ||||||
26 | agreed, on a voluntary basis, to work in conjunction with one |
| |||||||
| |||||||
1 | or more physicians licensed to practice medicine in all its | ||||||
2 | branches under protocol whereby the pharmacist may perform | ||||||
3 | certain patient care functions authorized by the practitioner | ||||||
4 | or practitioners under certain specified conditions and | ||||||
5 | limitations. | ||||||
6 | (z) "Collaborative pharmacy practice agreement" is a | ||||||
7 | written and signed agreement between one or more pharmacists | ||||||
8 | and one or more physicians licensed to practice medicine in all | ||||||
9 | its branches that may provide for collaborative pharmacy | ||||||
10 | practice.
| ||||||
11 | (aa) "Drug regimen review" means and includes without | ||||||
12 | limitation the evaluation of prescription drug orders and | ||||||
13 | patient records for (1)
known allergies; (2) rational therapy | ||||||
14 | contraindications;
(3) reasonable dose, duration of use, and | ||||||
15 | route of administration, taking into consideration age, | ||||||
16 | gender, and other patient factors; (4) reasonable directions | ||||||
17 | for use; (5) potential or actual adverse drug reactions; (6) | ||||||
18 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
19 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
20 | (10) patient laboratory values; (11) proper utilization | ||||||
21 | (including over or under utilization) and optimum therapeutic | ||||||
22 | outcomes; and (12) abuse and misuse.
| ||||||
23 | (bb) "Electronic transmission prescription" means any | ||||||
24 | prescription order for which a facsimile or electronic image of | ||||||
25 | the order is electronically transmitted from a licensed | ||||||
26 | prescriber to a pharmacy. "Electronic transmission |
| |||||||
| |||||||
1 | prescription" includes both data and image prescriptions.
| ||||||
2 | (cc) "Medication therapy management services" means a | ||||||
3 | distinct service or group of services offered by licensed | ||||||
4 | pharmacists that optimize therapeutic outcomes for individual | ||||||
5 | patients and encompasses a broad range of professional | ||||||
6 | activities and responsibilities. "Medication therapy | ||||||
7 | management services" are independent of, but may occur in | ||||||
8 | conjunction with, the provision of a medication or a medical | ||||||
9 | device. "Medication therapy management services" may include | ||||||
10 | without limitation the following, according to the individual | ||||||
11 | needs of the patient: | ||||||
12 | (1) performing or obtaining necessary assessments of | ||||||
13 | the patient's health status; | ||||||
14 | (2) formulating a medication treatment plan; | ||||||
15 | (3) selecting, initiating, modifying, or administering | ||||||
16 | medication therapy; | ||||||
17 | (4) monitoring and evaluating the patient's response | ||||||
18 | to therapy, including safety and effectiveness; | ||||||
19 | (5) performing a comprehensive medication review to | ||||||
20 | identify, resolve, and prevent medication-related | ||||||
21 | problems, including adverse drug events; | ||||||
22 | (6) documenting the care delivered and communicating | ||||||
23 | essential information to the patient's other primary care | ||||||
24 | providers; | ||||||
25 | (7) providing verbal education and training designed | ||||||
26 | to enhance patient understanding and appropriate use of his |
| |||||||
| |||||||
1 | or her medications; | ||||||
2 | (8) providing information, support services, and | ||||||
3 | resources designed to enhance patient adherence with his or | ||||||
4 | her therapeutic regimens; | ||||||
5 | (9) coordinating and integrating medication therapy | ||||||
6 | management services within the broader health | ||||||
7 | care-management services being provided to the patient; | ||||||
8 | and | ||||||
9 | (10) other patient care services as may be appropriate | ||||||
10 | to maximize patient medication therapy outcomes.
| ||||||
11 | (dd) "Pharmacist care" means the provision by a pharmacist | ||||||
12 | of medication therapy management services, with or without the | ||||||
13 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
14 | related to the cure or prevention of a disease, elimination or | ||||||
15 | reduction of a patient's symptoms, or arresting or slowing of a | ||||||
16 | disease process, as defined by the Board by rule.
| ||||||
17 | (ee) "Protected health information" means individually | ||||||
18 | identifiable health information that, except as otherwise | ||||||
19 | provided, is:
| ||||||
20 | (1) transmitted by electronic media; | ||||||
21 | (2) maintained in any medium set forth in the | ||||||
22 | definition of "electronic media" in the federal Health | ||||||
23 | Insurance Portability and Accountability Act (45 CFR | ||||||
24 | 162.103); or | ||||||
25 | (3) transmitted or maintained in any other form or | ||||||
26 | medium. |
| |||||||
| |||||||
1 | "Protected health information" does not include | ||||||
2 | individually identifiable health information found in: | ||||||
3 | (1) education records covered by the federal | ||||||
4 | Family Educational Right and Privacy Act (20 U.S.C. | ||||||
5 | 1232g); or | ||||||
6 | (2) employment records held by a licensee in its | ||||||
7 | role as an employer. | ||||||
8 | (Source: P.A. 93-571, eff. 8-20-03; 93-1075, eff. 1-18-05; | ||||||
9 | 94-459, eff. 1-1-06.)
| ||||||
10 | (225 ILCS 85/5) (from Ch. 111, par. 4125)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 5. Application of Act.
| ||||||
13 | (a) It shall be unlawful for any person to engage in the
| ||||||
14 | practice of pharmacy in this State and it shall be unlawful for | ||||||
15 | any
employer to allow any person in his or her employ to engage | ||||||
16 | in the practice
of pharmacy in this State, unless such person | ||||||
17 | who shall engage in the
practice of pharmacy in this State | ||||||
18 | shall be first authorized to do
so under the provisions of this | ||||||
19 | Act.
| ||||||
20 | (b) Nothing contained in this Act shall be construed to | ||||||
21 | invalidate
any existing valid and unexpired certificate of | ||||||
22 | registration, nor any
existing rights or privileges | ||||||
23 | thereunder, of any registered pharmacist,
registered assistant | ||||||
24 | pharmacist, local registered pharmacist, or registered
| ||||||
25 | pharmacy apprentice, in force on January 1, 1956 and issued |
| |||||||
| |||||||
1 | under any
prior Act of this State also in force on January 1, | ||||||
2 | 1956. Every person
holding such a certificate of registration | ||||||
3 | shall have the authority
to practice under this Act, but shall | ||||||
4 | be subject to the same limitations
and restrictions as were | ||||||
5 | applicable to him or her in the Act under
which his or her | ||||||
6 | certificate of registration was issued. Each such
certificate | ||||||
7 | may be renewed as provided in Section 12.
| ||||||
8 | (c) It shall be unlawful for any person to take, use or | ||||||
9 | exhibit any
word, object, sign or design described in | ||||||
10 | subsection (a) of Section
3 in connection with any drug store, | ||||||
11 | shop or other place or in any
other manner to advertise or hold | ||||||
12 | himself out as operating or conducting
a drug store unless such | ||||||
13 | drug store, shop, pharmacy department or other
place shall be | ||||||
14 | operated and conducted in compliance with the provisions
of | ||||||
15 | this Act.
| ||||||
16 | (Source: P.A. 90-253, eff. 7-29-97.)
| ||||||
17 | (225 ILCS 85/6) (from Ch. 111, par. 4126)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 6. Each individual seeking
licensure as a registered | ||||||
20 | pharmacist shall make application to the
Department and shall | ||||||
21 | provide evidence of the following:
| ||||||
22 | 1. that he or she is a United States citizen or legally | ||||||
23 | admitted alien;
| ||||||
24 | 2. that he or she has not engaged in conduct or behavior | ||||||
25 | determined to be
grounds for discipline under this Act;
|
| |||||||
| |||||||
1 | 3. that he or she is a graduate of a first professional | ||||||
2 | degree program in
pharmacy of a university recognized and | ||||||
3 | approved by the Department;
| ||||||
4 | 4. that he or she has successfully completed a program of | ||||||
5 | practice experience
under the direct supervision of a | ||||||
6 | registered pharmacist in a pharmacy
in this State, or in any | ||||||
7 | other State; and
| ||||||
8 | 5. that he or she has passed an examination recommended by | ||||||
9 | the Board of Pharmacy
and authorized by the Department ; or .
| ||||||
10 |
6. that he or she has passed the Foreign Pharmacy graduate | ||||||
11 | Equivalency Examination (FPGEC).
| ||||||
12 | The program of practice experience referred to in paragraph | ||||||
13 | (4) of
this Section shall be fulfilled by the successful | ||||||
14 | completion of a practice
course offered by a school or college | ||||||
15 | of pharmacy or department of
pharmacy recognized and approved | ||||||
16 | by the Department, which shall be
a minimum of one academic | ||||||
17 | quarter in length.
| ||||||
18 | Any person applying for a license as a registered | ||||||
19 | pharmacist in this
State who has graduated from a first | ||||||
20 | professional degree program in
pharmacy of at least 5 academic | ||||||
21 | years from a school or college of pharmacy,
which at the time | ||||||
22 | of such graduation was not recognized and approved
as reputable | ||||||
23 | and in good standing by the Department, shall be required,
in | ||||||
24 | order to qualify for admittance to take the Department's | ||||||
25 | examination
for licensure as a registered pharmacist, to pass a | ||||||
26 | preliminary diagnostic
examination recommended by the Board |
| |||||||
| |||||||
1 | and authorized by the Department,
covering proficiency in the | ||||||
2 | English language and such academic areas
as the Board may deem | ||||||
3 | essential to a satisfactory pharmacy curriculum
and by rule | ||||||
4 | prescribe. Any applicant who submits to and fails to pass
the | ||||||
5 | preliminary diagnostic examination may be required to satisfy | ||||||
6 | the
Board that he has taken additional remedial work previously | ||||||
7 | approved
by the Board to correct deficiencies in his | ||||||
8 | pharmaceutical education
indicated by the results of the last | ||||||
9 | preliminary diagnostic examination
prior to taking the | ||||||
10 | preliminary diagnostic examination again.
| ||||||
11 | Any applicant who has graduated from a first professional | ||||||
12 | degree program
in pharmacy of at least 5 academic years from a | ||||||
13 | school or college of
pharmacy, which at the time of such | ||||||
14 | graduation was not recognized and
approved as reputable and in | ||||||
15 | good standing by the Department, shall
complete a clinical | ||||||
16 | program previously approved by the Board on the
basis of its | ||||||
17 | equivalence to programs that are components of first | ||||||
18 | professional
degree programs in pharmacy approved by the | ||||||
19 | Department.
| ||||||
20 | Any person required by Section 6 to submit to a preliminary | ||||||
21 | diagnostic
examination in advance of admittance to an | ||||||
22 | examination for registration
as a registered pharmacist under | ||||||
23 | this Act shall be permitted to take
such preliminary diagnostic | ||||||
24 | examination, provided that he is not less
than 21 years of age | ||||||
25 | and furnishes the Department with satisfactory
evidence that he | ||||||
26 | has: successfully completed a program of preprofessional
|
| |||||||
| |||||||
1 | education (postsecondary school) consisting of course work | ||||||
2 | equivalent
to that generally required for admission to U.S. | ||||||
3 | colleges of pharmacy
recognized and approved as reputable and | ||||||
4 | in good standing by the Department;
and has received a degree | ||||||
5 | in pharmacy as required in this Section.
| ||||||
6 | The Department shall issue a license as a registered | ||||||
7 | pharmacist to
any applicant who has qualified as aforesaid and | ||||||
8 | who has filed the
required applications and paid the required | ||||||
9 | fees in connection therewith;
and such registrant shall have | ||||||
10 | the authority to practice the profession
of pharmacy in this | ||||||
11 | State.
| ||||||
12 | (Source: P.A. 85-796.)
| ||||||
13 | (225 ILCS 85/7.5)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 7.5. Social Security Number or unique identifying | ||||||
16 | number on license application. In addition
to any other | ||||||
17 | information required to be contained in the application, every
| ||||||
18 | application for an original, renewal, or restored license under | ||||||
19 | this Act shall
include the applicant's Social Security Number | ||||||
20 | or other unique identifying number deemed appropriate by the | ||||||
21 | Department .
| ||||||
22 | (Source: P.A. 90-144, eff. 7-23-97.)
| ||||||
23 | (225 ILCS 85/8) (from Ch. 111, par. 4128)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 8. Licensure by endorsement; emergency licensure.
The | ||||||
2 | Department may, in its discretion, license
as a pharmacist, | ||||||
3 | without examination, on payment of the required fee,
an | ||||||
4 | applicant who is so licensed under the laws of another U.S. | ||||||
5 | jurisdiction
or another country, if the requirements for | ||||||
6 | licensure in the other
jurisdiction in which the applicant was | ||||||
7 | licensed, were, at the date
of his licensure deemed by the | ||||||
8 | Board to be substantially equivalent
to the requirements then | ||||||
9 | in force in this State.
| ||||||
10 | Upon a declared Executive Order due an emergency caused by | ||||||
11 | a natural or manmade disaster or any other exceptional | ||||||
12 | situation that causes an extraordinary demand for pharmacist | ||||||
13 | services, the Department may issue a pharmacist who holds a | ||||||
14 | license to practice pharmacy in another state an emergency | ||||||
15 | license to practice in this State.
| ||||||
16 | (Source: P.A. 85-796.)
| ||||||
17 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 9. Registration as pharmacy technician. Any person | ||||||
20 | shall be entitled
to registration as a registered pharmacy | ||||||
21 | technician who is of the age of 16
or over, has not engaged in | ||||||
22 | conduct or behavior determined to be grounds for
discipline | ||||||
23 | under this Act, is of temperate habits, is attending or has
| ||||||
24 | graduated from an accredited high school or comparable school | ||||||
25 | or educational
institution, and has filed a written application |
| |||||||
| |||||||
1 | for registration on a form
to be prescribed and furnished by | ||||||
2 | the Department for that purpose. The
Department shall issue a | ||||||
3 | certificate of
registration as a registered pharmacy | ||||||
4 | technician to any applicant who has
qualified as aforesaid, and | ||||||
5 | such registration shall be the sole authority
required to | ||||||
6 | assist licensed pharmacists in the practice of pharmacy, under
| ||||||
7 | the personal supervision of a licensed pharmacist. A registered | ||||||
8 | pharmacy technician may, under the supervision of a pharmacist, | ||||||
9 | assist in the practice of pharmacy and perform such functions | ||||||
10 | as assisting in the dispensing process, offering counsel, | ||||||
11 | receiving new verbal prescription orders, and having | ||||||
12 | prescriber contact concerning prescription drug order | ||||||
13 | clarification. A registered pharmacy technician may not engage | ||||||
14 | in patient counseling, drug regimen review, or clinical | ||||||
15 | conflict resolution. | ||||||
16 | Any person registered
as a pharmacy technician who is also | ||||||
17 | enrolled in a first professional
degree program in pharmacy in | ||||||
18 | a school or college of pharmacy or a
department of pharmacy of | ||||||
19 | a university approved by the Department shall be
considered a | ||||||
20 | "pharmacy intern"
"student pharmacist" and entitled to use the | ||||||
21 | title "pharmacy intern". A pharmacy intern must meet all of the | ||||||
22 | requirements for registration as a pharmacy technician set | ||||||
23 | forth in this Section and pay the required pharmacy technician | ||||||
24 | registration fees
"student
pharmacist" . | ||||||
25 | The Department, upon the recommendation of the Board, may
| ||||||
26 | take any action set forth in Section 30 of this Act with regard |
| |||||||
| |||||||
1 | to
certificates pursuant to this Section.
| ||||||
2 | Any person who is enrolled in a non-traditional Pharm.D.
| ||||||
3 | program at an ACPE accredited college of pharmacy and is a | ||||||
4 | licensed pharmacist
under the laws of another United States | ||||||
5 | jurisdiction shall be permitted to
engage in the program of | ||||||
6 | practice experience required in the academic program
by virtue | ||||||
7 | of such license. Such person shall be exempt from the | ||||||
8 | requirement
of registration as a registered pharmacy | ||||||
9 | technician while engaged in the
program of practice experience | ||||||
10 | required in the academic program.
| ||||||
11 | An applicant for registration as a pharmacy technician may | ||||||
12 | assist a
registered pharmacist in the practice of pharmacy for | ||||||
13 | a period of up to
60 days prior to the issuance of a | ||||||
14 | certificate of registration if the
applicant has submitted the | ||||||
15 | required fee and an application for registration
to the | ||||||
16 | Department. The applicant shall keep a copy of the submitted
| ||||||
17 | application on the premises where the applicant is assisting in | ||||||
18 | the
practice of pharmacy. The Department shall forward | ||||||
19 | confirmation of receipt of the application with start and | ||||||
20 | expiration dates of practice pending registration.
| ||||||
21 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
22 | (225 ILCS 85/9.5 new)
| ||||||
23 | Sec. 9.5. Certified pharmacy technician. | ||||||
24 | (a) An individual registered as a pharmacy technician under | ||||||
25 | this Act may receive certification as a certified pharmacy |
| |||||||
| |||||||
1 | technician, if he or she meets all of the following | ||||||
2 | requirements: | ||||||
3 | (1) He or she has submitted a written application in | ||||||
4 | the form and manner prescribed by the Board. | ||||||
5 | (2) He or she has attained the age of 18. | ||||||
6 | (3) He or she is of good moral character, as determined | ||||||
7 | by the Department. | ||||||
8 | (4) He or she has (i) graduated from a pharmacy | ||||||
9 | technician training program approved by the Board or (ii) | ||||||
10 | obtained documentation from the pharmacist-in-charge of | ||||||
11 | the pharmacy where the applicant is employed verifying that | ||||||
12 | he or she has successfully completed a training program and | ||||||
13 | has successfully completed an objective assessment | ||||||
14 | mechanism prepared in accordance with rules established by | ||||||
15 | the Board. | ||||||
16 | (5) He or she has successfully passed an examination or | ||||||
17 | examinations accredited by the National Organization of | ||||||
18 | Certifying Agencies, as approved and required by the Board. | ||||||
19 | (6) He or she has paid the required certification fees. | ||||||
20 | (b) No pharmacist whose license has been denied, revoked, | ||||||
21 | suspended, or restricted for disciplinary purposes may be | ||||||
22 | eligible to be registered as a certified pharmacy technician. | ||||||
23 | (c) The Board may, by rule, establish any additional | ||||||
24 | requirements for certification under this Section.
| ||||||
25 | (225 ILCS 85/10) (from Ch. 111, par. 4130)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 10. State Board of Pharmacy. There is created in the | ||||||
3 | Department the
State Board of Pharmacy.
It shall consist of 9 | ||||||
4 | members, 7 of whom shall be licensed pharmacists.
Each of those | ||||||
5 | 7 members must be a licensed pharmacist in good standing
in | ||||||
6 | this State, a graduate of an accredited college of pharmacy or | ||||||
7 | hold
a Bachelor of Science degree in Pharmacy and have at least | ||||||
8 | 5 years'
practical experience in the practice of pharmacy | ||||||
9 | subsequent to the
date of his licensure as a licensed | ||||||
10 | pharmacist in the State of Illinois.
There shall be 2 public | ||||||
11 | members, who shall be voting members, who
shall not be licensed | ||||||
12 | pharmacists in this State or any other state.
| ||||||
13 | Each member shall be appointed by the Governor.
| ||||||
14 | The terms of all members serving as of March 31, 1999 shall | ||||||
15 | expire on that
date. The Governor shall appoint 3 persons to | ||||||
16 | serve one-year terms, 3 persons
to serve 3-year terms, and 3 | ||||||
17 | persons to serve 5-year terms to begin April 1,
1999. | ||||||
18 | Otherwise, members shall be appointed to 5 year terms. No | ||||||
19 | member shall
be eligible to serve more than 12 consecutive | ||||||
20 | years.
| ||||||
21 | In making the appointment of members on the Board, the | ||||||
22 | Governor shall
give due consideration to recommendations by the | ||||||
23 | members of the profession
of pharmacy and by pharmacy
| ||||||
24 | pharmaceutical organizations therein. The Governor
shall | ||||||
25 | notify the pharmaceutical organizations promptly of any | ||||||
26 | vacancy
of members on the Board and in appointing members shall |
| |||||||
| |||||||
1 | give consideration
to individuals engaged in all types and | ||||||
2 | settings of pharmacy practice.
| ||||||
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.
| ||||||
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
| ||||||
15 | the Board.
| ||||||
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
| ||||||
26 | degree in Pharmacy and shall have at least 5 years' experience |
| |||||||
| |||||||
1 | in the practice
of pharmacy immediately prior to his | ||||||
2 | appointment. The pharmacy coordinator
shall be the executive | ||||||
3 | administrator and the chief enforcement officer of the
Pharmacy | ||||||
4 | Practice Act of 1987 .
| ||||||
5 | The Board may grant variances for innovative pilot | ||||||
6 | projects. | ||||||
7 | The Board shall exercise the rights, powers and duties | ||||||
8 | which have been
vested in the Board under this Act, and any | ||||||
9 | other duties conferred
upon the Board by law.
| ||||||
10 | The Director shall, in conformity with the Personnel Code, | ||||||
11 | employ not
less than 7 pharmacy investigators and 2 pharmacy | ||||||
12 | supervisors. Each pharmacy
investigator and each supervisor | ||||||
13 | shall be a registered pharmacist in good
standing in this | ||||||
14 | State, and shall be a graduate of an accredited college of
| ||||||
15 | pharmacy and have at least 5 years of experience in the | ||||||
16 | practice of pharmacy.
The Department shall also employ at least | ||||||
17 | one attorney who is a pharmacist
to prosecute violations of | ||||||
18 | this Act and its rules. The Department may, in
conformity with | ||||||
19 | the Personnel Code, employ such clerical and other employees
as | ||||||
20 | are necessary to carry out the duties of the Board.
| ||||||
21 | The duly authorized pharmacy investigators of the | ||||||
22 | Department shall have the
right to enter and inspect during | ||||||
23 | business hours any pharmacy or any other
place in the State of | ||||||
24 | Illinois holding itself out to be a pharmacy where
medicines or | ||||||
25 | drugs or drug products or proprietary medicines are sold, | ||||||
26 | offered
for sale, exposed for sale, or kept for sale. The |
| |||||||
| |||||||
1 | pharmacy investigators shall
be the only Department | ||||||
2 | investigators authorized to inspect, investigate, and
monitor | ||||||
3 | probation compliance of pharmacists, pharmacies, and
pharmacy | ||||||
4 | technicians.
| ||||||
5 | (Source: P.A. 91-827, eff. 6-13-00; 92-651, eff. 7-11-02; | ||||||
6 | 92-880, eff. 1-1-04.)
| ||||||
7 | (225 ILCS 85/12) (from Ch. 111, par. 4132)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
9 | Sec. 12. Expiration of license; renewal. The expiration | ||||||
10 | date and renewal
period for
each license and certificate of | ||||||
11 | registration issued under this Act
shall be set by rule.
| ||||||
12 | As a condition for the renewal of a certificate of | ||||||
13 | registration as
a registered pharmacist, the registrant shall | ||||||
14 | provide evidence to the
Department of completion of a total of | ||||||
15 | 30 hours of pharmacy continuing
education during the 2 calendar | ||||||
16 | years preceding the expiration date
of the certificate. Such | ||||||
17 | continuing education shall be approved by
the Accreditation | ||||||
18 | Council on Pharmacy
American Council on Pharmaceutical
| ||||||
19 | Education.
| ||||||
20 | The Department shall establish by rule a means for the | ||||||
21 | verification
of completion of the continuing education | ||||||
22 | required by this Section.
This verification may be accomplished | ||||||
23 | through audits of records maintained
by registrants, by | ||||||
24 | requiring the filing of continuing education certificates
with | ||||||
25 | the Department or a qualified organization selected by the |
| |||||||
| |||||||
1 | Department
to maintain such records or by other means | ||||||
2 | established by the Department.
| ||||||
3 | Rules developed under this Section may provide for a | ||||||
4 | reasonable biennial
fee, not to exceed $20, to fund the cost of | ||||||
5 | such recordkeeping.
The Department shall, by rule, further | ||||||
6 | provide an orderly process
for the reinstatement of licenses | ||||||
7 | which have not been renewed due to
the failure to meet the | ||||||
8 | continuing education requirements of this Section.
The | ||||||
9 | requirements of continuing education may be waived, in whole or
| ||||||
10 | in part, in cases of extreme hardship as defined by rule of the | ||||||
11 | Department.
Such waivers shall be granted for not more than one | ||||||
12 | of any 3 consecutive
renewal periods.
| ||||||
13 | Any pharmacist who has permitted his license to expire or | ||||||
14 | who has had
his license on inactive status may have his license | ||||||
15 | restored by making
application to the Department and filing | ||||||
16 | proof acceptable to the Department
of his fitness to have his | ||||||
17 | license restored, and by paying the required
restoration fee.
| ||||||
18 | The Department shall determine, by an evaluation program | ||||||
19 | established
by rule his fitness for restoration of his license | ||||||
20 | and shall establish
procedures and requirements for such | ||||||
21 | restoration. However, any pharmacist
who demonstrates that he | ||||||
22 | has continuously maintained active practice
in another | ||||||
23 | jurisdiction pursuant to a license in good standing, and
who | ||||||
24 | has substantially complied with the continuing education | ||||||
25 | requirements
of this Section shall not be subject to further | ||||||
26 | evaluation for purposes
of this Section.
|
| |||||||
| |||||||
1 | Any licensee who shall engage in the practice for which his | ||||||
2 | or her
license
was issued while the license is expired or on | ||||||
3 | inactive status
shall
be considered to be practicing without a | ||||||
4 | license which, shall be grounds
for discipline under Section 30 | ||||||
5 | of this Act.
| ||||||
6 | Any pharmacy operating on an expired license is engaged in
| ||||||
7 | the unlawful
practice of pharmacy and is subject to discipline | ||||||
8 | under Section 30 of this
Act. A pharmacy whose license has been | ||||||
9 | expired for one year or
more may not
have its license restored | ||||||
10 | but must apply for a new license and meet all
requirements for | ||||||
11 | licensure. Any pharmacy whose license has been expired for
less | ||||||
12 | than one year may apply for restoration of its license and | ||||||
13 | shall have
its license restored.
| ||||||
14 | However, any pharmacist whose license expired while he was | ||||||
15 | (l) in
Federal Service on active duty with the Armed Forces of | ||||||
16 | the United
States, or the State Militia called into service or | ||||||
17 | training, or (2)
in training or education under the supervision | ||||||
18 | of the United States
preliminary to induction into the military | ||||||
19 | service, may have his license
or certificate restored without | ||||||
20 | paying any lapsed renewal fees, if
within 2 years after | ||||||
21 | honorable termination of such service, training
or education he | ||||||
22 | furnishes the Department with satisfactory evidence
to the | ||||||
23 | effect that he has been so engaged and that his service, | ||||||
24 | training
or education has been so terminated.
| ||||||
25 | (Source: P.A. 90-253, eff. 7-29-97.)
|
| |||||||
| |||||||
1 | (225 ILCS 85/15) (from Ch. 111, par. 4135)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 15. Pharmacy requirements. It shall be unlawful
for | ||||||
4 | the owner of any pharmacy, as defined in this Act, to operate | ||||||
5 | or conduct
the same, or to allow the same to be
operated or | ||||||
6 | conducted, unless:
| ||||||
7 | (a) It has a licensed pharmacist, authorized to practice | ||||||
8 | pharmacy
in this State under the provisions of this Act, on | ||||||
9 | duty whenever the
practice of pharmacy is conducted;
| ||||||
10 | (b) Security provisions for all drugs and devices, as | ||||||
11 | determined by
rule of the Department, are provided during the | ||||||
12 | absence from the licensed
pharmacy of all licensed pharmacists. | ||||||
13 | Maintenance of security provisions
is the responsibility of the | ||||||
14 | licensed registered pharmacist in charge;
and
| ||||||
15 | (c) The pharmacy is licensed under this Act to conduct the | ||||||
16 | practice of pharmacy in any and all forms from the physical | ||||||
17 | address of the pharmacy's primary inventory where U.S. mail is | ||||||
18 | delivered. If a facility, company, or organization operates | ||||||
19 | multiple pharmacies from multiple physical addresses, a | ||||||
20 | separate pharmacy license is required for each different | ||||||
21 | physical address
to do business .
| ||||||
22 | (d) The Department may allow a pharmacy that is not located | ||||||
23 | at the same location as its home pharmacy and at which pharmacy | ||||||
24 | services are provided during an emergency situation to be | ||||||
25 | operated as an emergency remote pharmacy. An emergency remote | ||||||
26 | pharmacy operating under this subsection (d) shall operate |
| |||||||
| |||||||
1 | under the license of the home pharmacy.
| ||||||
2 | The Department shall, by rule, provide requirements for | ||||||
3 | each division
of pharmacy license and shall, as well provide | ||||||
4 | guidelines for the designation
of a registered pharmacist in | ||||||
5 | charge for each division.
| ||||||
6 | Division I. Retail Licenses for pharmacies which are open | ||||||
7 | to, or offer
pharmacy services to, the general public.
| ||||||
8 | Division II. Licenses for pharmacies whose primary | ||||||
9 | pharmacy service
is provided to patients or residents of | ||||||
10 | facilities licensed under the
Nursing Home Care Act or the | ||||||
11 | Hospital Licensing Act,
or "An Act in relation to the
founding | ||||||
12 | and operation of the University of Illinois Hospital and the
| ||||||
13 | conduct of University of Illinois health care programs", | ||||||
14 | approved July 3,
1931, as amended,
and which are not located in | ||||||
15 | the facilities they serve.
| ||||||
16 | Division III. Licenses for pharmacies which are located in | ||||||
17 | a facility
licensed under the Nursing Home Care Act or the | ||||||
18 | Hospital
Licensing Act,
or "An Act in relation to the
founding | ||||||
19 | and operation of the University of Illinois Hospital and the
| ||||||
20 | conduct of University of Illinois health care programs", | ||||||
21 | approved July 3,
1931, as amended,
or a facility which is | ||||||
22 | operated by the Department of Human
Services (as successor to | ||||||
23 | the Department of Mental Health
and Developmental | ||||||
24 | Disabilities) or the Department of Corrections,
and which | ||||||
25 | provide pharmacy services to residents or patients of the
| ||||||
26 | facility, as well as employees, prescribers and students of the |
| |||||||
| |||||||
1 | facility.
| ||||||
2 | Division IV. Licenses for pharmacies which provide or offer | ||||||
3 | for sale
radioactive materials.
| ||||||
4 | Division V. Licenses for pharmacies which hold licenses in | ||||||
5 | Division
II or Division III which also provide pharmacy | ||||||
6 | services to the general
public, or pharmacies which are located | ||||||
7 | in or whose primary pharmacy
service is to ambulatory care | ||||||
8 | facilities or schools of veterinary medicine
or other such | ||||||
9 | institution or facility.
| ||||||
10 | Division VI. Licenses for pharmacies that provide pharmacy | ||||||
11 | services to patients of institutions serviced by pharmacies | ||||||
12 | with a Division II or Division III license, without using their | ||||||
13 | own supply of drugs. Division VI pharmacies may provide | ||||||
14 | pharmacy services only in cooperation with an institution's | ||||||
15 | pharmacy or pharmacy provider. Nothing in this paragraph shall | ||||||
16 | constitute a change to the practice of pharmacy as defined in | ||||||
17 | Section 3 of this Act. Nothing in this amendatory Act of the | ||||||
18 | 94th General Assembly shall in any way alter the definition or | ||||||
19 | operation of any other division of pharmacy as provided in this | ||||||
20 | Act.
| ||||||
21 | The Director may waive the requirement for a pharmacist to | ||||||
22 | be on duty
at all times for State facilities not treating human | ||||||
23 | ailments.
| ||||||
24 | It shall be unlawful for any person, who is not a licensed | ||||||
25 | pharmacy
or health care facility, to purport to be such or to | ||||||
26 | use in name, title,
or sign designating, or in connection with |
| |||||||
| |||||||
1 | that place of business,
any of the words: "pharmacy", | ||||||
2 | "pharmacist", "pharmacy department",
"apothecary", "druggist", | ||||||
3 | "drug", "drugs", "medicines", "medicine store",
"drug | ||||||
4 | sundries", "prescriptions filled", or any list of words | ||||||
5 | indicating
that drugs are compounded or sold to the lay public, | ||||||
6 | or prescriptions
are dispensed therein. Each day during which, | ||||||
7 | or a part which, such
representation is made or appears or such | ||||||
8 | a sign is allowed to remain
upon or in such a place of business | ||||||
9 | shall constitute a separate offense
under this Act.
| ||||||
10 | The holder of any license or certificate of registration | ||||||
11 | shall conspicuously
display it in the pharmacy in which he is | ||||||
12 | engaged in the practice of
pharmacy. The registered pharmacist | ||||||
13 | in charge shall conspicuously
display his name in such | ||||||
14 | pharmacy. The pharmacy license shall also
be conspicuously | ||||||
15 | displayed.
| ||||||
16 | (Source: P.A. 94-84, eff. 6-28-05.)
| ||||||
17 | (225 ILCS 85/16) (from Ch. 111, par. 4136)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
19 | Sec. 16. The Department shall require
and provide for the | ||||||
20 | licensure of every pharmacy doing business in this
State. Such | ||||||
21 | licensure shall expire 30 business
10 days after the pharmacist | ||||||
22 | in
charge dies or leaves the place where the pharmacy is | ||||||
23 | licensed or after
such pharmacist's license has been suspended | ||||||
24 | or revoked.
| ||||||
25 | In the event the designated pharmacist in charge dies or |
| |||||||
| |||||||
1 | otherwise
ceases to function in that capacity, or when the | ||||||
2 | license of the pharmacist
in charge has been suspended or | ||||||
3 | revoked, the owner of the pharmacy
shall be required to notify | ||||||
4 | the Department, on forms provided by the
Department, of the | ||||||
5 | identity of the new pharmacist in charge.
| ||||||
6 | It is the duty of every pharmacist in charge who ceases to | ||||||
7 | function
in that capacity to report to the Department within 30 | ||||||
8 | business
10 days of the
date on which he ceased such functions | ||||||
9 | for such pharmacy. It is the
duty of every owner of a pharmacy | ||||||
10 | licensed under this Act to report
to the Department within 30 | ||||||
11 | business
10 days of the date on which the pharmacist
in charge | ||||||
12 | died or ceased to function in that capacity. Failure to
provide | ||||||
13 | such notification to the Department shall be grounds for | ||||||
14 | disciplinary
action.
| ||||||
15 | No license shall be issued to any pharmacy unless such | ||||||
16 | pharmacy has
a pharmacist in charge and each such pharmacy | ||||||
17 | license shall indicate
on the face thereof the pharmacist in | ||||||
18 | charge.
| ||||||
19 | (Source: P.A. 85-796.)
| ||||||
20 | (225 ILCS 85/16a) (from Ch. 111, par. 4136a)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
22 | Sec. 16a. (a) The Department shall establish rules and | ||||||
23 | regulations,
consistent with the provisions of this Act, | ||||||
24 | governing nonresident
mail-order pharmacies,
including | ||||||
25 | pharmacies providing services via the Internet,
which sell, or |
| |||||||
| |||||||
1 | offer for sale, drugs, medicines, or other pharmaceutical
| ||||||
2 | services in this State.
| ||||||
3 | (b) The Board shall require and provide for an annual | ||||||
4 | nonresident
special pharmacy registration for all pharmacies | ||||||
5 | located outside of this
State that dispense medications for | ||||||
6 | Illinois residents and mail, ship, or
deliver prescription | ||||||
7 | medications into this State. Nonresident special
pharmacy | ||||||
8 | registration shall be granted by the Board upon the disclosure | ||||||
9 | and
certification by a pharmacy:
| ||||||
10 | (1) that it is licensed in the state in which the | ||||||
11 | dispensing facility
is located and from which the drugs are | ||||||
12 | dispensed;
| ||||||
13 | (2) of the location, names, and titles of all principal | ||||||
14 | corporate
officers and all pharmacists who are dispensing | ||||||
15 | drugs to residents of this
State;
| ||||||
16 | (3) that it complies with all lawful directions and | ||||||
17 | requests for
information from the board of pharmacy of each | ||||||
18 | state in which it is
licensed or registered, except that it | ||||||
19 | shall respond directly to all
communications from the Board | ||||||
20 | concerning emergency circumstances arising
from the | ||||||
21 | dispensing of drugs to residents of this State;
| ||||||
22 | (4) that it maintains its records of drugs dispensed to | ||||||
23 | residents of
this State so that the records are readily | ||||||
24 | retrievable from the records of
other drugs dispensed;
| ||||||
25 | (5) that it cooperates with the Board in providing | ||||||
26 | information to the
board of pharmacy of the state in which |
| |||||||
| |||||||
1 | it is licensed concerning matters
related to the dispensing | ||||||
2 | of drugs to residents of this State; and
| ||||||
3 | (6) that during its regular hours of operation, but not | ||||||
4 | less than 6
days per week, for a minimum of 40 hours per | ||||||
5 | week, a toll-free telephone
service is provided to | ||||||
6 | facilitate communication between patients in this
State | ||||||
7 | and a pharmacist at the pharmacy who has access to the | ||||||
8 | patients'
records. The toll-free number must be disclosed | ||||||
9 | on the label affixed to
each container of drugs dispensed | ||||||
10 | to residents of this State.
| ||||||
11 | (Source: P.A. 91-438, eff. 1-1-00.)
| ||||||
12 | (225 ILCS 85/16b new)
| ||||||
13 | Sec. 16b. Prescription pick up and drop off. Nothing | ||||||
14 | contained in this Act shall prohibit a pharmacist or pharmacy, | ||||||
15 | by means of its employee or by use of a common carrier or the | ||||||
16 | U.S. mail, at the request of the patient, from picking up | ||||||
17 | prescription orders or delivering prescription drugs at the | ||||||
18 | office or home of the prescriber, at the residence or place of | ||||||
19 | employment of the person for whom the prescription was issued, | ||||||
20 | or at the hospital or medical care facility in which the | ||||||
21 | patient is confined. Conversely, the patient or patient's agent | ||||||
22 | may drop off prescriptions at a designated area.
| ||||||
23 | (225 ILCS 85/17) (from Ch. 111, par. 4137)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 17. Disposition of legend drugs on cessation of | ||||||
2 | pharmacy operations.
| ||||||
3 | (a) The pharmacist in charge of a pharmacy which has
its | ||||||
4 | pharmacy license revoked or otherwise ceases operation shall | ||||||
5 | notify
the Department and forward to the Department a copy of | ||||||
6 | the closing
inventory of controlled substances and a statement | ||||||
7 | indicating the intended
manner of disposition of all legend | ||||||
8 | drugs and prescription files within
30 business
10 days of such | ||||||
9 | revocation or cessation of operation.
| ||||||
10 | (b) The Department shall approve the intended manner of | ||||||
11 | disposition
of all legend drugs prior to disposition of such | ||||||
12 | drugs by the pharmacist
in charge.
| ||||||
13 | (1) The Department shall notify the pharmacist in | ||||||
14 | charge of approval
of the manner of disposition of all | ||||||
15 | legend drugs, or disapproval accompanied
by reasons for | ||||||
16 | such disapproval, within 30
10 days of receipt of the | ||||||
17 | statement
from the pharmacist in charge. In the event that | ||||||
18 | the manner of disposition
is not approved, the pharmacist | ||||||
19 | in charge shall notify the Department
of an alternative | ||||||
20 | manner of disposition within 30 business
10 days of the | ||||||
21 | receipt
of disapproval.
| ||||||
22 | (2) If disposition of all legend drugs does not occur | ||||||
23 | within 30 business
10 days
after approval is received from | ||||||
24 | the Department, or if no alternative
method of disposition | ||||||
25 | is submitted to the Department within 30 business
10 days
| ||||||
26 | of the Department's disapproval, the Director shall notify |
| |||||||
| |||||||
1 | the pharmacist
in charge by mail at the address of the | ||||||
2 | closing pharmacy, of the Department's
intent to confiscate | ||||||
3 | all legend drugs. The Notice of Intent to Confiscate
shall | ||||||
4 | be the final administrative decision of the Department, as | ||||||
5 | that
term is defined in the Administrative Review Law, and | ||||||
6 | the confiscation of all
prescription drugs shall be | ||||||
7 | effected.
| ||||||
8 | (b-5) In the event that the pharmacist in charge has died | ||||||
9 | or is otherwise
physically incompetent to perform the duties of | ||||||
10 | this Section, the owner of a
pharmacy that has its license | ||||||
11 | revoked or otherwise ceases operation shall be
required to | ||||||
12 | fulfill the duties otherwise imposed upon the pharmacist in
| ||||||
13 | charge.
| ||||||
14 | (c) The pharmacist in charge of a pharmacy which acquires | ||||||
15 | prescription
files from a pharmacy which ceases operation shall | ||||||
16 | be responsible for
the preservation of such acquired | ||||||
17 | prescriptions for the remainder of
the term that such | ||||||
18 | prescriptions are required to be preserved by this
Act.
| ||||||
19 | (d) Failure to comply with this Section shall be grounds | ||||||
20 | for denying
an application or renewal application for a | ||||||
21 | pharmacy license or for
disciplinary action against a | ||||||
22 | registration.
| ||||||
23 | (e) Compliance with the provisions of the Illinois | ||||||
24 | Controlled Substances
Act concerning the disposition of | ||||||
25 | controlled substances shall be deemed
compliance with this | ||||||
26 | Section with respect to legend drugs which are
controlled |
| |||||||
| |||||||
1 | substances.
| ||||||
2 | (Source: P.A. 90-253, eff. 7-29-97.)
| ||||||
3 | (225 ILCS 85/17.1)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 17.1. Pharmacy technician training.
| ||||||
6 | (a) Beginning January 1, 2004, it shall be the joint | ||||||
7 | responsibility of a
pharmacy
and its pharmacist in charge to | ||||||
8 | have trained all of its pharmacy technicians
or obtain
proof of | ||||||
9 | prior training in all of the following topics as they relate to | ||||||
10 | the
practice site:
| ||||||
11 | (1) The duties and responsibilities of the technicians | ||||||
12 | and pharmacists.
| ||||||
13 | (2) Tasks and technical skills, policies, and | ||||||
14 | procedures.
| ||||||
15 | (3) Compounding, packaging, labeling, and storage.
| ||||||
16 | (4) Pharmaceutical and medical terminology.
| ||||||
17 | (5) Record keeping requirements.
| ||||||
18 | (6) The ability to perform and apply arithmetic | ||||||
19 | calculations.
| ||||||
20 | (b) Within 6 months after initial employment or changing | ||||||
21 | the duties and
responsibilities of a pharmacy technician, it
| ||||||
22 | shall be
the joint responsibility of the pharmacy and the | ||||||
23 | pharmacist in charge to
train the
pharmacy technician or obtain | ||||||
24 | proof of prior training in the areas listed in
subsection (a)
| ||||||
25 | of this Section as they relate to the practice site or to |
| |||||||
| |||||||
1 | document that the pharmacy technician is making appropriate | ||||||
2 | progress .
| ||||||
3 | (c) All divisions of pharmacies shall maintain an | ||||||
4 | up-to-date training
program
describing the duties and | ||||||
5 | responsibilities of a pharmacy technician.
| ||||||
6 | (d) All divisions of pharmacies shall create and maintain | ||||||
7 | retrievable
records
of
training or proof of training as | ||||||
8 | required in this Section.
| ||||||
9 | (Source: P.A. 92-880, eff. 1-1-04.)
| ||||||
10 | (225 ILCS 85/18) (from Ch. 111, par. 4138)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
12 | Sec. 18. Record retention. (a) Except as provided in | ||||||
13 | subsection (b), there shall be kept in every drugstore or
| ||||||
14 | pharmacy a suitable
book, file, or electronic record keeping | ||||||
15 | system in which shall be preserved
for a period of not less | ||||||
16 | than 5 years the original , or an exact, unalterable image, of | ||||||
17 | every written
prescription and the original transcript or copy | ||||||
18 | of every verbal prescription
filled, compounded, or dispensed, | ||||||
19 | in such pharmacy; and such book or
file of prescriptions shall | ||||||
20 | at all reasonable times be open to inspection
to the pharmacy | ||||||
21 | coordinator and the duly authorized agents or
employees of the | ||||||
22 | Department.
| ||||||
23 | Every prescription filled or refilled shall contain the
| ||||||
24 | unique identifiers
identifier of the persons
person authorized | ||||||
25 | to practice
pharmacy under the provision of this Act who fills |
| |||||||
| |||||||
1 | or refills the
prescription.
| ||||||
2 | Records kept pursuant to this Section may be maintained in | ||||||
3 | an alternative
data retention system, such as a direct digital | ||||||
4 | imaging system, provided that:
| ||||||
5 | (1) the records maintained in the alternative data | ||||||
6 | retention system
contain all of the information required in | ||||||
7 | a manual record;
| ||||||
8 | (2) the data processing system is capable of producing | ||||||
9 | a hard copy of the
electronic record on the request of the | ||||||
10 | Board, its representative, or other
authorized local, | ||||||
11 | State, or federal law enforcement or regulatory agency; and
| ||||||
12 | (3) the digital images are recorded and stored only by | ||||||
13 | means of a
technology that does not allow subsequent | ||||||
14 | revision or replacement of the
images.
| ||||||
15 | As used in this Section, "digital imaging system" means a | ||||||
16 | system, including
people, machines, methods of organization, | ||||||
17 | and procedures, that provides input,
storage, processing, | ||||||
18 | communications, output, and control functions for
digitized
| ||||||
19 | representations of original prescription records.
| ||||||
20 | Inpatient drug orders may be maintained
within an | ||||||
21 | institution in a manner approved by the Department.
| ||||||
22 | (b) The record retention requirements for a Division VI | ||||||
23 | pharmacy shall be set by rule. | ||||||
24 | (Source: P.A. 94-84, eff. 6-28-05.)
| ||||||
25 | (225 ILCS 85/19) (from Ch. 111, par. 4139)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
2 | Sec. 19. Nothing contained in this Act shall be construed | ||||||
3 | to prohibit
a pharmacist licensed in this State from filling or | ||||||
4 | refilling a valid
prescription for prescription drugs which is | ||||||
5 | on file in a pharmacy licensed in
any state and has been | ||||||
6 | transferred from one pharmacy to another by any means,
| ||||||
7 | including by way of electronic data processing equipment upon | ||||||
8 | the following
conditions and exceptions:
| ||||||
9 | (1) Prior to dispensing pursuant to any such prescription, | ||||||
10 | the dispensing
pharmacist shall:
| ||||||
11 | (a) Advise the patient that the prescription on file at | ||||||
12 | such other
pharmacy must be canceled before he will be able | ||||||
13 | to fill or refill it.
| ||||||
14 | (b) Determine that the prescription is valid and on | ||||||
15 | file at such other
pharmacy and that such prescription may | ||||||
16 | be filled or refilled, as requested,
in accordance with the | ||||||
17 | prescriber's intent expressed on such prescription.
| ||||||
18 | (c) Notify the pharmacy where the prescription is on | ||||||
19 | file that the
prescription must be canceled.
| ||||||
20 | (d) Record in writing the prescription order, the name | ||||||
21 | of the pharmacy
at which the prescription was on file, the | ||||||
22 | prescription number, the
name of the drug and the original | ||||||
23 | amount dispensed, the date of original
dispensing, and the | ||||||
24 | number of remaining authorized refills.
| ||||||
25 | (e) Obtain the consent of the prescriber to the | ||||||
26 | refilling of the
prescription when the prescription, in the |
| |||||||
| |||||||
1 | professional judgment of the
dispensing pharmacist, so | ||||||
2 | requires.
| ||||||
3 | (2) Upon receipt of a request for prescription information | ||||||
4 | set forth
in subparagraph (d) of paragraph (1) of this Section, | ||||||
5 | if the requested
pharmacist is satisfied in his professional | ||||||
6 | judgment that such request
is valid and legal, the requested | ||||||
7 | pharmacist shall:
| ||||||
8 | (a) Provide such information accurately and | ||||||
9 | completely.
| ||||||
10 | (b) Record electronically or, if in writing, on the | ||||||
11 | face of the prescription , the name of the requesting
| ||||||
12 | pharmacy and pharmacist and the date of request.
| ||||||
13 | (c) Cancel the prescription on file by writing the word | ||||||
14 | "void" on
its face. No further prescription information | ||||||
15 | shall be given or medication
dispensed pursuant to such | ||||||
16 | original prescription.
| ||||||
17 | (3) In the event that, after the information set forth in | ||||||
18 | subparagraph
(d) of paragraph (1) of this Section has been | ||||||
19 | provided, a prescription
is not dispensed by the requesting | ||||||
20 | pharmacist, then such pharmacist
shall provide notice of this | ||||||
21 | fact to the pharmacy from which such information
was obtained; | ||||||
22 | such notice shall then cancel the prescription in the
same | ||||||
23 | manner as set forth in subparagraph (c) of paragraph (2) of | ||||||
24 | this
Section.
| ||||||
25 | (4) When filling or refilling a valid prescription on file | ||||||
26 | in another
state, the dispensing pharmacist shall be required |
| |||||||
| |||||||
1 | to follow all the
requirements of Illinois law which apply to | ||||||
2 | the dispensing of prescription
drugs. If anything in Illinois | ||||||
3 | law prevents the filling or refilling of
the original | ||||||
4 | prescription it shall be unlawful to dispense pursuant to this
| ||||||
5 | Section.
| ||||||
6 | (5) Prescriptions for drugs in Schedules III, IV, and V of | ||||||
7 | the Illinois
Controlled Substances Act may be transferred only | ||||||
8 | once and may not be further
transferred. However, pharmacies | ||||||
9 | electronically sharing a real-time, online database may | ||||||
10 | transfer up to the maximum refills permitted by the law and the | ||||||
11 | prescriber's authorization.
| ||||||
12 | (Source: P.A. 92-880, eff. 1-1-04.)
| ||||||
13 | (225 ILCS 85/20) (from Ch. 111, par. 4140)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
15 | Sec. 20. Two or more pharmacies may establish and use a | ||||||
16 | common
electronic file to maintain required dispensing | ||||||
17 | information.
| ||||||
18 | Pharmacies using such a common electronic file are not | ||||||
19 | required to
physically transfer prescriptions or information | ||||||
20 | for dispensing purposes
between or among pharmacies | ||||||
21 | participating in the same common prescription
file; provided, | ||||||
22 | however any such common file must contain complete
and adequate | ||||||
23 | records of such prescription and refill dispensed as stated
in | ||||||
24 | Section 18.
| ||||||
25 | The Department and Board may formulate such rules and |
| |||||||
| |||||||
1 | regulations,
not inconsistent with law, as may be necessary to | ||||||
2 | carry out the purposes
of and to enforce the provisions of this | ||||||
3 | Section within the following
exception: The Department and | ||||||
4 | Board shall not impose greater requirements
on either common | ||||||
5 | electronic files or a hard copy record system.
| ||||||
6 | Drugs shall in no event be dispensed more frequently or in | ||||||
7 | larger amounts
than the prescriber ordered without direct | ||||||
8 | prescriber authorization
by way of a new prescription order.
| ||||||
9 | The dispensing by a pharmacist licensed in this State or | ||||||
10 | another state of a prescription contained in a common database | ||||||
11 | shall not constitute a transfer, provided that (i) all | ||||||
12 | pharmacies involved in the transactions pursuant to which the | ||||||
13 | prescription is dispensed and all pharmacists engaging in | ||||||
14 | dispensing functions are properly licensed, permitted, or | ||||||
15 | registered in this State or another jurisdiction, (ii) a policy | ||||||
16 | and procedures manual that governs all participating | ||||||
17 | pharmacies and pharmacists is available to the Board upon | ||||||
18 | request and includes the procedure for maintaining appropriate | ||||||
19 | records for regulatory oversight for tracking a prescription | ||||||
20 | during each stage of the filling and dispensing process, and | ||||||
21 | (iii) the pharmacists involved in filling and dispensing the | ||||||
22 | prescription and counseling the patient are identified. A | ||||||
23 | pharmacist shall be accountable for the specific tasks | ||||||
24 | performed only. | ||||||
25 | Nothing in this Section shall prohibit a pharmacist who is | ||||||
26 | exercising his or her professional judgment from dispensing |
| |||||||
| |||||||
1 | additional quantities of medication up to the total number of | ||||||
2 | dosage units authorized by the prescriber on the original | ||||||
3 | prescription and any refills. | ||||||
4 | (Source: P.A. 85-796.)
| ||||||
5 | (225 ILCS 85/22) (from Ch. 111, par. 4142)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
7 | Sec. 22. Except only in the case of a drug, medicine or | ||||||
8 | poison
which is lawfully sold or dispensed, at retail, in the | ||||||
9 | original and
unbroken package of the manufacturer, packer, or | ||||||
10 | distributor thereof,
and which package bears the original label | ||||||
11 | thereon showing the name
and address of the manufacturer, | ||||||
12 | packer, or distributor thereof, and
the name of the drug, | ||||||
13 | medicine, or poison therein contained, and the
directions for | ||||||
14 | its use, no person shall sell or dispense, at retail,
any drug, | ||||||
15 | medicine, or poison, without affixing to the box, bottle,
| ||||||
16 | vessel, or package containing the same, a label bearing the | ||||||
17 | name of
the article distinctly shown, and the directions for | ||||||
18 | its use, with
the name and address of the pharmacy wherein the | ||||||
19 | same is sold or dispensed.
However, in the case of a drug, | ||||||
20 | medicine, or poison which is sold or
dispensed pursuant to a | ||||||
21 | prescription of a physician licensed to practice
medicine in | ||||||
22 | all of its branches, licensed dentist, licensed veterinarian,
| ||||||
23 | licensed podiatrist, or therapeutically or diagnostically | ||||||
24 | certified
optometrist authorized by law to prescribe drugs or | ||||||
25 | medicines or poisons,
the label affixed to the box, bottle, |
| |||||||
| |||||||
1 | vessel, or package containing the
same shall show: (a) the name | ||||||
2 | and address of the pharmacy
wherein the same is sold or | ||||||
3 | dispensed; (b) the name or initials of
the person, authorized | ||||||
4 | to practice pharmacy under the provisions of
this Act, selling | ||||||
5 | or dispensing the same, (c) the date on which such
prescription | ||||||
6 | was filled; (d) the name of the patient; (e) the serial
number | ||||||
7 | of such prescription as filed in the prescription files; (f)
| ||||||
8 | the last name of the practitioner who prescribed such | ||||||
9 | prescriptions;
(g) the directions for use thereof as contained | ||||||
10 | in such prescription;
and (h) the proprietary name or names or | ||||||
11 | the established name or
names of the drugs, the dosage and | ||||||
12 | quantity, except as otherwise authorized
by regulation of the | ||||||
13 | Department.
The Department shall establish rules governing | ||||||
14 | labeling in Division II and
Division III pharmacies.
| ||||||
15 | (Source: P.A. 92-880, eff. 1-1-04.)
| ||||||
16 | (225 ILCS 85/22a)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
18 | Sec. 22a. Automated dispensing and storage systems. The | ||||||
19 | Department shall
establish rules
governing the use of automated | ||||||
20 | dispensing and storage systems by Division I
through V | ||||||
21 | pharmacies .
| ||||||
22 | (Source: P.A. 90-253, eff. 7-29-97.)
| ||||||
23 | (225 ILCS 85/22b new)
| ||||||
24 | Sec. 22b. Automated pharmacy systems; remote dispensing.
|
| |||||||
| |||||||
1 | (a) Automated pharmacy systems must have adequate security | ||||||
2 | and procedures to comply with federal and State laws and | ||||||
3 | regulations and maintain patient confidentiality. | ||||||
4 | (b) Access to the automated pharmacy system shall be | ||||||
5 | limited to pharmacists or personnel who are designated in | ||||||
6 | writing by the pharmacist-in-charge and have completed | ||||||
7 | documented training concerning their duties associated with | ||||||
8 | the automated pharmacy system. | ||||||
9 | (c) All drugs stored in relation to an automated pharmacy | ||||||
10 | system must be stored in compliance with this Act and the rules | ||||||
11 | adopted under this Act, including the requirements for | ||||||
12 | temperature, proper storage containers, handling of outdated | ||||||
13 | drugs, prescription dispensing, and delivery. | ||||||
14 | (d) An automated pharmacy system operated from a remote | ||||||
15 | site shall be under the continuous supervision of a provider | ||||||
16 | pharmacy pharmacist. To qualify as continuous supervision, the | ||||||
17 | pharmacist is not required to be physically present at the site | ||||||
18 | of the automated pharmacy system if the system is supervised | ||||||
19 | electronically by a pharmacist. | ||||||
20 | (e) Drugs may only be dispensed at a remote site through an | ||||||
21 | automated pharmacy system after receipt of an original | ||||||
22 | prescription drug order by a pharmacist at the provider | ||||||
23 | pharmacy. A pharmacist at the provider pharmacy must control | ||||||
24 | all operations of the automated pharmacy system and approve the | ||||||
25 | release of the initial dose of a prescription drug order. | ||||||
26 | Subsequent doses from an approved prescription drug order may |
| |||||||
| |||||||
1 | be removed from the automated medication system after this | ||||||
2 | initial approval. Any change made in the prescription drug | ||||||
3 | order shall require a new approval by a pharmacist to release | ||||||
4 | the drug. | ||||||
5 | (f) If an automated pharmacy system uses removable | ||||||
6 | cartridges or containers to store a drug, the stocking or | ||||||
7 | restocking of the cartridges or containers may occur at a | ||||||
8 | licensed repackaging facility and be sent to the provider | ||||||
9 | pharmacy to be loaded by personnel designated by the | ||||||
10 | pharmacist, provided that the individual cartridge or | ||||||
11 | container is transported to the provider pharmacy in a secure, | ||||||
12 | tamper evident container. An automated pharmacy system must use | ||||||
13 | a bar code verification or weight verification or electronic | ||||||
14 | verification or similar process to ensure that the cartridge or | ||||||
15 | container is accurately loaded into the automated pharmacy | ||||||
16 | system. The pharmacist verifying the filling and labeling shall | ||||||
17 | be responsible for ensuring that the cartridge or container is | ||||||
18 | stocked or restocked correctly by personnel designated to load | ||||||
19 | the cartridges or containers. An automated pharmacy system must | ||||||
20 | use a bar code verification, electronic, or similar process to | ||||||
21 | ensure that the proper medication is dispensed from the | ||||||
22 | automated system. A record of each transaction with the | ||||||
23 | automated pharmacy system must be maintained for one year. A | ||||||
24 | prescription dispensed from an automated pharmacy system shall | ||||||
25 | be deemed to have been certified by the pharmacist.
|
| |||||||
| |||||||
1 | (225 ILCS 85/25) (from Ch. 111, par. 4145)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 25. No person shall compound, or sell or offer for | ||||||
4 | sale, or
cause to be compounded, sold or offered for sale any | ||||||
5 | medicine or preparation
under or by a name recognized in the | ||||||
6 | United States Pharmacopoeia
National Formulary, for internal | ||||||
7 | or external use, which differs from
the standard of strength, | ||||||
8 | quality or purity as determined by the test
laid down in the | ||||||
9 | United States Pharmacopoeia National Formulary official at
the | ||||||
10 | time
of
such compounding, sale or offering for sale. Nor shall | ||||||
11 | any person
compound, sell or offer for sale, or cause to be | ||||||
12 | compounded, sold,
or offered for sale, any drug, medicine, | ||||||
13 | poison, chemical or pharmaceutical
preparation, the strength | ||||||
14 | or purity of which shall fall below the professed
standard of | ||||||
15 | strength or purity under which it is sold. Except as set forth | ||||||
16 | in Section 26 of this Act, if the physician
or other authorized | ||||||
17 | prescriber, when transmitting an oral or written
prescription, | ||||||
18 | does not prohibit drug product selection, a different
brand | ||||||
19 | name or nonbrand name drug product of the same generic name may
| ||||||
20 | be dispensed by the pharmacist, provided that the selected drug
| ||||||
21 | has
a unit price less than the drug product specified in the | ||||||
22 | prescription.
Unless prohibited by a physician, a pharmacist | ||||||
23 | may perform therapeutic interchange. A generic drug determined | ||||||
24 | to be therapeutically equivalent by the
United States Food and | ||||||
25 | Drug Administration (FDA) shall be
available for substitution | ||||||
26 | in Illinois in accordance with this
Act and the Illinois Food, |
| |||||||
| |||||||
1 | Drug and Cosmetic Act, provided that
each manufacturer submits | ||||||
2 | to the Director of the Department of Public Health a | ||||||
3 | notification containing product
technical bioequivalence | ||||||
4 | information as a prerequisite to product
substitution when they | ||||||
5 | have completed all required testing to
support FDA product | ||||||
6 | approval and, in any event, the information
shall be submitted | ||||||
7 | no later than 60 days prior to product
substitution in the | ||||||
8 | State.
The prescriber, in his or her own handwriting, shall | ||||||
9 | indicate that product substitution is prohibited by including | ||||||
10 | the term "Brand Medically Necessary" on the prescription to | ||||||
11 | guide the pharmacist in the dispensing of the prescription.
On | ||||||
12 | the prescription forms of prescribers,
shall be placed a | ||||||
13 | signature line and the words "may substitute" and
"may not | ||||||
14 | substitute". The prescriber, in his or her own handwriting,
| ||||||
15 | shall place a mark beside either the "may substitute" or "may | ||||||
16 | not substitute"
alternatives to guide the pharmacist in the | ||||||
17 | dispensing of the prescription.
A prescriber placing a mark | ||||||
18 | beside the "may substitute" alternative
or failing in his or | ||||||
19 | her own handwriting to place a mark beside either
alternative | ||||||
20 | authorizes drug product selection in accordance with this
Act.
| ||||||
21 | Preprinted or rubber stamped marks, or other deviations from
| ||||||
22 | the above prescription format shall not be permitted. The | ||||||
23 | prescriber
shall sign the form in his or her own handwriting to | ||||||
24 | authorize the
issuance of the prescription. When a person | ||||||
25 | presents a prescription
to be dispensed, the pharmacist to whom | ||||||
26 | it is presented may inform
the person if the pharmacy has |
| |||||||
| |||||||
1 | available a different brand name or
nonbrand name of the same | ||||||
2 | generic drug prescribed and the price of
the different brand | ||||||
3 | name or nonbrand name of the drug
product. If
the person | ||||||
4 | presenting the prescription is the one to whom the drug
is to | ||||||
5 | be administered, the pharmacist may dispense the prescription
| ||||||
6 | with the brand prescribed or a different brand name or nonbrand | ||||||
7 | name
product of the same generic name, if the drug is of lesser | ||||||
8 | unit cost and the
patient
is informed and agrees to the | ||||||
9 | selection and the pharmacist shall enter
such information into | ||||||
10 | the pharmacy record. If the person
presenting
the prescription | ||||||
11 | is someone other than the one to whom the drug is
to be | ||||||
12 | administered the pharmacist shall not dispense the | ||||||
13 | prescription
with a brand other than the one specified in the | ||||||
14 | prescription unless
the pharmacist has the written or oral | ||||||
15 | authorization to select brands
from the person to whom the drug | ||||||
16 | is to be administered or a parent,
legal guardian or spouse of | ||||||
17 | that person.
| ||||||
18 | In every case in which a selection is made as permitted by | ||||||
19 | the Illinois
Food, Drug and Cosmetic Act, the pharmacist shall | ||||||
20 | indicate on the pharmacy
record of the filled prescription the | ||||||
21 | name or other identification
of the manufacturer of the drug | ||||||
22 | which has been dispensed.
| ||||||
23 | The selection of any drug product by a pharmacist shall not | ||||||
24 | constitute
evidence of negligence if the selected nonlegend | ||||||
25 | drug product was of
the same dosage form and each of its active | ||||||
26 | ingredients did not vary
by more than 1 percent from the active |
| |||||||
| |||||||
1 | ingredients of the prescribed,
brand name, nonlegend drug | ||||||
2 | product. Failure of a prescribing
physician to specify that | ||||||
3 | drug product selection is prohibited does not
constitute | ||||||
4 | evidence of negligence
unless that practitioner has reasonable | ||||||
5 | cause to believe that the health
condition of the patient for | ||||||
6 | whom the physician is prescribing warrants
the use of the brand | ||||||
7 | name drug product and not another.
| ||||||
8 | The Department is authorized to employ an analyst or | ||||||
9 | chemist of recognized
or approved standing whose duty it shall | ||||||
10 | be to examine into any claimed
adulteration, illegal | ||||||
11 | substitution, improper selection, alteration,
or other | ||||||
12 | violation hereof, and report the result of his investigation,
| ||||||
13 | and if such report justify such action the Department shall | ||||||
14 | cause the
offender to be prosecuted.
| ||||||
15 | (Source: P.A. 93-841, eff. 7-30-04; 94-936, eff. 6-26-06.)
| ||||||
16 | (225 ILCS 85/25.5 new)
| ||||||
17 | Sec. 25.5. Centralized prescription filling.
A pharmacy | ||||||
18 | licensed under this Act may perform centralized prescription | ||||||
19 | filling for another pharmacy, provided that both pharmacies | ||||||
20 | have the same owner or have a written contract specifying (i) | ||||||
21 | the services to be provided by each pharmacy, (ii) the | ||||||
22 | responsibilities of each pharmacy, and (iii) the manner in | ||||||
23 | which the pharmacies shall comply with federal and State laws, | ||||||
24 | rules, and regulations. |
| |||||||
| |||||||
1 | (225 ILCS 85/25.10 new)
| ||||||
2 | Sec. 25.10. Remote prescription processing.
| ||||||
3 | (a) In this Section, "remote prescription processing" | ||||||
4 | means and includes the outsourcing of certain prescription | ||||||
5 | functions to another pharmacy or registered non-resident | ||||||
6 | pharmacy, including the dispensing of drugs. "Remote | ||||||
7 | prescription processing" does include any of the following | ||||||
8 | activities related to the dispensing process: | ||||||
9 | (1) Receiving, interpreting, analyzing, or clarifying | ||||||
10 | prescriptions. | ||||||
11 | (2) Entering prescription and patient data into a data | ||||||
12 | processing system. | ||||||
13 | (3) Transferring prescription information. | ||||||
14 | (4) Performing a drug regimen review. | ||||||
15 | (5) Obtaining refill or substitution authorizations or | ||||||
16 | otherwise communicating with the prescriber concerning a | ||||||
17 | patient's prescription. | ||||||
18 | (6) Interpreting clinical data for prior authorization | ||||||
19 | for dispensing. | ||||||
20 | (7) Performing therapeutic interventions. | ||||||
21 | (8) Providing drug information or counseling | ||||||
22 | concerning a patient's prescription to the patient or | ||||||
23 | patient's agent. | ||||||
24 | (b) A pharmacy may engage in remote prescription processing | ||||||
25 | under the following conditions: | ||||||
26 | (1) The pharmacies shall either have the same owner or |
| |||||||
| |||||||
1 | have a written contract describing the scope of services to | ||||||
2 | be provided and the responsibilities and accountabilities | ||||||
3 | of each pharmacy in compliance with all federal and State | ||||||
4 | laws and regulations related to the practice of pharmacy. | ||||||
5 | (2) The pharmacies shall share a common electronic file | ||||||
6 | or have technology that allows sufficient information | ||||||
7 | necessary to process a non-dispensing function. | ||||||
8 | (3) The records may be maintained separately by each | ||||||
9 | pharmacy or in common electronic file shared by both | ||||||
10 | pharmacies, provided that the system can produce a record | ||||||
11 | showing each processing task, the identity of the person | ||||||
12 | performing each task, and the location where each task was | ||||||
13 | performed. | ||||||
14 | (c) Nothing in this Section shall prohibit an individual | ||||||
15 | employee licensed as a pharmacist from accessing the employer | ||||||
16 | pharmacy's database from a remote location or home verification | ||||||
17 | for the purpose of performing certain prescription processing | ||||||
18 | functions, provided that the pharmacy establishes controls to | ||||||
19 | protect the privacy and security of confidential records. | ||||||
20 | (225 ILCS 85/25.15 new)
| ||||||
21 | Sec. 25.15. Telepharmacy.
| ||||||
22 | (a) In this Section, "telepharmacy" means the provision of | ||||||
23 | pharmacist care by a pharmacist that is accomplished through
| ||||||
24 | the use of telecommunications or other technologies to patients
| ||||||
25 | or their agents who are at a distance and are located within |
| |||||||
| |||||||
1 | the
United States, and which follows all federal and State | ||||||
2 | laws, rules,
and regulations with regard to privacy and | ||||||
3 | security. | ||||||
4 | (b) Any pharmacy engaged in the practice of telepharmacy | ||||||
5 | must meet all of the following conditions:
| ||||||
6 | (1) All events involving the contents of an
automated | ||||||
7 | pharmacy system must be stored in a secure location
and may | ||||||
8 | be recorded electronically. | ||||||
9 | (2) An automated pharmacy or prescription dispensing | ||||||
10 | machine system may be used in
conjunction with the | ||||||
11 | pharmacy's practice of telepharmacy. | ||||||
12 | (3) The pharmacist in charge shall: | ||||||
13 | (A) be responsible for the practice of | ||||||
14 | telepharmacy
performed at a remote pharmacy, including | ||||||
15 | the supervision of any
prescription dispensing machine | ||||||
16 | or automated medication system; | ||||||
17 | (B) ensure that the coordinating pharmacy has
| ||||||
18 | sufficient pharmacists on duty for the safe operation | ||||||
19 | and
supervision of all remote pharmacies; | ||||||
20 | (C) ensure, through the use of a video and auditory
| ||||||
21 | communication system, that a pharmacy technician at | ||||||
22 | the remote
pharmacy has accurately and correctly | ||||||
23 | prepared any prescription for
dispensing according to | ||||||
24 | the prescription; | ||||||
25 | (D) be responsible for the supervision and | ||||||
26 | training of
pharmacy technicians at remote pharmacies |
| |||||||
| |||||||
1 | who shall be subject to
all rules and regulations; and | ||||||
2 | (D) ensure that patient counseling at the remote | ||||||
3 | pharmacy is
performed by a pharmacist or pharmacist | ||||||
4 | intern. | ||||||
5 | (b) Upon the effective date of this amendatory Act of the | ||||||
6 | 95th General Assembly, a coordinating pharmacy may demonstrate | ||||||
7 | to the Board that there is limited access to pharmacy services | ||||||
8 | in the community which it seeks to serve prior to engaging in | ||||||
9 | the practice of telepharmacy via remote pharmacies and remote | ||||||
10 | dispensing sites. This demonstration shall be required only | ||||||
11 | until December 31, 2009, when this Section and its requirements | ||||||
12 | shall be repealed and no longer be a statutory prerequisite for | ||||||
13 | implementing the provisions of the Act governing remote | ||||||
14 | dispensing and telepharmacy.
| ||||||
15 | (225 ILCS 85/25.20 new)
| ||||||
16 | Sec. 25.20. Electronic visual image prescriptions. If a | ||||||
17 | pharmacy's computer system can capture an electronic visual | ||||||
18 | image of the prescription drug order, the electronic image | ||||||
19 | shall constitute the original prescription and a hard copy of | ||||||
20 | the prescription drug order is not required. The computer | ||||||
21 | system must be capable of maintaining, printing, and providing, | ||||||
22 | upon a request by the Board, the Board's compliance officers, | ||||||
23 | other authorized agents, all of the prescription information | ||||||
24 | required by State law and regulations of the Board within 72 | ||||||
25 | hours of the request.
|
| |||||||
| |||||||
1 | (225 ILCS 85/27) (from Ch. 111, par. 4147)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
3 | Sec. 27. Fees. The following fees are not refundable.
| ||||||
4 | (A) Certificate of pharmacy technician.
| ||||||
5 | (1) The fee for application for a certificate of | ||||||
6 | registration as a
pharmacy technician is $40.
| ||||||
7 | (2) The fee for the renewal of a certificate of | ||||||
8 | registration as a
pharmacy technician shall be calculated | ||||||
9 | at the rate of $25 per year.
| ||||||
10 | (B) License as a pharmacist.
| ||||||
11 | (1) The fee for application for a license is $75.
| ||||||
12 | (2) In addition, applicants for any examination as a | ||||||
13 | registered pharmacist
shall be required to pay, either to | ||||||
14 | the Department or to the designated
testing service, a fee | ||||||
15 | covering the cost of determining an applicant's
| ||||||
16 | eligibility and providing the examination. Failure to | ||||||
17 | appear for the
examination on the scheduled date, at the | ||||||
18 | time and place specified,
after the applicant's | ||||||
19 | application for examination has been received
and | ||||||
20 | acknowledged by the Department or the designated testing | ||||||
21 | service,
shall result in the forfeiture of the examination | ||||||
22 | fee.
| ||||||
23 | (3) The fee for a license as a registered pharmacist | ||||||
24 | registered or
licensed under the laws of another state or | ||||||
25 | territory of the United
States is $200.
|
| |||||||
| |||||||
1 | (4) The fee upon the renewal of a license shall be | ||||||
2 | calculated at the
rate of $75 per year.
| ||||||
3 | (5) The fee for the restoration of a certificate other | ||||||
4 | than from inactive
status is $10 plus all lapsed renewal | ||||||
5 | fees.
| ||||||
6 | (6) Applicants for the preliminary diagnostic | ||||||
7 | examination shall be
required to pay, either to the | ||||||
8 | Department or to the designated testing
service, a fee | ||||||
9 | covering the cost of determining an applicant's | ||||||
10 | eligibility
and providing the examination. Failure to | ||||||
11 | appear for the examination
on the scheduled date, at the | ||||||
12 | time and place specified, after the application
for | ||||||
13 | examination has been received and acknowledged by the | ||||||
14 | Department
or the designated testing service, shall result | ||||||
15 | in the forfeiture of
the examination fee.
| ||||||
16 | (7) The fee to have the scoring of an examination | ||||||
17 | authorized by the
Department reviewed and verified is $20 | ||||||
18 | plus any fee charged by the
applicable testing service.
| ||||||
19 | (C) License as a pharmacy.
| ||||||
20 | (1) The fee for application for a license for a | ||||||
21 | pharmacy under this
Act is $100.
| ||||||
22 | (2) The fee for the renewal of a license for a pharmacy | ||||||
23 | under this
Act shall be calculated at the rate of $100 per | ||||||
24 | year.
| ||||||
25 | (3) The fee for the change of a pharmacist-in-charge is | ||||||
26 | $25.
|
| |||||||
| |||||||
1 | (D) General Fees.
| ||||||
2 | (1) The fee for the issuance of a duplicate license, | ||||||
3 | for the issuance
of a replacement license for a license | ||||||
4 | that has been lost or destroyed
or for the issuance of a | ||||||
5 | license with a change of name or address other
than during | ||||||
6 | the renewal period is $20. No fee is required for name
and | ||||||
7 | address changes on Department records when no duplicate | ||||||
8 | certification
is issued.
| ||||||
9 | (2) The fee for a certification of a registrant's | ||||||
10 | record for any purpose
is $20.
| ||||||
11 | (3) The fee to have the scoring of an examination | ||||||
12 | administered by
the Department reviewed and verified is | ||||||
13 | $20.
| ||||||
14 | (4) The fee for a wall certificate showing licensure or | ||||||
15 | registration
shall be the actual cost of producing the | ||||||
16 | certificate.
| ||||||
17 | (5) The fee for a roster of persons licensed
registered
| ||||||
18 | as pharmacists or
registered pharmacies in this State shall | ||||||
19 | be the actual cost of producing
the roster.
| ||||||
20 | (6) The fee for pharmacy licensing, disciplinary or | ||||||
21 | investigative
records obtained pursuant to a subpoena is $1 | ||||||
22 | per page.
| ||||||
23 | (E) Except as provided in subsection (F), all moneys | ||||||
24 | received by the
Department under this Act shall be deposited in | ||||||
25 | the Illinois State Pharmacy
Disciplinary Fund hereby created in | ||||||
26 | the State Treasury and shall be used
only for the following |
| |||||||
| |||||||
1 | purposes: (a) by the State Board of Pharmacy in the
exercise of | ||||||
2 | its powers and performance of its duties, as such use is made
| ||||||
3 | by the Department upon the recommendations of the State Board | ||||||
4 | of Pharmacy,
(b) for costs directly related to license renewal | ||||||
5 | of persons licensed
under this Act, and (c) for direct and | ||||||
6 | allocable indirect costs related to
the public purposes of the | ||||||
7 | Department of Professional Regulation.
| ||||||
8 | Moneys in the Fund may be transferred to the Professions | ||||||
9 | Indirect Cost Fund
as authorized under Section 2105-300 of the | ||||||
10 | Department of
Professional Regulation Law (20 ILCS | ||||||
11 | 2105/2105-300).
| ||||||
12 | The moneys deposited in the Illinois State Pharmacy
| ||||||
13 | Disciplinary Fund shall be invested to earn interest which | ||||||
14 | shall accrue to
the Fund. The Department shall present to the | ||||||
15 | Board for its review and
comment all appropriation requests | ||||||
16 | from the Illinois State Pharmacy
Disciplinary Fund. The | ||||||
17 | Department shall give due consideration to any
comments of the | ||||||
18 | Board in making appropriation requests.
| ||||||
19 | (F) From the money received for license renewal fees, $5 | ||||||
20 | from each
pharmacist fee, and $2.50 from each pharmacy | ||||||
21 | technician fee, shall be set aside
within the Illinois State | ||||||
22 | Pharmacy Disciplinary
Fund for the purpose of supporting a | ||||||
23 | substance abuse program for
pharmacists and pharmacy | ||||||
24 | technicians. The State Board of Pharmacy shall,
pursuant to all | ||||||
25 | provisions of the Illinois Procurement Code, determine how
and | ||||||
26 | to whom
the money set aside under this subsection is disbursed.
|
| |||||||
| |||||||
1 | (G) (Blank).
| ||||||
2 | (Source: P.A. 91-239, eff. 1-1-00; 92-880, eff. 1-1-04.)
| ||||||
3 | (225 ILCS 85/30) (from Ch. 111, par. 4150)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
5 | Sec. 30. (a) In accordance with Section 11 of this Act, the | ||||||
6 | Department
may refuse to issue, restore, or renew, or may | ||||||
7 | revoke, suspend, place on
probation, or reprimand or take other | ||||||
8 | disciplinary action as the Department
may deem proper with | ||||||
9 | regard to any license or certificate of registration
or may | ||||||
10 | impose a fine upon a licensee not to exceed $1,000 per | ||||||
11 | violation for any one or combination of the following causes:
| ||||||
12 | 1. Material misstatement in furnishing information to | ||||||
13 | the Department.
| ||||||
14 | 2. Violations of this Act, or the rules promulgated | ||||||
15 | hereunder.
| ||||||
16 | 3. Making any misrepresentation for the purpose of | ||||||
17 | obtaining licenses.
| ||||||
18 | 4. A pattern of conduct which demonstrates | ||||||
19 | incompetence or unfitness
to practice.
| ||||||
20 | 5. Aiding or assisting another person in violating any | ||||||
21 | provision of
this Act or rules.
| ||||||
22 | 6. Failing, within 60 days, to respond to a written | ||||||
23 | request made by
the Department for information.
| ||||||
24 | 7. Engaging in dishonorable or , unethical or | ||||||
25 | unprofessional conduct of
a character likely to deceive, |
| |||||||
| |||||||
1 | defraud or harm the public.
| ||||||
2 | 8. Discipline by another U.S. jurisdiction or foreign | ||||||
3 | nation, if at
least one of the grounds for the discipline | ||||||
4 | is the same or substantially
equivalent to those set forth | ||||||
5 | herein.
| ||||||
6 | 9. Directly or indirectly giving to or receiving from | ||||||
7 | any person, firm,
corporation, partnership or association | ||||||
8 | any fee, commission, rebate
or other form of compensation | ||||||
9 | for any professional services not actually
or personally | ||||||
10 | rendered.
| ||||||
11 | 10. A finding by the Department that the licensee, | ||||||
12 | after having his
license placed on probationary status has | ||||||
13 | violated the terms of probation.
| ||||||
14 | 11. Selling or engaging in the sale of drug samples | ||||||
15 | provided at no
cost by drug manufacturers.
| ||||||
16 | 12. Physical illness, including but not limited to, | ||||||
17 | deterioration through
the aging process, or loss of motor | ||||||
18 | skill which results in the inability
to practice the | ||||||
19 | profession with reasonable judgment, skill or safety.
| ||||||
20 | 13. A finding that licensure or registration has been | ||||||
21 | applied for or
obtained by fraudulent means.
| ||||||
22 | 14. The applicant, or licensee has been convicted in | ||||||
23 | state or federal
court of any crime which is a felony or | ||||||
24 | any misdemeanor related to
the practice of pharmacy, of | ||||||
25 | which an essential element is dishonesty.
| ||||||
26 | 15. Habitual or excessive use or addiction to alcohol, |
| |||||||
| |||||||
1 | narcotics, stimulants
or any other chemical agent or drug | ||||||
2 | which results in the inability
to practice with reasonable | ||||||
3 | judgment, skill or safety.
| ||||||
4 | 16. Willfully making or filing false records or reports | ||||||
5 | in the practice
of pharmacy, including, but not limited to | ||||||
6 | false records to support
claims against the medical | ||||||
7 | assistance program of the Department of Healthcare and | ||||||
8 | Family Services (formerly Department of
Public Aid ) under | ||||||
9 | the Public Aid Code.
| ||||||
10 | 17. Gross and willful overcharging for professional | ||||||
11 | services including
filing false statements for collection | ||||||
12 | of fees for which services are
not rendered, including, but | ||||||
13 | not limited to, filing false statements
for collection of | ||||||
14 | monies for services not rendered from the medical
| ||||||
15 | assistance program of the Department of Healthcare and | ||||||
16 | Family Services (formerly Department of Public Aid ) under | ||||||
17 | the Public Aid Code.
| ||||||
18 | 18. Repetitiously dispensing prescription drugs | ||||||
19 | without receiving a
written or oral prescription.
| ||||||
20 | 19. Upon a finding of a substantial discrepancy in a | ||||||
21 | Department audit
of a prescription drug, including | ||||||
22 | controlled substances, as that term
is defined in this Act | ||||||
23 | or in the Illinois Controlled Substances Act.
| ||||||
24 | 20. Physical illness which results in the inability to | ||||||
25 | practice with
reasonable judgment, skill or safety, or | ||||||
26 | mental incompetence
incompetency as declared
by a court of |
| |||||||
| |||||||
1 | competent jurisdiction.
| ||||||
2 | 21. Violation of the Health Care Worker Self-Referral | ||||||
3 | Act.
| ||||||
4 | 22. Failing to sell or dispense any drug, medicine, or | ||||||
5 | poison in good
faith. "Good faith", for the purposes of | ||||||
6 | this Section, has the meaning
ascribed
to it in subsection | ||||||
7 | (u) of Section 102 of the Illinois Controlled Substances
| ||||||
8 | Act.
| ||||||
9 | 23. Interfering with the professional judgment of a | ||||||
10 | pharmacist by
any registrant under this Act, or his or her | ||||||
11 | agents or employees.
| ||||||
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
| ||||||
17 | Illinois Department of Revenue, until such time as the | ||||||
18 | requirements of any
such tax Act are satisfied.
| ||||||
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 |
| |||||||
| |||||||
1 | Act or any prior Act of this State is revoked under this
| ||||||
2 | subsection (c) shall be prohibited from engaging in the | ||||||
3 | practice of
pharmacy in this State.
| ||||||
4 | (d) In any order issued in resolution of a disciplinary | ||||||
5 | proceeding,
the Board may request any licensee found guilty of | ||||||
6 | a charge involving a
significant violation of subsection (a) of | ||||||
7 | Section 5, or paragraph 19 of
Section 30 as it pertains to | ||||||
8 | controlled substances, to pay to the
Department a fine not to | ||||||
9 | exceed $2,000.
| ||||||
10 | (e) In any order issued in resolution of a disciplinary | ||||||
11 | proceeding, in
addition to any other disciplinary action, the | ||||||
12 | Board may request any
licensee found guilty of noncompliance | ||||||
13 | with the continuing education
requirements of Section 12 to pay | ||||||
14 | the Department a fine not to exceed $1000.
| ||||||
15 | (f) The Department shall issue quarterly to the Board a | ||||||
16 | status of all
complaints related to the profession received by | ||||||
17 | the Department.
| ||||||
18 | (Source: P.A. 92-880, eff. 1-1-04; revised 12-15-05.)
| ||||||
19 | (225 ILCS 85/34.5 new)
| ||||||
20 | Sec. 34.5. Pharmacy quality improvement peer review | ||||||
21 | committees.
| ||||||
22 | (a) In this Section: | ||||||
23 | "Medication error" means a preventable prescription | ||||||
24 | mis-fill or dispensing error that is not detected and corrected | ||||||
25 | prior to distribution to the patient or the patient's agent and |
| |||||||
| |||||||
1 | that differs materially from the prescription or drug order | ||||||
2 | issued by the prescriber for that patient. | ||||||
3 | "Pharmacy quality improvement peer review committee" means | ||||||
4 | (i) a committee of a pharmacy society or association that | ||||||
5 | evaluates the quality of pharmacy services and medication | ||||||
6 | errors and makes recommendations to improve the quality of | ||||||
7 | pharmacy services, provided that any information, pharmacy | ||||||
8 | records, reports, oral or written communications or | ||||||
9 | correspondence, evidence, exhibits, prescriptions and | ||||||
10 | prescription containers, and other tangible and documentary | ||||||
11 | materials provided to the a pharmacy peer review committee | ||||||
12 | shall have all individual identifiers related to the patient, | ||||||
13 | pharmacist, or other health care provider redacted prior to | ||||||
14 | being made available to the committee or (ii) a pharmacy | ||||||
15 | committee established by a person or entity who owns a pharmacy | ||||||
16 | or employs pharmacists to evaluate the quality of pharmacy | ||||||
17 | services and medication errors and that makes recommendations | ||||||
18 | to improve the quality of pharmacy services. "Pharmacy quality | ||||||
19 | improvement peer review committee" includes the members, | ||||||
20 | employees, and agents of the committee, including assistants, | ||||||
21 | investigators, attorneys, and any other agents that serve the | ||||||
22 | committee and are necessary for the functioning of the | ||||||
23 | committee. | ||||||
24 | "Pharmacy society or association" means a membership | ||||||
25 | organization of pharmacists that is incorporated pursuant to | ||||||
26 | this State's non profit corporation laws or that is exempt from |
| |||||||
| |||||||
1 | federal income taxes pursuant to Section 501(c) of the Internal | ||||||
2 | Revenue Code of 1986. | ||||||
3 | (b) A pharmacy quality improvement peer review committee | ||||||
4 | may be established to evaluate the quality of pharmacy | ||||||
5 | services, medication errors, and pharmacist care outcomes and | ||||||
6 | to suggest improvements in pharmacy services to reduce | ||||||
7 | medication error recurrences, improve pharmacy services, and | ||||||
8 | improve pharmacist care outcomes. | ||||||
9 | (c) All pharmacy quality improvement peer review committee | ||||||
10 | actions, hearings, meetings, proceedings, communications, | ||||||
11 | determinations, root cause analyses, assessments, opinions, | ||||||
12 | reports, oral and written testimony, recommendations and | ||||||
13 | related activities, including communications received by or | ||||||
14 | made to a committee, are privileged and confidential, and may | ||||||
15 | not be subject to disclosure, discovery, subpoena, requests | ||||||
16 | under State or federal Freedom of Information Act requests or | ||||||
17 | other means of legal compulsion, and shall not be disclosed to | ||||||
18 | or used by the Board or any other regulatory or governmental | ||||||
19 | authority or person for disciplinary purposes or actions | ||||||
20 | against pharmacists, pharmacies, or other pharmacy personnel, | ||||||
21 | and are not admissible as evidence in any civil, | ||||||
22 | administrative, or other proceeding. | ||||||
23 | (d) Any pharmacist, pharmacy, health care entity, health | ||||||
24 | care provider, person, or organization in a civil, | ||||||
25 | administrative, or other proceeding may invoke the discovery | ||||||
26 | and evidentiary privileges created by this Section. |
| |||||||
| |||||||
1 | (e) Disclosure of confidential pharmacy quality | ||||||
2 | improvement peer review committee information, meetings, | ||||||
3 | hearings, proceedings, records, determinations, assessments, | ||||||
4 | root cause analyses, opinions, reports, oral and written | ||||||
5 | communications, testimony, and recommendations to an affected | ||||||
6 | pharmacist, pharmacy, or its employees or agents, health care | ||||||
7 | entity or health care provider pertinent to the matter under | ||||||
8 | review shall not constitute waiver of the privileges and | ||||||
9 | confidentiality protections provided by this Section. | ||||||
10 | (f) A committee, a pharmacy, a pharmacist, or other person | ||||||
11 | participating on the committee or any person or organization | ||||||
12 | named as a defendant in a civil or administrative proceeding as | ||||||
13 | a result of participation in the quality improvement peer | ||||||
14 | review committee may use otherwise privileged confidential | ||||||
15 | information in the committee's or person's own defense. A | ||||||
16 | plaintiff in such proceeding may disclose records or | ||||||
17 | determinations of the committee or communications to a | ||||||
18 | committee in rebuttal to information supplied by the defendant. | ||||||
19 | Any person or entity seeking access to privileged information | ||||||
20 | must plead and prove waiver of the privilege. | ||||||
21 | (g) Records of all activities undertaken by a pharmacy | ||||||
22 | quality improvement peer review committee including all | ||||||
23 | information, meetings, hearings, proceedings, records, | ||||||
24 | determinations, assessments, analyses, opinions, reports, oral | ||||||
25 | and written testimony, communications, and recommendations may | ||||||
26 | be maintained in accordance with the policies and procedures of |
| |||||||
| |||||||
1 | the committee. | ||||||
2 | (h) A cause of action does not accrue against the members, | ||||||
3 | agents, or employees of a pharmacy quality improvement peer | ||||||
4 | review committee, or persons or entities providing | ||||||
5 | information, records, or other materials to the committee, | ||||||
6 | including assistants, investigators, attorneys, and any other | ||||||
7 | agents that serve the committee and are necessary for the | ||||||
8 | functioning of the committee as a result of any act, statement, | ||||||
9 | testimony, oral or written communication, determination, | ||||||
10 | analysis, opinion, or recommendation made, communicated, or | ||||||
11 | reported, without malice, in the course of the committee acting | ||||||
12 | in accord with this Section. | ||||||
13 | (i) A committee, a pharmacy, a pharmacist, or other person | ||||||
14 | participating on a committee or their agents or representatives | ||||||
15 | may use otherwise confidential information for legitimate | ||||||
16 | internal business or professional purposes. Such use does not | ||||||
17 | constitute a waiver of the confidential and privileged nature | ||||||
18 | of pharmacy quality improvement peer review committee | ||||||
19 | information, hearings, meetings, proceedings, records, | ||||||
20 | determinations, assessments, analyses, opinions, reports, oral | ||||||
21 | and written communications, testimony, or recommendations.
| ||||||
22 | (225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
24 | Sec. 35.1. (a) If any person violates the provision of this | ||||||
25 | Act,
the
Director may, in the name of the People of the State |
| |||||||
| |||||||
1 | of Illinois, through the
Attorney General of the State of | ||||||
2 | Illinois, or the State's Attorney
of any county in which the | ||||||
3 | action is brought, petition, for an order
enjoining such | ||||||
4 | violation or for an order enforcing compliance with
this Act. | ||||||
5 | Upon the filing of a verified petition in such court, the
court | ||||||
6 | may issue a temporary restraining order, without notice or | ||||||
7 | bond,
and may preliminarily and permanently enjoin such | ||||||
8 | violation, and if
it is established that such person has | ||||||
9 | violated or is violating the
injunction, the Court may punish | ||||||
10 | the offender for contempt of court.
Proceedings under this | ||||||
11 | Section shall be in addition to, and not in
lieu of, all other | ||||||
12 | remedies and penalties provided by this Act.
| ||||||
13 | (b) If any person shall practice as a pharmacist or hold | ||||||
14 | himself
out
as a pharmacist or operate a pharmacy or drugstore, | ||||||
15 | including a nonresident
mail-order
pharmacy under Section 16a, | ||||||
16 | without being licensed under the provisions of
this
Act, then | ||||||
17 | any licensed pharmacist, any interested party or any person
| ||||||
18 | injured thereby may, in addition to the Director, petition for | ||||||
19 | relief
as provided in subsection (a) of this Section.
| ||||||
20 | Whoever knowingly practices or offers to practice in this | ||||||
21 | State without
being appropriately licensed or registered under | ||||||
22 | this Act shall be guilty
of a Class A misdemeanor and for each | ||||||
23 | subsequent conviction, shall
be guilty of a Class 4 felony.
| ||||||
24 | (c) Whenever in the opinion of the Department any person | ||||||
25 | not
licensed
in good standing under this Act violates any | ||||||
26 | provision of this Act,
the Department may issue a rule to show |
| |||||||
| |||||||
1 | cause why an order to cease
and desist should not be entered | ||||||
2 | against him. The rule shall clearly
set forth the grounds | ||||||
3 | relied upon by the Department and shall provide
a period of 7 | ||||||
4 | days from the date of the rule to file an answer to the
| ||||||
5 | satisfaction of the Department. Failure to answer to the | ||||||
6 | satisfaction
of the Department shall cause an order to cease | ||||||
7 | and desist to be issued
forthwith.
| ||||||
8 | (Source: P.A. 92-678, eff. 7-16-02.)
| ||||||
9 | (225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2008)
| ||||||
11 | Sec. 35.16. The Director may
temporarily suspend the | ||||||
12 | license of a pharmacist, pharmacy technician
or registration as | ||||||
13 | a distributor, without a hearing, simultaneously
with the | ||||||
14 | institution of proceedings for a hearing provided for in | ||||||
15 | Section
35.2 of this Act, if the Director finds that evidence | ||||||
16 | in his possession
indicates that a continuation in practice | ||||||
17 | would constitute an imminent
danger to the public. In the event | ||||||
18 | that the Director suspends, temporarily,
this license or | ||||||
19 | certificate without a hearing, a hearing by the Department
must | ||||||
20 | be held within 10 business days after such suspension has | ||||||
21 | occurred, and
be concluded without appreciable delay.
| ||||||
22 | (Source: P.A. 85-796.)
| ||||||
23 | (225 ILCS 85/35.19) (from Ch. 111, par. 4155.19)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2008)
|
| |||||||
| |||||||
1 | Sec. 35.19. Any person who is found to have violated any | ||||||
2 | provision of
this Act is guilty of a Class A misdemeanor. On | ||||||
3 | conviction of a second or
subsequent offense, the violator | ||||||
4 | shall be guilty of a Class 4 felony. All
criminal fines, | ||||||
5 | monies, or other property collected or received by the
| ||||||
6 | Department under this Section or any other State or federal | ||||||
7 | statute,
including, but not limited to, property forfeited to | ||||||
8 | the Department under
Section 505 of The Illinois Controlled | ||||||
9 | Substances Act, shall be deposited
into the Illinois State | ||||||
10 | Pharmacy Disciplinary
Professional Regulation Evidence Fund.
| ||||||
11 | (Source: P.A. 86-685.)
| ||||||
12 | Section 80. The Veterinary Medicine and Surgery Practice | ||||||
13 | Act of 2004 is amended by changing Section 17 as follows:
| ||||||
14 | (225 ILCS 115/17) (from Ch. 111, par. 7017)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
16 | Sec. 17. Any person licensed under this Act who dispenses | ||||||
17 | any drug
or medicine shall dispense such drug or medicine in | ||||||
18 | good faith and shall
affix to the container containing the same | ||||||
19 | a label indicating: (a) the date
on which such drug or medicine | ||||||
20 | is dispensed, (b) the name of the owner,
(c) the last name of | ||||||
21 | the person dispensing such drug or medicine, (d)
directions for | ||||||
22 | use thereof, including dosage and quantity, and (e) the
| ||||||
23 | proprietary or generic name of the drug or medicine, except as | ||||||
24 | otherwise
authorized by rules of the Department. This Section |
| |||||||
| |||||||
1 | shall not apply to
drugs and medicines that are in a container | ||||||
2 | which bears a label of the
manufacturer with information | ||||||
3 | describing its contents that are in
compliance with | ||||||
4 | requirements of the Federal Food, Drug, and Cosmetic Act or
the | ||||||
5 | Illinois Food, Drug and Cosmetic Act, approved June 29, 1967, | ||||||
6 | as
amended, and which are dispensed without consideration by a | ||||||
7 | practitioner
licensed under this Act. "Drug" and "medicine" | ||||||
8 | have the meanings ascribed
to them in the Pharmacy Practice Act | ||||||
9 | of 1987 , as amended, and "good faith"
has the meaning ascribed | ||||||
10 | to it in subsection (v) of Section 102 of the
"Illinois | ||||||
11 | Controlled Substances Act", approved August 16, 1971, as | ||||||
12 | amended.
| ||||||
13 | (Source: P.A. 85-1209 .)
| ||||||
14 | Section 85. The Illinois Public Aid Code is amended by | ||||||
15 | changing Section 8A-7.1 as follows:
| ||||||
16 | (305 ILCS 5/8A-7.1) (from Ch. 23, par. 8A-7.1)
| ||||||
17 | Sec. 8A-7.1. The Director, upon making a
determination | ||||||
18 | based upon information in the possession of the Illinois
| ||||||
19 | Department, that continuation in practice of a licensed health | ||||||
20 | care
professional would constitute an immediate danger to the | ||||||
21 | public, shall submit
a written communication to the Director of | ||||||
22 | Professional Regulation indicating
such determination and
| ||||||
23 | additionally providing a complete summary of the information | ||||||
24 | upon which
such determination is based, and recommending that |
| |||||||
| |||||||
1 | the Director of
Professional Regulation immediately suspend | ||||||
2 | such person's
license. All relevant evidence, or copies | ||||||
3 | thereof, in the Illinois
Department's possession may also be | ||||||
4 | submitted in conjunction with the written
communication. A copy | ||||||
5 | of such written communication, which is exempt from
the copying | ||||||
6 | and inspection provisions of the Freedom of Information Act,
| ||||||
7 | shall at the time of submittal to the Director
of Professional | ||||||
8 | Regulation
be simultaneously mailed to the last known business | ||||||
9 | address of such licensed
health care professional by certified | ||||||
10 | or registered postage, United States
Mail, return receipt | ||||||
11 | requested. Any evidence, or copies thereof, which is
submitted | ||||||
12 | in conjunction with the written communication is also exempt | ||||||
13 | from
the copying and inspection provisions of the Freedom of | ||||||
14 | Information Act.
| ||||||
15 | The Director, upon making a determination based upon | ||||||
16 | information in the
possession of the Illinois Department, that | ||||||
17 | a licensed health care
professional is willfully committing | ||||||
18 | fraud upon the Illinois Department's
medical assistance | ||||||
19 | program, shall submit a written communication to the
Director | ||||||
20 | of Professional Regulation indicating such
determination and | ||||||
21 | additionally providing a complete summary of the
information | ||||||
22 | upon which such determination is based. All relevant evidence,
| ||||||
23 | or copies thereof, in the Illinois Department's possession may | ||||||
24 | also be
submitted in conjunction with the written | ||||||
25 | communication.
| ||||||
26 | Upon receipt of such written communication, the Director of
|
| |||||||
| |||||||
1 | Professional Regulation shall promptly investigate the
| ||||||
2 | allegations contained in such written communication. A copy of | ||||||
3 | such
written communication, which is exempt from the copying | ||||||
4 | and inspection
provisions of the Freedom of Information Act, | ||||||
5 | shall at the time of
submission to the Director of Professional | ||||||
6 | Regulation,
be simultaneously mailed to the last known address | ||||||
7 | of such licensed health
care professional by certified or | ||||||
8 | registered postage, United States Mail,
return receipt | ||||||
9 | requested. Any evidence, or copies thereof, which
is submitted | ||||||
10 | in conjunction with the written communication is also exempt
| ||||||
11 | from the copying and inspection provisions of the Freedom of | ||||||
12 | Information Act.
| ||||||
13 | For the purposes of this Section, "licensed health care | ||||||
14 | professional"
means any person licensed under the Illinois | ||||||
15 | Dental Practice Act, the Nursing
and Advanced Practice Nursing | ||||||
16 | Act, the Medical Practice Act of 1987, the
Pharmacy Practice | ||||||
17 | Act of 1987 , the Podiatric Medical Practice Act of 1987,
or the | ||||||
18 | Illinois Optometric Practice Act of 1987.
| ||||||
19 | (Source: P.A. 92-651, eff. 7-11-02.)
| ||||||
20 | Section 90. The Elder Abuse and Neglect Act is amended by | ||||||
21 | changing Section 2 as follows:
| ||||||
22 | (320 ILCS 20/2) (from Ch. 23, par. 6602)
| ||||||
23 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
24 | context
requires otherwise:
|
| |||||||
| |||||||
1 | (a) "Abuse" means causing any physical, mental or sexual | ||||||
2 | injury to an
eligible adult, including exploitation of such | ||||||
3 | adult's financial resources.
| ||||||
4 | Nothing in this Act shall be construed to mean that an | ||||||
5 | eligible adult is a
victim of abuse, neglect, or self-neglect | ||||||
6 | for the sole reason that he or she is being
furnished with or | ||||||
7 | relies upon treatment by spiritual means through prayer
alone, | ||||||
8 | in accordance with the tenets and practices of a recognized | ||||||
9 | church
or religious denomination.
| ||||||
10 | Nothing in this Act shall be construed to mean that an | ||||||
11 | eligible adult is a
victim of abuse because of health care | ||||||
12 | services provided or not provided by
licensed health care | ||||||
13 | professionals.
| ||||||
14 | (a-5) "Abuser" means a person who abuses, neglects, or | ||||||
15 | financially
exploits an eligible adult.
| ||||||
16 | (a-7) "Caregiver" means a person who either as a result of | ||||||
17 | a family
relationship, voluntarily, or in exchange for | ||||||
18 | compensation has assumed
responsibility for all or a portion of | ||||||
19 | the care of an eligible adult who needs
assistance with | ||||||
20 | activities of daily
living.
| ||||||
21 | (b) "Department" means the Department on Aging of the State | ||||||
22 | of Illinois.
| ||||||
23 | (c) "Director" means the Director of the Department.
| ||||||
24 | (d) "Domestic living situation" means a residence where the | ||||||
25 | eligible
adult lives alone or with his or her family or a | ||||||
26 | caregiver, or others,
or a board and care home or other |
| |||||||
| |||||||
1 | community-based unlicensed facility, but
is not:
| ||||||
2 | (1) A licensed facility as defined in Section 1-113 of | ||||||
3 | the Nursing Home
Care Act;
| ||||||
4 | (2) A "life care facility" as defined in the Life Care | ||||||
5 | Facilities Act;
| ||||||
6 | (3) A home, institution, or other place operated by the | ||||||
7 | federal
government or agency thereof or by the State of | ||||||
8 | Illinois;
| ||||||
9 | (4) A hospital, sanitarium, or other institution, the | ||||||
10 | principal activity
or business of which is the diagnosis, | ||||||
11 | care, and treatment of human illness
through the | ||||||
12 | maintenance and operation of organized facilities | ||||||
13 | therefor,
which is required to be licensed under the | ||||||
14 | Hospital Licensing Act;
| ||||||
15 | (5) A "community living facility" as defined in the | ||||||
16 | Community Living
Facilities Licensing Act;
| ||||||
17 | (6) A "community residential alternative" as defined | ||||||
18 | in the Community
Residential Alternatives Licensing Act;
| ||||||
19 | (7) A "community-integrated living arrangement" as | ||||||
20 | defined in
the Community-Integrated Living Arrangements | ||||||
21 | Licensure and Certification Act;
| ||||||
22 | (8) An assisted living or shared housing establishment | ||||||
23 | as defined in the Assisted Living and Shared Housing Act; | ||||||
24 | or
| ||||||
25 | (9) A supportive living facility as described in | ||||||
26 | Section 5-5.01a of the Illinois Public Aid Code.
|
| |||||||
| |||||||
1 | (e) "Eligible adult" means a person 60 years of age or | ||||||
2 | older who
resides in a domestic living situation and is, or is | ||||||
3 | alleged
to be, abused, neglected, or financially exploited by | ||||||
4 | another individual or who neglects himself or herself.
| ||||||
5 | (f) "Emergency" means a situation in which an eligible | ||||||
6 | adult is living
in conditions presenting a risk of death or | ||||||
7 | physical, mental or sexual
injury and the provider agency has | ||||||
8 | reason to believe the eligible adult is
unable to
consent to | ||||||
9 | services which would alleviate that risk.
| ||||||
10 | (f-5) "Mandated reporter" means any of the following | ||||||
11 | persons
while engaged in carrying out their professional | ||||||
12 | duties:
| ||||||
13 | (1) a professional or professional's delegate while | ||||||
14 | engaged in: (i) social
services, (ii) law enforcement, | ||||||
15 | (iii) education, (iv) the care of an eligible
adult or | ||||||
16 | eligible adults, or (v) any of the occupations required to | ||||||
17 | be licensed
under
the Clinical Psychologist Licensing Act, | ||||||
18 | the Clinical Social Work and Social
Work Practice Act, the | ||||||
19 | Illinois Dental Practice Act, the Dietetic and Nutrition
| ||||||
20 | Services Practice Act, the Marriage and Family Therapy | ||||||
21 | Licensing Act, the
Medical Practice Act of 1987, the | ||||||
22 | Naprapathic Practice Act, the
Nursing and Advanced | ||||||
23 | Practice Nursing Act, the Nursing Home
Administrators | ||||||
24 | Licensing and
Disciplinary Act, the Illinois Occupational | ||||||
25 | Therapy Practice Act, the Illinois
Optometric Practice Act | ||||||
26 | of 1987, the Pharmacy Practice Act of 1987 , the
Illinois |
| |||||||
| |||||||
1 | Physical Therapy Act, the Physician Assistant Practice Act | ||||||
2 | of 1987,
the Podiatric Medical Practice Act of 1987, the | ||||||
3 | Respiratory Care Practice
Act,
the Professional Counselor | ||||||
4 | and
Clinical Professional Counselor Licensing Act, the | ||||||
5 | Illinois Speech-Language
Pathology and Audiology Practice | ||||||
6 | Act, the Veterinary Medicine and Surgery
Practice Act of | ||||||
7 | 2004, and the Illinois Public Accounting Act;
| ||||||
8 | (2) an employee of a vocational rehabilitation | ||||||
9 | facility prescribed or
supervised by the Department of | ||||||
10 | Human Services;
| ||||||
11 | (3) an administrator, employee, or person providing | ||||||
12 | services in or through
an unlicensed community based | ||||||
13 | facility;
| ||||||
14 | (4) any religious practitioner who provides treatment | ||||||
15 | by prayer or spiritual means alone in accordance with the | ||||||
16 | tenets and practices of a recognized church or religious | ||||||
17 | denomination, except as to information received in any | ||||||
18 | confession or sacred communication enjoined by the | ||||||
19 | discipline of the religious denomination to be held | ||||||
20 | confidential;
| ||||||
21 | (5) field personnel of the Department of Healthcare and | ||||||
22 | Family Services, Department of Public
Health, and | ||||||
23 | Department of Human Services, and any county or
municipal | ||||||
24 | health department;
| ||||||
25 | (6) personnel of the Department of Human Services, the | ||||||
26 | Guardianship and
Advocacy Commission, the State Fire |
| |||||||
| |||||||
1 | Marshal, local fire departments, the
Department on Aging | ||||||
2 | and its subsidiary Area Agencies on Aging and provider
| ||||||
3 | agencies, and the Office of State Long Term Care Ombudsman;
| ||||||
4 | (7) any employee of the State of Illinois not otherwise | ||||||
5 | specified herein
who is involved in providing services to | ||||||
6 | eligible adults, including
professionals providing medical | ||||||
7 | or rehabilitation services and all
other persons having | ||||||
8 | direct contact with eligible adults;
| ||||||
9 | (8) a person who performs the duties of a coroner
or | ||||||
10 | medical examiner; or
| ||||||
11 | (9) a person who performs the duties of a paramedic or | ||||||
12 | an emergency
medical
technician.
| ||||||
13 | (g) "Neglect" means
another individual's failure to | ||||||
14 | provide an eligible
adult with or willful withholding from an | ||||||
15 | eligible adult the necessities of
life including, but not | ||||||
16 | limited to, food, clothing, shelter or health care.
This | ||||||
17 | subsection does not create any new affirmative duty to provide | ||||||
18 | support to
eligible adults. Nothing in this Act shall be | ||||||
19 | construed to mean that an
eligible adult is a victim of neglect | ||||||
20 | because of health care services provided
or not provided by | ||||||
21 | licensed health care professionals.
| ||||||
22 | (h) "Provider agency" means any public or nonprofit agency | ||||||
23 | in a planning
and service area appointed by the regional | ||||||
24 | administrative agency with prior
approval by the Department on | ||||||
25 | Aging to receive and assess reports of
alleged or suspected | ||||||
26 | abuse, neglect, or financial exploitation.
|
| |||||||
| |||||||
1 | (i) "Regional administrative agency" means any public or | ||||||
2 | nonprofit
agency in a planning and service area so designated | ||||||
3 | by the Department,
provided that the designated Area Agency on | ||||||
4 | Aging shall be designated the
regional administrative agency if | ||||||
5 | it so requests.
The Department shall assume the functions of | ||||||
6 | the regional administrative
agency for any planning and service | ||||||
7 | area where another agency is not so
designated.
| ||||||
8 | (i-5) "Self-neglect" means a condition that is the result | ||||||
9 | of an eligible adult's inability, due to physical or mental | ||||||
10 | impairments, or both, or a diminished capacity, to perform | ||||||
11 | essential self-care tasks that substantially threaten his or | ||||||
12 | her own health, including: providing essential food, clothing, | ||||||
13 | shelter, and health care; and obtaining goods and services | ||||||
14 | necessary to maintain physical health, mental health, | ||||||
15 | emotional well-being, and general safety.
| ||||||
16 | (j) "Substantiated case" means a reported case of alleged | ||||||
17 | or suspected
abuse, neglect, financial exploitation, or | ||||||
18 | self-neglect in which a provider agency,
after assessment, | ||||||
19 | determines that there is reason to believe abuse,
neglect, or | ||||||
20 | financial exploitation has occurred.
| ||||||
21 | (Source: P.A. 93-281 eff. 12-31-03; 93-300, eff. 1-1-04; | ||||||
22 | 94-1064, eff. 1-1-07.)
| ||||||
23 | Section 95. The Senior Citizens and Disabled Persons | ||||||
24 | Property Tax Relief and
Pharmaceutical Assistance Act is | ||||||
25 | amended by changing Section 3.17 as follows:
|
| |||||||
| |||||||
1 | (320 ILCS 25/3.17) (from Ch. 67 1/2, par. 403.17)
| ||||||
2 | Sec. 3.17. "Authorized pharmacy" means any pharmacy | ||||||
3 | registered
in this State under the Pharmacy Practice Act of | ||||||
4 | 1987 .
| ||||||
5 | (Source: P.A. 85-1209.)
| ||||||
6 | Section 100. The Illinois Prescription Drug Discount
| ||||||
7 | Program Act is amended by changing Section 15 as follows:
| ||||||
8 | (320 ILCS 55/15)
| ||||||
9 | Sec. 15. Definitions. As used in this Act:
| ||||||
10 | "Authorized pharmacy" means any pharmacy registered in | ||||||
11 | this State under the
Pharmacy Practice Act of 1987 or approved | ||||||
12 | by the Department of Financial and Professional Regulation and | ||||||
13 | approved by the Department or its program
administrator.
| ||||||
14 | "AWP" or "average wholesale price" means the amount | ||||||
15 | determined from the
latest publication of the Red Book, a | ||||||
16 | universally subscribed pharmacist
reference guide
annually | ||||||
17 | published by the Hearst Corporation. "AWP" or "average | ||||||
18 | wholesale
price"
may also be derived electronically from the | ||||||
19 | drug pricing database synonymous
with the
latest publication of | ||||||
20 | the Red Book and furnished in the National Drug Data File
| ||||||
21 | (NDDF)
by First Data Bank (FDB), a service of the Hearst | ||||||
22 | Corporation.
| ||||||
23 | "Covered medication" means any medication included in the |
| |||||||
| |||||||
1 | Illinois Prescription Drug Discount Program.
| ||||||
2 | "Department" means the Department of Healthcare and Family | ||||||
3 | Services.
| ||||||
4 | "Director" means the Director of Healthcare and Family | ||||||
5 | Services.
| ||||||
6 | "Drug manufacturer" means any entity (1) that is located | ||||||
7 | within or outside
Illinois
that is engaged in (i) the | ||||||
8 | production, preparation, propagation, compounding,
conversion,
| ||||||
9 | or processing of prescription drug products covered under the | ||||||
10 | program, either
directly or
indirectly by extraction from | ||||||
11 | substances of natural origin, independently by
means of
| ||||||
12 | chemical synthesis, or by a combination of extraction and | ||||||
13 | chemical synthesis or
(ii) the
packaging, repackaging, | ||||||
14 | leveling, labeling, or distribution of prescription
drug | ||||||
15 | products
covered under the program and (2) that elects to | ||||||
16 | provide prescription drugs
either directly
or under contract | ||||||
17 | with any entity providing prescription drug services on
behalf | ||||||
18 | of the
State of Illinois. "Drug manufacturer", however, does | ||||||
19 | not include a wholesale
distributor
of drugs or a retail | ||||||
20 | pharmacy licensed under Illinois law.
| ||||||
21 | "Federal Poverty Limit" or "FPL" means the Federal Poverty | ||||||
22 | Income Guidelines published annually in the Federal Register.
| ||||||
23 | "Prescription drug" means any prescribed drug that may be | ||||||
24 | legally dispensed
by
an authorized pharmacy.
| ||||||
25 | "Program" means the Illinois Prescription Drug
Discount | ||||||
26 | Program created
under this Act.
|
| |||||||
| |||||||
1 | "Program administrator" means the entity that is chosen by | ||||||
2 | the Department to
administer the program. The program | ||||||
3 | administrator may, in this case, be the
Director or
a Pharmacy | ||||||
4 | Benefits Manager (PBM) chosen to subcontract with the Director.
| ||||||
5 | "Rules" includes rules adopted and forms prescribed by the | ||||||
6 | Department.
| ||||||
7 | (Source: P.A. 93-18, eff. 7-1-03; 94-86, eff. 1-1-06.)
| ||||||
8 | Section 105. The Illinois Food, Drug and Cosmetic Act is | ||||||
9 | amended by changing Sections 2.22, 3.14 and 3.21 as follows:
| ||||||
10 | (410 ILCS 620/2.22) (from Ch. 56 1/2, par. 502.22)
| ||||||
11 | Sec. 2.22. "Drug product selection", as used in Section | ||||||
12 | 3.14 of
this Act, means the act of selecting the source of | ||||||
13 | supply of a drug product
in a specified dosage form in | ||||||
14 | accordance with Section 3.14 of this Act
and Section 25 of the | ||||||
15 | Pharmacy Practice Act of 1987 .
| ||||||
16 | (Source: P.A. 85-1209.)
| ||||||
17 | (410 ILCS 620/3.14) (from Ch. 56 1/2, par. 503.14)
| ||||||
18 | Sec. 3.14. Dispensing or causing to be dispensed a | ||||||
19 | different drug in
place of the drug or brand of drug ordered or | ||||||
20 | prescribed without the
express permission of the person | ||||||
21 | ordering or prescribing.
Except as set forth in Section 26 of | ||||||
22 | the Pharmacy Practice Act, this Section does not prohibit the | ||||||
23 | interchange of different brands
of the same generically |
| |||||||
| |||||||
1 | equivalent drug product, when the drug
products
are not | ||||||
2 | required to bear the legend "Caution: Federal law prohibits | ||||||
3 | dispensing
without prescription", provided that the same | ||||||
4 | dosage form is dispensed and
there is no greater than 1% | ||||||
5 | variance in the stated amount of each active
ingredient of the | ||||||
6 | drug products.
A generic drug determined to be therapeutically | ||||||
7 | equivalent by the
United States Food and Drug Administration | ||||||
8 | (FDA) shall be available
for substitution in Illinois in | ||||||
9 | accordance with this Act and the
Pharmacy Practice Act of 1987 , | ||||||
10 | provided that each manufacturer
submits to the Director of the | ||||||
11 | Department of Public Health a notification containing product | ||||||
12 | technical
bioequivalence information as a prerequisite to | ||||||
13 | product
substitution when they have completed all required | ||||||
14 | testing to
support FDA product approval and, in any event, the | ||||||
15 | information
shall be submitted no later than 60 days prior to | ||||||
16 | product
substitution in the State.
| ||||||
17 | (Source: P.A. 93-841, eff. 7-30-04; 94-936, eff. 6-26-06.)
| ||||||
18 | (410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
| ||||||
19 | Sec. 3.21. Except as authorized by this Act, the Controlled | ||||||
20 | Substances
Act, the Pharmacy Practice Act of 1987 , the Dental | ||||||
21 | Practice Act, the Medical
Practice Act of 1987, the Veterinary | ||||||
22 | Medicine and Surgery Practice Act of
2004, or the Podiatric | ||||||
23 | Medical Practice Act of 1987, to sell or dispense a
| ||||||
24 | prescription drug without a prescription.
| ||||||
25 | (Source: P.A. 93-281, eff. 12-31-03.)
|
| |||||||
| |||||||
1 | Section 110. The Uniform Hazardous Substances Act of | ||||||
2 | Illinois is amended by changing Section 13 as follows:
| ||||||
3 | (430 ILCS 35/13) (from Ch. 111 1/2, par. 263)
| ||||||
4 | Sec. 13. This Act shall not apply to:
| ||||||
5 | (1) Any carrier, while lawfully engaged in transporting a | ||||||
6 | hazardous
substance within this State, if such carrier shall, | ||||||
7 | upon request, permit
the Director or his designated agent to | ||||||
8 | copy all records showing the
transactions in and movements of | ||||||
9 | the articles;
| ||||||
10 | (2) Public Officials of this State and of the federal | ||||||
11 | government engaged
in the performance of their official duties;
| ||||||
12 | (3) The manufacturer or shipper of a hazardous substance | ||||||
13 | for experimental use only:
| ||||||
14 | (a) By or under the supervision of an agency of this State | ||||||
15 | or of the federal
government authorized by law to conduct | ||||||
16 | research in the field of hazardous
substances; or
| ||||||
17 | (b) By others if the hazardous substance is not sold and if | ||||||
18 | the
container thereof is plainly and conspicuously marked "For | ||||||
19 | experimental use
only -- Not to be sold", together with the | ||||||
20 | manufacturer's name and address;
provided, however, that if a | ||||||
21 | written permit has been obtained from the
Director, hazardous | ||||||
22 | substances may be sold for experimental purposes
subject to | ||||||
23 | such restrictions and conditions as may be set forth in the | ||||||
24 | permit;
|
| |||||||
| |||||||
1 | (4) Any food, drug or cosmetic subject to the Federal Food, | ||||||
2 | Drug and
Cosmetic Act or to the Illinois Food, Drug and | ||||||
3 | Cosmetic Act, or to
preparations, drugs and chemicals which are | ||||||
4 | dispensed by pharmacists
authorized by and pursuant to the | ||||||
5 | Pharmacy Practice Act of 1987 ; provided
that this Act shall | ||||||
6 | apply to any pressurized container
containing a food, drug, | ||||||
7 | cosmetic, chemical or other preparation.
| ||||||
8 | (5) Any economic poison subject to the Federal Insecticide, | ||||||
9 | Fungicide
and Rodenticide Act, or to the "Illinois Pesticide | ||||||
10 | Act", approved
August 14, 1979, as amended, but shall
apply to | ||||||
11 | any article which is not itself an economic poison within the | ||||||
12 | meaning
of the Federal Insecticide, Fungicide and Rodenticide | ||||||
13 | Act or the Illinois
Pesticide Act, approved August 14, 1979, as | ||||||
14 | amended, but which
is a hazardous substance within the meaning | ||||||
15 | of Section
2-4 of this Act, by reason of bearing or containing | ||||||
16 | such an economic poison.
| ||||||
17 | (6) Fuel used primarily for cooking, heating or | ||||||
18 | refrigeration when stored
in containers and used in the | ||||||
19 | heating, cooking or refrigeration system of a household.
| ||||||
20 | (7) Any article of wearing apparel, bedding, fabric, doll | ||||||
21 | or toy which
is subject to the provisions of the Illinois | ||||||
22 | Flammable Fabrics and Toys
Act, by reason of its flammable | ||||||
23 | nature, but this Act shall apply to such
article if it bears or | ||||||
24 | contains a substance or mixture of substances which
is toxic, | ||||||
25 | corrosive, an irritant, strong sensitizer, or which generates
| ||||||
26 | pressure through decomposition, heat or other means and which |
| |||||||
| |||||||
1 | may cause
substantial personal injury or illness during or as a | ||||||
2 | proximate result of
any customary or reasonably anticipated | ||||||
3 | handling or use including
reasonably foreseeable ingestion by | ||||||
4 | children.
| ||||||
5 | (8) Any source material, special nuclear material, or | ||||||
6 | by-product
material as defined in the Atomic Energy Act of | ||||||
7 | 1954, as amended, and
regulations issued pursuant thereto by | ||||||
8 | the Atomic Energy Commission.
| ||||||
9 | (9) The labeling of any equipment or facilities for the | ||||||
10 | use, storage,
transportation, or manufacture of any hazardous | ||||||
11 | material which is required
to be placarded by "An Act to | ||||||
12 | require labeling of equipment and facilities
for the use, | ||||||
13 | transportation, storage and manufacture of hazardous materials
| ||||||
14 | and to provide for a uniform response system to hazardous | ||||||
15 | materials
emergencies", approved August 26, 1976, as amended.
| ||||||
16 | The Director may exempt from the requirements established | ||||||
17 | by or pursuant
to this Act any hazardous substance or container | ||||||
18 | of a hazardous substance
with respect to which he finds | ||||||
19 | adequate requirements satisfying the
purposes of this Act have | ||||||
20 | been established by or pursuant to and in
compliance with any | ||||||
21 | other federal or state law.
| ||||||
22 | (Source: P.A. 85-1209.)
| ||||||
23 | Section 115. The Illinois Abortion Law of 1975 is amended | ||||||
24 | by changing Section 11 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 510/11) (from Ch. 38, par. 81-31)
| ||||||
2 | Sec. 11. (1) Any person who intentionally violates any | ||||||
3 | provision of this
Law commits a Class A misdemeanor unless a | ||||||
4 | specific penalty is otherwise
provided. Any person who | ||||||
5 | intentionally falsifies any writing required by
this Law | ||||||
6 | commits a Class A misdemeanor.
| ||||||
7 | Intentional, knowing, reckless, or negligent violations of | ||||||
8 | this Law shall
constitute unprofessional conduct which causes | ||||||
9 | public harm under Section
22 of the Medical Practice Act of | ||||||
10 | 1987, as amended; Sections
10-45 and 15-50 of
the
Nursing and | ||||||
11 | Advanced Practice Nursing Act, and
Section 21 of the Physician | ||||||
12 | Assistant
Practice Act of 1987, as amended.
| ||||||
13 | Intentional, knowing, reckless or negligent violations of | ||||||
14 | this Law will
constitute grounds for refusal, denial, | ||||||
15 | revocation,
suspension, or withdrawal of license, certificate, | ||||||
16 | or permit under Section
30 of the Pharmacy Practice Act of | ||||||
17 | 1987 , as amended; Section 7 of
the Ambulatory Surgical | ||||||
18 | Treatment Center
Act, effective July 19, 1973, as amended; and | ||||||
19 | Section 7 of the Hospital
Licensing Act.
| ||||||
20 | (2) Any hospital or licensed facility which, or any
| ||||||
21 | physician who intentionally, knowingly, or recklessly
fails to | ||||||
22 | submit a complete report to the Department in accordance with | ||||||
23 | the
provisions of Section 10 of this Law and any person who | ||||||
24 | intentionally,
knowingly, recklessly or negligently fails to | ||||||
25 | maintain the confidentiality
of any reports required under this | ||||||
26 | Law or reports required by
Sections 10.1 or 12 of this Law |
| |||||||
| |||||||
1 | commits a Class B misdemeanor.
| ||||||
2 | (3) Any person who sells any drug, medicine, instrument or | ||||||
3 | other
substance which he knows to be an abortifacient and which | ||||||
4 | is in fact an
abortifacient, unless upon prescription of a | ||||||
5 | physician, is guilty of a
Class B misdemeanor. Any person who | ||||||
6 | prescribes or administers any instrument,
medicine, drug or | ||||||
7 | other substance or device, which he knows to be an
| ||||||
8 | abortifacient, and which is in fact an abortifacient, and | ||||||
9 | intentionally,
knowingly or recklessly fails to inform the | ||||||
10 | person for whom it is
prescribed or upon whom it is | ||||||
11 | administered that it is an abortifacient
commits a Class C | ||||||
12 | misdemeanor.
| ||||||
13 | (4) Any person who intentionally, knowingly or recklessly
| ||||||
14 | performs upon a woman what he represents to that woman to be an
| ||||||
15 | abortion when he knows or should know that she is not pregnant | ||||||
16 | commits
a Class 2 felony and shall be answerable in
civil | ||||||
17 | damages equal to 3 times the amount of proved damages.
| ||||||
18 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
19 | Section 120. The Illinois Controlled Substances Act is | ||||||
20 | amended by changing Section 102 as follows: | ||||||
21 | (720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||||||
22 | Sec. 102. Definitions. As used in this Act, unless the | ||||||
23 | context
otherwise requires:
| ||||||
24 | (a) "Addict" means any person who habitually uses any drug, |
| |||||||
| |||||||
1 | chemical,
substance or dangerous drug other than alcohol so as | ||||||
2 | to endanger the public
morals, health, safety or welfare or who | ||||||
3 | is so far addicted to the use of a
dangerous drug or controlled | ||||||
4 | substance other than alcohol as to have lost
the power of self | ||||||
5 | control with reference to his addiction.
| ||||||
6 | (b) "Administer" means the direct application of a | ||||||
7 | controlled
substance, whether by injection, inhalation, | ||||||
8 | ingestion, or any other
means, to the body of a patient, | ||||||
9 | research subject, or animal (as
defined by the Humane | ||||||
10 | Euthanasia in Animal Shelters Act) by:
| ||||||
11 | (1) a practitioner (or, in his presence, by his | ||||||
12 | authorized agent),
| ||||||
13 | (2) the patient or research subject at the lawful | ||||||
14 | direction of the
practitioner, or
| ||||||
15 | (3) a euthanasia technician as defined by the Humane | ||||||
16 | Euthanasia in
Animal Shelters Act.
| ||||||
17 | (c) "Agent" means an authorized person who acts on behalf | ||||||
18 | of or at
the direction of a manufacturer, distributor, or | ||||||
19 | dispenser. It does not
include a common or contract carrier, | ||||||
20 | public warehouseman or employee of
the carrier or warehouseman.
| ||||||
21 | (c-1) "Anabolic Steroids" means any drug or hormonal | ||||||
22 | substance,
chemically and pharmacologically related to | ||||||
23 | testosterone (other than
estrogens, progestins, and | ||||||
24 | corticosteroids) that promotes muscle growth,
and includes:
| ||||||
25 | (i) boldenone,
| ||||||
26 | (ii) chlorotestosterone,
|
| |||||||
| |||||||
1 | (iii) chostebol,
| ||||||
2 | (iv) dehydrochlormethyltestosterone,
| ||||||
3 | (v) dihydrotestosterone,
| ||||||
4 | (vi) drostanolone,
| ||||||
5 | (vii) ethylestrenol,
| ||||||
6 | (viii) fluoxymesterone,
| ||||||
7 | (ix) formebulone,
| ||||||
8 | (x) mesterolone,
| ||||||
9 | (xi) methandienone,
| ||||||
10 | (xii) methandranone,
| ||||||
11 | (xiii) methandriol,
| ||||||
12 | (xiv) methandrostenolone,
| ||||||
13 | (xv) methenolone,
| ||||||
14 | (xvi) methyltestosterone,
| ||||||
15 | (xvii) mibolerone,
| ||||||
16 | (xviii) nandrolone,
| ||||||
17 | (xix) norethandrolone,
| ||||||
18 | (xx) oxandrolone,
| ||||||
19 | (xxi) oxymesterone,
| ||||||
20 | (xxii) oxymetholone,
| ||||||
21 | (xxiii) stanolone,
| ||||||
22 | (xxiv) stanozolol,
| ||||||
23 | (xxv) testolactone,
| ||||||
24 | (xxvi) testosterone,
| ||||||
25 | (xxvii) trenbolone, and
| ||||||
26 | (xxviii) any salt, ester, or isomer of a drug or |
| |||||||
| |||||||
1 | substance described
or listed in this paragraph, if | ||||||
2 | that salt, ester, or isomer promotes muscle
growth.
| ||||||
3 | Any person who is otherwise lawfully in possession of an | ||||||
4 | anabolic
steroid, or who otherwise lawfully manufactures, | ||||||
5 | distributes, dispenses,
delivers, or possesses with intent to | ||||||
6 | deliver an anabolic steroid, which
anabolic steroid is | ||||||
7 | expressly intended for and lawfully allowed to be
administered | ||||||
8 | through implants to livestock or other nonhuman species, and
| ||||||
9 | which is approved by the Secretary of Health and Human Services | ||||||
10 | for such
administration, and which the person intends to | ||||||
11 | administer or have
administered through such implants, shall | ||||||
12 | not be considered to be in
unauthorized possession or to | ||||||
13 | unlawfully manufacture, distribute, dispense,
deliver, or | ||||||
14 | possess with intent to deliver such anabolic steroid for
| ||||||
15 | purposes of this Act.
| ||||||
16 | (d) "Administration" means the Drug Enforcement | ||||||
17 | Administration,
United States Department of Justice, or its | ||||||
18 | successor agency.
| ||||||
19 | (e) "Control" means to add a drug or other substance, or | ||||||
20 | immediate
precursor, to a Schedule under Article II of this Act | ||||||
21 | whether by
transfer from another Schedule or otherwise.
| ||||||
22 | (f) "Controlled Substance" means a drug, substance, or | ||||||
23 | immediate
precursor in the Schedules of Article II of this Act.
| ||||||
24 | (g) "Counterfeit substance" means a controlled substance, | ||||||
25 | which, or
the container or labeling of which, without | ||||||
26 | authorization bears the
trademark, trade name, or other |
| |||||||
| |||||||
1 | identifying mark, imprint, number or
device, or any likeness | ||||||
2 | thereof, of a manufacturer, distributor, or
dispenser other | ||||||
3 | than the person who in fact manufactured, distributed,
or | ||||||
4 | dispensed the substance.
| ||||||
5 | (h) "Deliver" or "delivery" means the actual, constructive | ||||||
6 | or
attempted transfer of possession of a controlled substance, | ||||||
7 | with or
without consideration, whether or not there is an | ||||||
8 | agency relationship.
| ||||||
9 | (i) "Department" means the Illinois Department of Human | ||||||
10 | Services (as
successor to the Department of Alcoholism and | ||||||
11 | Substance Abuse) or its successor agency.
| ||||||
12 | (j) "Department of State Police" means the Department of | ||||||
13 | State
Police of the State of Illinois or its successor agency.
| ||||||
14 | (k) "Department of Corrections" means the Department of | ||||||
15 | Corrections
of the State of Illinois or its successor agency.
| ||||||
16 | (l) "Department of Professional Regulation" means the | ||||||
17 | Department
of Professional Regulation of the State of Illinois | ||||||
18 | or its successor agency.
| ||||||
19 | (m) "Depressant" or "stimulant substance" means:
| ||||||
20 | (1) a drug which contains any quantity of (i) | ||||||
21 | barbituric acid or
any of the salts of barbituric acid | ||||||
22 | which has been designated as habit
forming under section | ||||||
23 | 502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||||||
24 | U.S.C. 352 (d)); or
| ||||||
25 | (2) a drug which contains any quantity of (i) | ||||||
26 | amphetamine or
methamphetamine and any of their optical |
| |||||||
| |||||||
1 | isomers; (ii) any salt of
amphetamine or methamphetamine or | ||||||
2 | any salt of an optical isomer of
amphetamine; or (iii) any | ||||||
3 | substance which the Department, after
investigation, has | ||||||
4 | found to be, and by rule designated as, habit forming
| ||||||
5 | because of its depressant or stimulant effect on the | ||||||
6 | central nervous
system; or
| ||||||
7 | (3) lysergic acid diethylamide; or
| ||||||
8 | (4) any drug which contains any quantity of a substance | ||||||
9 | which the
Department, after investigation, has found to | ||||||
10 | have, and by rule
designated as having, a potential for | ||||||
11 | abuse because of its depressant or
stimulant effect on the | ||||||
12 | central nervous system or its hallucinogenic
effect.
| ||||||
13 | (n) (Blank).
| ||||||
14 | (o) "Director" means the Director of the Department of | ||||||
15 | State Police or
the Department of Professional Regulation or | ||||||
16 | his designated agents.
| ||||||
17 | (p) "Dispense" means to deliver a controlled substance to | ||||||
18 | an
ultimate user or research subject by or pursuant to the | ||||||
19 | lawful order of
a prescriber, including the prescribing, | ||||||
20 | administering, packaging,
labeling, or compounding necessary | ||||||
21 | to prepare the substance for that
delivery.
| ||||||
22 | (q) "Dispenser" means a practitioner who dispenses.
| ||||||
23 | (r) "Distribute" means to deliver, other than by | ||||||
24 | administering or
dispensing, a controlled substance.
| ||||||
25 | (s) "Distributor" means a person who distributes.
| ||||||
26 | (t) "Drug" means (1) substances recognized as drugs in the |
| |||||||
| |||||||
1 | official
United States Pharmacopoeia, Official Homeopathic | ||||||
2 | Pharmacopoeia of the
United States, or official National | ||||||
3 | Formulary, or any supplement to any
of them; (2) substances | ||||||
4 | intended for use in diagnosis, cure, mitigation,
treatment, or | ||||||
5 | prevention of disease in man or animals; (3) substances
(other | ||||||
6 | than food) intended to affect the structure of any function of
| ||||||
7 | the body of man or animals and (4) substances intended for use | ||||||
8 | as a
component of any article specified in clause (1), (2), or | ||||||
9 | (3) of this
subsection. It does not include devices or their | ||||||
10 | components, parts, or
accessories.
| ||||||
11 | (t-5) "Euthanasia agency" means
an entity certified by the | ||||||
12 | Department of Professional Regulation for the
purpose of animal | ||||||
13 | euthanasia that holds an animal control facility license or
| ||||||
14 | animal
shelter license under the Animal Welfare Act. A | ||||||
15 | euthanasia agency is
authorized to purchase, store, possess, | ||||||
16 | and utilize Schedule II nonnarcotic and
Schedule III | ||||||
17 | nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||||||
18 | (t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||||||
19 | substances
(nonnarcotic controlled substances) that are used | ||||||
20 | by a euthanasia agency for
the purpose of animal euthanasia.
| ||||||
21 | (u) "Good faith" means the prescribing or dispensing of a | ||||||
22 | controlled
substance by a practitioner in the regular course of | ||||||
23 | professional
treatment to or for any person who is under his | ||||||
24 | treatment for a
pathology or condition other than that | ||||||
25 | individual's physical or
psychological dependence upon or | ||||||
26 | addiction to a controlled substance,
except as provided herein: |
| |||||||
| |||||||
1 | and application of the term to a pharmacist
shall mean the | ||||||
2 | dispensing of a controlled substance pursuant to the
| ||||||
3 | prescriber's order which in the professional judgment of the | ||||||
4 | pharmacist
is lawful. The pharmacist shall be guided by | ||||||
5 | accepted professional
standards including, but not limited to | ||||||
6 | the following, in making the
judgment:
| ||||||
7 | (1) lack of consistency of doctor-patient | ||||||
8 | relationship,
| ||||||
9 | (2) frequency of prescriptions for same drug by one | ||||||
10 | prescriber for
large numbers of patients,
| ||||||
11 | (3) quantities beyond those normally prescribed,
| ||||||
12 | (4) unusual dosages,
| ||||||
13 | (5) unusual geographic distances between patient, | ||||||
14 | pharmacist and
prescriber,
| ||||||
15 | (6) consistent prescribing of habit-forming drugs.
| ||||||
16 | (u-1) "Home infusion services" means services provided by a | ||||||
17 | pharmacy in
compounding solutions for direct administration to | ||||||
18 | a patient in a private
residence, long-term care facility, or | ||||||
19 | hospice setting by means of parenteral,
intravenous, | ||||||
20 | intramuscular, subcutaneous, or intraspinal infusion.
| ||||||
21 | (v) "Immediate precursor" means a substance:
| ||||||
22 | (1) which the Department has found to be and by rule | ||||||
23 | designated as
being a principal compound used, or produced | ||||||
24 | primarily for use, in the
manufacture of a controlled | ||||||
25 | substance;
| ||||||
26 | (2) which is an immediate chemical intermediary used or |
| |||||||
| |||||||
1 | likely to
be used in the manufacture of such controlled | ||||||
2 | substance; and
| ||||||
3 | (3) the control of which is necessary to prevent, | ||||||
4 | curtail or limit
the manufacture of such controlled | ||||||
5 | substance.
| ||||||
6 | (w) "Instructional activities" means the acts of teaching, | ||||||
7 | educating
or instructing by practitioners using controlled | ||||||
8 | substances within
educational facilities approved by the State | ||||||
9 | Board of Education or
its successor agency.
| ||||||
10 | (x) "Local authorities" means a duly organized State, | ||||||
11 | County or
Municipal peace unit or police force.
| ||||||
12 | (y) "Look-alike substance" means a substance, other than a | ||||||
13 | controlled
substance which (1) by overall dosage unit | ||||||
14 | appearance, including shape,
color, size, markings or lack | ||||||
15 | thereof, taste, consistency, or any other
identifying physical | ||||||
16 | characteristic of the substance, would lead a reasonable
person | ||||||
17 | to believe that the substance is a controlled substance, or (2) | ||||||
18 | is
expressly or impliedly represented to be a controlled | ||||||
19 | substance or is
distributed under circumstances which would | ||||||
20 | lead a reasonable person to
believe that the substance is a | ||||||
21 | controlled substance. For the purpose of
determining whether | ||||||
22 | the representations made or the circumstances of the
| ||||||
23 | distribution would lead a reasonable person to believe the | ||||||
24 | substance to be
a controlled substance under this clause (2) of | ||||||
25 | subsection (y), the court or
other authority may consider the | ||||||
26 | following factors in addition to any other
factor that may be |
| |||||||
| |||||||
1 | relevant:
| ||||||
2 | (a) statements made by the owner or person in control | ||||||
3 | of the substance
concerning its nature, use or effect;
| ||||||
4 | (b) statements made to the buyer or recipient that the | ||||||
5 | substance may
be resold for profit;
| ||||||
6 | (c) whether the substance is packaged in a manner | ||||||
7 | normally used for the
illegal distribution of controlled | ||||||
8 | substances;
| ||||||
9 | (d) whether the distribution or attempted distribution | ||||||
10 | included an
exchange of or demand for money or other | ||||||
11 | property as consideration, and
whether the amount of the | ||||||
12 | consideration was substantially greater than the
| ||||||
13 | reasonable retail market value of the substance.
| ||||||
14 | Clause (1) of this subsection (y) shall not apply to a | ||||||
15 | noncontrolled
substance in its finished dosage form that was | ||||||
16 | initially introduced into
commerce prior to the initial | ||||||
17 | introduction into commerce of a controlled
substance in its | ||||||
18 | finished dosage form which it may substantially resemble.
| ||||||
19 | Nothing in this subsection (y) prohibits the dispensing or | ||||||
20 | distributing
of noncontrolled substances by persons authorized | ||||||
21 | to dispense and
distribute controlled substances under this | ||||||
22 | Act, provided that such action
would be deemed to be carried | ||||||
23 | out in good faith under subsection (u) if the
substances | ||||||
24 | involved were controlled substances.
| ||||||
25 | Nothing in this subsection (y) or in this Act prohibits the | ||||||
26 | manufacture,
preparation, propagation, compounding, |
| |||||||
| |||||||
1 | processing, packaging, advertising
or distribution of a drug or | ||||||
2 | drugs by any person registered pursuant to
Section 510 of the | ||||||
3 | Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
| ||||||
4 | (y-1) "Mail-order pharmacy" means a pharmacy that is | ||||||
5 | located in a state
of the United States, other than Illinois, | ||||||
6 | that delivers, dispenses or
distributes, through the United | ||||||
7 | States Postal Service or other common
carrier, to Illinois | ||||||
8 | residents, any substance which requires a prescription.
| ||||||
9 | (z) "Manufacture" means the production, preparation, | ||||||
10 | propagation,
compounding, conversion or processing of a | ||||||
11 | controlled substance other than methamphetamine, either
| ||||||
12 | directly or indirectly, by extraction from substances of | ||||||
13 | natural origin,
or independently by means of chemical | ||||||
14 | synthesis, or by a combination of
extraction and chemical | ||||||
15 | synthesis, and includes any packaging or
repackaging of the | ||||||
16 | substance or labeling of its container, except that
this term | ||||||
17 | does not include:
| ||||||
18 | (1) by an ultimate user, the preparation or compounding | ||||||
19 | of a
controlled substance for his own use; or
| ||||||
20 | (2) by a practitioner, or his authorized agent under | ||||||
21 | his
supervision, the preparation, compounding, packaging, | ||||||
22 | or labeling of a
controlled substance:
| ||||||
23 | (a) as an incident to his administering or | ||||||
24 | dispensing of a
controlled substance in the course of | ||||||
25 | his professional practice; or
| ||||||
26 | (b) as an incident to lawful research, teaching or |
| |||||||
| |||||||
1 | chemical
analysis and not for sale.
| ||||||
2 | (z-1) (Blank).
| ||||||
3 | (aa) "Narcotic drug" means any of the following, whether | ||||||
4 | produced
directly or indirectly by extraction from substances | ||||||
5 | of natural origin,
or independently by means of chemical | ||||||
6 | synthesis, or by a combination of
extraction and chemical | ||||||
7 | synthesis:
| ||||||
8 | (1) opium and opiate, and any salt, compound, | ||||||
9 | derivative, or
preparation of opium or opiate;
| ||||||
10 | (2) any salt, compound, isomer, derivative, or | ||||||
11 | preparation thereof
which is chemically equivalent or | ||||||
12 | identical with any of the substances
referred to in clause | ||||||
13 | (1), but not including the isoquinoline alkaloids
of opium;
| ||||||
14 | (3) opium poppy and poppy straw;
| ||||||
15 | (4) coca leaves and any salts, compound, isomer, salt | ||||||
16 | of an isomer,
derivative, or preparation of coca leaves | ||||||
17 | including cocaine or ecgonine,
and any salt, compound, | ||||||
18 | isomer, derivative, or preparation thereof which is
| ||||||
19 | chemically equivalent or identical with any of these | ||||||
20 | substances, but not
including decocainized coca leaves or | ||||||
21 | extractions of coca leaves which do
not contain cocaine or | ||||||
22 | ecgonine (for the purpose of this paragraph, the
term | ||||||
23 | "isomer" includes optical, positional and geometric | ||||||
24 | isomers).
| ||||||
25 | (bb) "Nurse" means a registered nurse licensed under the
| ||||||
26 | Nursing and Advanced Practice Nursing Act.
|
| |||||||
| |||||||
1 | (cc) (Blank).
| ||||||
2 | (dd) "Opiate" means any substance having an addiction | ||||||
3 | forming or
addiction sustaining liability similar to morphine | ||||||
4 | or being capable of
conversion into a drug having addiction | ||||||
5 | forming or addiction sustaining
liability.
| ||||||
6 | (ee) "Opium poppy" means the plant of the species Papaver
| ||||||
7 | somniferum L., except its seeds.
| ||||||
8 | (ff) "Parole and Pardon Board" means the Parole and Pardon | ||||||
9 | Board of
the State of Illinois or its successor agency.
| ||||||
10 | (gg) "Person" means any individual, corporation, | ||||||
11 | mail-order pharmacy,
government or governmental subdivision or | ||||||
12 | agency, business trust, estate,
trust, partnership or | ||||||
13 | association, or any other entity.
| ||||||
14 | (hh) "Pharmacist" means any person who holds a license or
| ||||||
15 | certificate of
registration as a registered pharmacist, a local | ||||||
16 | registered pharmacist
or a registered assistant pharmacist | ||||||
17 | under the Pharmacy Practice Act of 1987 .
| ||||||
18 | (ii) "Pharmacy" means any store, ship or other place in | ||||||
19 | which
pharmacy is authorized to be practiced under the Pharmacy | ||||||
20 | Practice Act of 1987 .
| ||||||
21 | (jj) "Poppy straw" means all parts, except the seeds, of | ||||||
22 | the opium
poppy, after mowing.
| ||||||
23 | (kk) "Practitioner" means a physician licensed to practice | ||||||
24 | medicine in all
its branches, dentist, podiatrist,
| ||||||
25 | veterinarian, scientific investigator, pharmacist, physician | ||||||
26 | assistant,
advanced practice nurse,
licensed practical
nurse, |
| |||||||
| |||||||
1 | registered nurse, hospital, laboratory, or pharmacy, or other
| ||||||
2 | person licensed, registered, or otherwise lawfully permitted | ||||||
3 | by the
United States or this State to distribute, dispense, | ||||||
4 | conduct research
with respect to, administer or use in teaching | ||||||
5 | or chemical analysis, a
controlled substance in the course of | ||||||
6 | professional practice or research.
| ||||||
7 | (ll) "Pre-printed prescription" means a written | ||||||
8 | prescription upon which
the designated drug has been indicated | ||||||
9 | prior to the time of issuance.
| ||||||
10 | (mm) "Prescriber" means a physician licensed to practice | ||||||
11 | medicine in all
its branches, dentist, podiatrist or
| ||||||
12 | veterinarian who issues a prescription, a physician assistant | ||||||
13 | who
issues a
prescription for a Schedule III, IV, or V | ||||||
14 | controlled substance
in accordance
with Section 303.05 and the | ||||||
15 | written guidelines required under Section 7.5
of the
Physician | ||||||
16 | Assistant Practice Act of 1987, or an advanced practice
nurse | ||||||
17 | with prescriptive authority in accordance with Section 303.05
| ||||||
18 | and a written
collaborative agreement under Sections 15-15 and | ||||||
19 | 15-20 of
the Nursing and Advanced Practice Nursing Act.
| ||||||
20 | (nn) "Prescription" means a lawful written, facsimile, or | ||||||
21 | verbal order
of
a physician licensed to practice medicine in | ||||||
22 | all its branches,
dentist, podiatrist or veterinarian for any | ||||||
23 | controlled
substance, of a physician assistant for a Schedule | ||||||
24 | III, IV, or V
controlled substance
in accordance with Section | ||||||
25 | 303.05 and the written guidelines required under
Section 7.5 of | ||||||
26 | the
Physician Assistant Practice Act of 1987, or of an advanced |
| |||||||
| |||||||
1 | practice
nurse who issues a prescription for a Schedule III, | ||||||
2 | IV, or V
controlled substance in accordance
with
Section 303.05 | ||||||
3 | and a written collaborative agreement under Sections 15-15
and
| ||||||
4 | 15-20 of the Nursing and Advanced Practice Nursing Act.
| ||||||
5 | (oo) "Production" or "produce" means manufacture, | ||||||
6 | planting,
cultivating, growing, or harvesting of a controlled | ||||||
7 | substance other than methamphetamine.
| ||||||
8 | (pp) "Registrant" means every person who is required to | ||||||
9 | register
under Section 302 of this Act.
| ||||||
10 | (qq) "Registry number" means the number assigned to each | ||||||
11 | person
authorized to handle controlled substances under the | ||||||
12 | laws of the United
States and of this State.
| ||||||
13 | (rr) "State" includes the State of Illinois and any state, | ||||||
14 | district,
commonwealth, territory, insular possession thereof, | ||||||
15 | and any area
subject to the legal authority of the United | ||||||
16 | States of America.
| ||||||
17 | (ss) "Ultimate user" means a person who lawfully possesses | ||||||
18 | a
controlled substance for his own use or for the use of a | ||||||
19 | member of his
household or for administering to an animal owned | ||||||
20 | by him or by a member
of his household.
| ||||||
21 | (Source: P.A. 93-596, eff. 8-26-03; 93-626, eff. 12-23-03; | ||||||
22 | 94-556, eff. 9-11-05.)
| ||||||
23 | Section 125. The Illinois Controlled Substances Act is | ||||||
24 | amended by changing Section 103 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 570/103) (from Ch. 56 1/2, par. 1103)
| ||||||
2 | Sec. 103. Scope of Act. Nothing in this Act limits the | ||||||
3 | lawful authority
granted by the
Medical Practice Act of 1987, | ||||||
4 | the Nursing and Advanced Practice
Nursing Act, or
the Pharmacy | ||||||
5 | Practice Act of 1987 .
| ||||||
6 | (Source: P.A. 90-742, eff. 8-13-98.)
| ||||||
7 | Section 130. The Methamphetamine Control and Community | ||||||
8 | Protection Act is amended by changing Section 110 as follows: | ||||||
9 | (720 ILCS 646/110)
| ||||||
10 | Sec. 110. Scope of Act. Nothing in this Act limits any | ||||||
11 | authority or activity authorized by the Illinois Controlled | ||||||
12 | Substances Act, the Medical Practice Act of 1987, the Nursing | ||||||
13 | and Advanced Practice Nursing Act, the Pharmacy Practice Act of | ||||||
14 | 1987 , the Illinois Dental Practice Act, the Podiatric Medical | ||||||
15 | Practice Act of 1987, or the Veterinary Medicine and Surgery | ||||||
16 | Practice Act of 2004. Nothing in this Act limits the authority | ||||||
17 | or activity of any law enforcement officer acting within the | ||||||
18 | scope of his or her employment.
| ||||||
19 | (Source: P.A. 94-556, eff. 9-11-05.) | ||||||
20 | Section 135. The Methamphetamine Precursor Control Act is | ||||||
21 | amended by changing Sections 25 and 50 as follows: | ||||||
22 | (720 ILCS 648/25) |
| |||||||
| |||||||
1 | Sec. 25. Pharmacies. | ||||||
2 | (a) No targeted methamphetamine precursor may be knowingly | ||||||
3 | distributed through a pharmacy, including a pharmacy located | ||||||
4 | within, owned by, operated by, or associated with a retail | ||||||
5 | distributor unless all terms of this Section are satisfied. | ||||||
6 | (b) Any targeted methamphetamine precursor other than a | ||||||
7 | convenience package or a liquid, including but not limited to | ||||||
8 | any targeted methamphetamine precursor in liquid-filled | ||||||
9 | capsules, shall: be packaged in blister packs, with each | ||||||
10 | blister containing not more than 2 dosage units, or when the | ||||||
11 | use of blister packs is technically infeasible, in unit dose | ||||||
12 | packets. Each targeted package shall contain no more than 3,000 | ||||||
13 | milligrams of ephedrine or pseudoephedrine, their salts or | ||||||
14 | optical isomers, or salts of optical isomers.
| ||||||
15 | (c) The targeted methamphetamine precursor shall be stored | ||||||
16 | behind the pharmacy counter and distributed by a pharmacist or | ||||||
17 | pharmacy technician licensed under the Pharmacy Practice Act of | ||||||
18 | 1987 . | ||||||
19 | (d) Any retail distributor operating a pharmacy, and any | ||||||
20 | pharmacist or pharmacy technician involved in the transaction | ||||||
21 | or transactions, shall ensure that any person purchasing, | ||||||
22 | receiving, or otherwise acquiring the targeted methamphetamine | ||||||
23 | precursor complies with subsection (a) of Section 20 of this | ||||||
24 | Act.
| ||||||
25 | (e) Any retail distributor operating a pharmacy, and any | ||||||
26 | pharmacist or pharmacy technician involved in the transaction |
| |||||||
| |||||||
1 | or transactions, shall verify that: | ||||||
2 | (1) The person purchasing, receiving, or otherwise | ||||||
3 | acquiring the targeted methamphetamine precursor is 18 | ||||||
4 | years of age or older and resembles the photograph of the | ||||||
5 | person on the government-issued identification presented | ||||||
6 | by the person; and
| ||||||
7 | (2) The name entered into the log referred to in | ||||||
8 | subsection (a) of Section 20 of this Act corresponds to the | ||||||
9 | name on the government-issued identification presented by | ||||||
10 | the person.
| ||||||
11 | (f) The logs referred to in subsection (a) of Section 20 of | ||||||
12 | this Act shall be kept confidential, maintained for not less | ||||||
13 | than 2 years, and made available for inspection and copying by | ||||||
14 | any law enforcement officer upon request of that officer.
These | ||||||
15 | logs may be kept in an electronic format if they include all | ||||||
16 | the information specified in subsection (a) of Section 20 of | ||||||
17 | this Act in a manner that is readily retrievable and | ||||||
18 | reproducible in hard-copy format. | ||||||
19 | (g) No retail distributor operating a pharmacy, and no | ||||||
20 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
21 | any targeted methamphetamine precursor to any person under 18 | ||||||
22 | years of age. | ||||||
23 | (h) No retail distributor operating a pharmacy, and no | ||||||
24 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
25 | to a single person more than 2 targeted packages in a single | ||||||
26 | retail transaction. |
| |||||||
| |||||||
1 | (i) No retail distributor operating a pharmacy, and no | ||||||
2 | pharmacist or pharmacy technician, shall knowingly distribute | ||||||
3 | to a single person in any 30-day period products containing | ||||||
4 | more than a total of 7,500 milligrams of ephedrine or | ||||||
5 | pseudoephedrine, their salts or optical isomers, or salts of | ||||||
6 | optical isomers.
| ||||||
7 | (j) A pharmacist or pharmacy technician may distribute a | ||||||
8 | targeted methamphetamine precursor to a person who is without a | ||||||
9 | form of identification specified in paragraph (1) of subsection | ||||||
10 | (a) of Section 20 of this Act only if all other provisions of | ||||||
11 | this Act are followed and either: | ||||||
12 | (1) the person presents a driver's license issued | ||||||
13 | without a photograph by the State of Illinois pursuant to | ||||||
14 | the Illinois Administrative Code, Title 92, Section | ||||||
15 | 1030.90(b)(1) or 1030.90(b)(2); or | ||||||
16 | (2) the person is known to the pharmacist or pharmacy | ||||||
17 | technician, the person presents some form of | ||||||
18 | identification, and the pharmacist or pharmacy technician | ||||||
19 | reasonably believes that the targeted methamphetamine | ||||||
20 | precursor will be used for a legitimate medical purpose and | ||||||
21 | not to manufacture methamphetamine.
| ||||||
22 | (k) When a pharmacist or pharmacy technician distributes a | ||||||
23 | targeted methamphetamine precursor to a person according to the | ||||||
24 | procedures set forth in this Act, and the pharmacist or | ||||||
25 | pharmacy technician does not have access to a working cash | ||||||
26 | register at the pharmacy counter, the pharmacist or pharmacy |
| |||||||
| |||||||
1 | technician may instruct the person to pay for the targeted | ||||||
2 | methamphetamine precursor at a cash register located elsewhere | ||||||
3 | in the retail establishment, whether that register is operated | ||||||
4 | by a pharmacist, pharmacy technician, or other employee or | ||||||
5 | agent of the retail establishment.
| ||||||
6 | (Source: P.A. 94-694, eff. 1-15-06; 94-830, eff. 6-5-06.) | ||||||
7 | (720 ILCS 648/50) | ||||||
8 | Sec. 50. Scope of Act. | ||||||
9 | (a) Nothing in this Act limits the scope, terms, or effect | ||||||
10 | of the Methamphetamine Control and Community Protection Act. | ||||||
11 | (b) Nothing in this Act limits the lawful authority granted | ||||||
12 | by the Medical Practice Act of 1987, the Nursing and Advanced | ||||||
13 | Practice Nursing Act, or the Pharmacy Practice Act of 1987 . | ||||||
14 | (c) Nothing in this Act limits the authority or activity of | ||||||
15 | any law enforcement officer acting within the scope of his or | ||||||
16 | her employment.
| ||||||
17 | (Source: P.A. 94-694, eff. 1-15-06.) | ||||||
18 | Section 140. The Parental Right of Recovery Act is amended | ||||||
19 | by changing Section 2 as follows:
| ||||||
20 | (740 ILCS 120/2) (from Ch. 70, par. 602)
| ||||||
21 | Sec. 2. For the purpose of this Act, unless the context | ||||||
22 | clearly requires otherwise:
| ||||||
23 | (1) "Illegal drug" means (i) any substance as defined and |
| |||||||
| |||||||
1 | included in
the Schedules of Article II of the Illinois | ||||||
2 | Controlled Substances Act, (ii)
any cannabis as defined in | ||||||
3 | Section 3 of the Cannabis Control Act, or (iii) any
drug as | ||||||
4 | defined in paragraph (b) of Section 3 of the Pharmacy Practice | ||||||
5 | Act
of 1987 which is obtained without a prescription or | ||||||
6 | otherwise in violation
of the law.
| ||||||
7 | (2) "Minor" means a person who has not attained age 18.
| ||||||
8 | (3) "Legal guardian" means a person appointed guardian, or | ||||||
9 | given
custody, of a minor by a circuit court of this State, but | ||||||
10 | does not include
a person appointed guardian, or given custody, | ||||||
11 | of a minor under the
Juvenile Court Act or the Juvenile Court | ||||||
12 | Act of 1987.
| ||||||
13 | (4) "Parent" means any natural or adoptive parent of a | ||||||
14 | minor.
| ||||||
15 | (5) "Person" means any natural person, corporation, | ||||||
16 | association,
partnership or other organization.
| ||||||
17 | (6) "Prescription" means any order for drugs,
written or | ||||||
18 | verbal, by a physician, dentist, veterinarian or other person
| ||||||
19 | authorized to prescribe drugs within the limits of his
license, | ||||||
20 | containing the following: (1) Name of the patient; (2) date | ||||||
21 | when
prescription was given; (3) name and strength of drug
| ||||||
22 | prescribed; (4) quantity, directions for use, prescriber's
| ||||||
23 | name, address and signature, and the United States Drug | ||||||
24 | Enforcement Agency
number where required, for controlled | ||||||
25 | substances.
| ||||||
26 | (7) "Sale or transfer" means the actual or constructive |
| |||||||
| |||||||
1 | transfer of
possession of an illegal drug, with or without | ||||||
2 | consideration, whether
directly or through an agent.
| ||||||
3 | (Source: P.A. 85-1209.)".
| ||||||
4 | (225 ILCS 85/14 rep.)
| ||||||
5 | (225 ILCS 85/26 rep.)
| ||||||
6 | Section 145. The Pharmacy Practice Act of 1987 is amended | ||||||
7 | by repealing Sections 14 and 26.
| ||||||
8 | Section 999. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|