HB4430 EngrossedLRB102 22176 SPS 31305 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Clinical Laboratory and Blood Bank
5Act is amended by changing Sections 7-101 and 7-102 as
7    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
8    Sec. 7-101. Examination of specimens. A clinical
9laboratory shall examine specimens only at the request of (i)
10a licensed physician, (ii) a licensed dentist, (iii) a
11licensed podiatric physician, (iv) a licensed optometrist, (v)
12a licensed physician assistant, (v-A) a licensed advanced
13practice registered nurse, (vi) an authorized law enforcement
14agency or, in the case of blood alcohol, at the request of the
15individual for whom the test is to be performed in compliance
16with Sections 11-501 and 11-501.1 of the Illinois Vehicle
17Code, or (vii) a genetic counselor with the specific authority
18from a referral to order a test or tests pursuant to subsection
19(b) of Section 20 of the Genetic Counselor Licensing Act, or
20(viii) a pharmacist in accordance with Section 43.5 of the
21Pharmacy Practice Act. If the request to a laboratory is oral,
22the physician or other authorized person shall submit a
23written request to the laboratory within 48 hours. If the



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1laboratory does not receive the written request within that
2period, it shall note that fact in its records. For purposes of
3this Section, a request made by electronic mail or fax
4constitutes a written request.
5(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
6    (210 ILCS 25/7-102)  (from Ch. 111 1/2, par. 627-102)
7    Sec. 7-102. Reports of test results.
8    (a) Clinical laboratory test results may be reported or
9transmitted to:
10        (1) the licensed physician or other authorized person
11    who requested the test, their designee, or both;
12        (2) any health care provider who is providing
13    treatment to the patient;
14        (3) an electronic health information exchange for the
15    purposes of transmitting, using, or disclosing clinical
16    laboratory test results in any manner required or
17    permitted by HIPAA; and .
18        (4) a pharmacist in accordance with Section 43.5 of
19    the Pharmacy Practice Act.
20    (b) No interpretation, diagnosis, or prognosis or
21suggested treatment shall appear on the laboratory report
22form, except that a report made by a physician licensed to
23practice medicine in Illinois, a dentist licensed in Illinois,
24or an optometrist licensed in Illinois may include such



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1    (c) Nothing in this Act prohibits the sharing of
2information as authorized in Section 2.1 of the Department of
3Public Health Act.
4(Source: P.A. 98-185, eff. 1-1-14; 98-1046, eff. 1-1-15.)
5    Section 10. The Illinois Insurance Code is amended by
6adding Section 356z.1a as follows:
7    (215 ILCS 5/356z.1a new)
8    Sec. 356z.1a. HIV prophylaxis reimbursement. An insurance
9carrier or third-party payor shall reimburse a pharmacist or
10other health care professional for dispensing HIV prophylaxis
11drugs and providing services under Section 43.5 of the
12Pharmacy Practice Act to a covered person in accordance with
13the current version of the guidelines of the Centers for
14Disease Control and Prevention and the United States
15Preventive Services Task Force. Reimbursement shall provide an
16adequate consultation fee or, if medical billing is not
17available, an enhanced dispensing fee that is equivalent to
1885% of the fees for services provided by an advanced practice
19registered nurse or physician.
20    Section 15. The Pharmacy Practice Act is amended by
21changing Sections 3 and 9 and by adding Section 43.5 as



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1    (225 ILCS 85/3)
2    (Section scheduled to be repealed on January 1, 2023)
3    Sec. 3. Definitions. For the purpose of this Act, except
4where otherwise limited therein:
5    (a) "Pharmacy" or "drugstore" means and includes every
6store, shop, pharmacy department, or other place where
7pharmacist care is provided by a pharmacist (1) where drugs,
8medicines, or poisons are dispensed, sold or offered for sale
9at retail, or displayed for sale at retail; or (2) where
10prescriptions of physicians, dentists, advanced practice
11registered nurses, physician assistants, veterinarians,
12podiatric physicians, or optometrists, within the limits of
13their licenses, are compounded, filled, or dispensed; or (3)
14which has upon it or displayed within it, or affixed to or used
15in connection with it, a sign bearing the word or words
16"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
17"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
18"Drugs", "Dispensary", "Medicines", or any word or words of
19similar or like import, either in the English language or any
20other language; or (4) where the characteristic prescription
21sign (Rx) or similar design is exhibited; or (5) any store, or
22shop, or other place with respect to which any of the above
23words, objects, signs or designs are used in any
25    (b) "Drugs" means and includes (1) articles recognized in
26the official United States Pharmacopoeia/National Formulary



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1(USP/NF), or any supplement thereto and being intended for and
2having for their main use the diagnosis, cure, mitigation,
3treatment or prevention of disease in man or other animals, as
4approved by the United States Food and Drug Administration,
5but does not include devices or their components, parts, or
6accessories; and (2) all other articles intended for and
7having for their main use the diagnosis, cure, mitigation,
8treatment or prevention of disease in man or other animals, as
9approved by the United States Food and Drug Administration,
10but does not include devices or their components, parts, or
11accessories; and (3) articles (other than food) having for
12their main use and intended to affect the structure or any
13function of the body of man or other animals; and (4) articles
14having for their main use and intended for use as a component
15or any articles specified in clause (1), (2) or (3); but does
16not include devices or their components, parts or accessories.
17    (c) "Medicines" means and includes all drugs intended for
18human or veterinary use approved by the United States Food and
19Drug Administration.
20    (d) "Practice of pharmacy" means:
21        (1) the interpretation and the provision of assistance
22    in the monitoring, evaluation, and implementation of
23    prescription drug orders;
24        (2) the dispensing of prescription drug orders;
25        (3) participation in drug and device selection;
26        (4) drug administration limited to the administration



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1    of oral, topical, injectable, and inhalation as follows:
2            (A) in the context of patient education on the
3        proper use or delivery of medications;
4            (B) vaccination of patients 7 years of age and
5        older pursuant to a valid prescription or standing
6        order, by a physician licensed to practice medicine in
7        all its branches, upon completion of appropriate
8        training, including how to address contraindications
9        and adverse reactions set forth by rule, with
10        notification to the patient's physician and
11        appropriate record retention, or pursuant to hospital
12        pharmacy and therapeutics committee policies and
13        procedures. Eligible vaccines are those listed on the
14        U.S. Centers for Disease Control and Prevention (CDC)
15        Recommended Immunization Schedule, the CDC's Health
16        Information for International Travel, or the U.S. Food
17        and Drug Administration's Vaccines Licensed and
18        Authorized for Use in the United States. As applicable
19        to the State's Medicaid program and other payers,
20        vaccines ordered and administered in accordance with
21        this subsection shall be covered and reimbursed at no
22        less than the rate that the vaccine is reimbursed when
23        ordered and administered by a physician;
24            (B-5) following the initial administration of
25        long-acting or extended-release form opioid
26        antagonists by a physician licensed to practice



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1        medicine in all its branches, administration of
2        injections of long-acting or extended-release form
3        opioid antagonists for the treatment of substance use
4        disorder, pursuant to a valid prescription by a
5        physician licensed to practice medicine in all its
6        branches, upon completion of appropriate training,
7        including how to address contraindications and adverse
8        reactions, including, but not limited to, respiratory
9        depression and the performance of cardiopulmonary
10        resuscitation, set forth by rule, with notification to
11        the patient's physician and appropriate record
12        retention, or pursuant to hospital pharmacy and
13        therapeutics committee policies and procedures;
14            (C) administration of injections of
15        alpha-hydroxyprogesterone caproate, pursuant to a
16        valid prescription, by a physician licensed to
17        practice medicine in all its branches, upon completion
18        of appropriate training, including how to address
19        contraindications and adverse reactions set forth by
20        rule, with notification to the patient's physician and
21        appropriate record retention, or pursuant to hospital
22        pharmacy and therapeutics committee policies and
23        procedures; and
24            (D) administration of injections of long-term
25        antipsychotic medications pursuant to a valid
26        prescription by a physician licensed to practice



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1        medicine in all its branches, upon completion of
2        appropriate training conducted by an Accreditation
3        Council of Pharmaceutical Education accredited
4        provider, including how to address contraindications
5        and adverse reactions set forth by rule, with
6        notification to the patient's physician and
7        appropriate record retention, or pursuant to hospital
8        pharmacy and therapeutics committee policies and
9        procedures.
10        (5) (blank);
11        (6) drug regimen review;
12        (7) drug or drug-related research;
13        (8) the provision of patient counseling;
14        (9) the practice of telepharmacy;
15        (10) the provision of those acts or services necessary
16    to provide pharmacist care;
17        (11) medication therapy management;
18        (12) the responsibility for compounding and labeling
19    of drugs and devices (except labeling by a manufacturer,
20    repackager, or distributor of non-prescription drugs and
21    commercially packaged legend drugs and devices), proper
22    and safe storage of drugs and devices, and maintenance of
23    required records; and
24        (13) the assessment and consultation of patients and
25    dispensing of hormonal contraceptives; and .
26        (14) the initiation, dispensing, or administration of



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1    drugs, laboratory tests, assessments, referrals, and
2    consultations for human immunodeficiency virus
3    pre-exposure prophylaxis and human immunodeficiency virus
4    post-exposure prophylaxis under Section 43.5.
5    A pharmacist who performs any of the acts defined as the
6practice of pharmacy in this State must be actively licensed
7as a pharmacist under this Act.
8    (e) "Prescription" means and includes any written, oral,
9facsimile, or electronically transmitted order for drugs or
10medical devices, issued by a physician licensed to practice
11medicine in all its branches, dentist, veterinarian, podiatric
12physician, or optometrist, within the limits of his or her
13license, by a physician assistant in accordance with
14subsection (f) of Section 4, or by an advanced practice
15registered nurse in accordance with subsection (g) of Section
164, containing the following: (1) name of the patient; (2) date
17when prescription was issued; (3) name and strength of drug or
18description of the medical device prescribed; and (4)
19quantity; (5) directions for use; (6) prescriber's name,
20address, and signature; and (7) DEA registration number where
21required, for controlled substances. The prescription may, but
22is not required to, list the illness, disease, or condition
23for which the drug or device is being prescribed. DEA
24registration numbers shall not be required on inpatient drug
25orders. A prescription for medication other than controlled
26substances shall be valid for up to 15 months from the date



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1issued for the purpose of refills, unless the prescription
2states otherwise.
3    (f) "Person" means and includes a natural person,
4partnership, association, corporation, government entity, or
5any other legal entity.
6    (g) "Department" means the Department of Financial and
7Professional Regulation.
8    (h) "Board of Pharmacy" or "Board" means the State Board
9of Pharmacy of the Department of Financial and Professional
11    (i) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (j) "Drug product selection" means the interchange for a
14prescribed pharmaceutical product in accordance with Section
1525 of this Act and Section 3.14 of the Illinois Food, Drug and
16Cosmetic Act.
17    (k) "Inpatient drug order" means an order issued by an
18authorized prescriber for a resident or patient of a facility
19licensed under the Nursing Home Care Act, the ID/DD Community
20Care Act, the MC/DD Act, the Specialized Mental Health
21Rehabilitation Act of 2013, the Hospital Licensing Act, or the
22University of Illinois Hospital Act, or a facility which is
23operated by the Department of Human Services (as successor to
24the Department of Mental Health and Developmental
25Disabilities) or the Department of Corrections.
26    (k-5) "Pharmacist" means an individual health care



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1professional and provider currently licensed by this State to
2engage in the practice of pharmacy.
3    (l) "Pharmacist in charge" means the licensed pharmacist
4whose name appears on a pharmacy license and who is
5responsible for all aspects of the operation related to the
6practice of pharmacy.
7    (m) "Dispense" or "dispensing" means the interpretation,
8evaluation, and implementation of a prescription drug order,
9including the preparation and delivery of a drug or device to a
10patient or patient's agent in a suitable container
11appropriately labeled for subsequent administration to or use
12by a patient in accordance with applicable State and federal
13laws and regulations. "Dispense" or "dispensing" does not mean
14the physical delivery to a patient or a patient's
15representative in a home or institution by a designee of a
16pharmacist or by common carrier. "Dispense" or "dispensing"
17also does not mean the physical delivery of a drug or medical
18device to a patient or patient's representative by a
19pharmacist's designee within a pharmacy or drugstore while the
20pharmacist is on duty and the pharmacy is open.
21    (n) "Nonresident pharmacy" means a pharmacy that is
22located in a state, commonwealth, or territory of the United
23States, other than Illinois, that delivers, dispenses, or
24distributes, through the United States Postal Service,
25commercially acceptable parcel delivery service, or other
26common carrier, to Illinois residents, any substance which



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1requires a prescription.
2    (o) "Compounding" means the preparation and mixing of
3components, excluding flavorings, (1) as the result of a
4prescriber's prescription drug order or initiative based on
5the prescriber-patient-pharmacist relationship in the course
6of professional practice or (2) for the purpose of, or
7incident to, research, teaching, or chemical analysis and not
8for sale or dispensing. "Compounding" includes the preparation
9of drugs or devices in anticipation of receiving prescription
10drug orders based on routine, regularly observed dispensing
11patterns. Commercially available products may be compounded
12for dispensing to individual patients only if all of the
13following conditions are met: (i) the commercial product is
14not reasonably available from normal distribution channels in
15a timely manner to meet the patient's needs and (ii) the
16prescribing practitioner has requested that the drug be
18    (p) (Blank).
19    (q) (Blank).
20    (r) "Patient counseling" means the communication between a
21pharmacist or a student pharmacist under the supervision of a
22pharmacist and a patient or the patient's representative about
23the patient's medication or device for the purpose of
24optimizing proper use of prescription medications or devices.
25"Patient counseling" may include without limitation (1)
26obtaining a medication history; (2) acquiring a patient's



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1allergies and health conditions; (3) facilitation of the
2patient's understanding of the intended use of the medication;
3(4) proper directions for use; (5) significant potential
4adverse events; (6) potential food-drug interactions; and (7)
5the need to be compliant with the medication therapy. A
6pharmacy technician may only participate in the following
7aspects of patient counseling under the supervision of a
8pharmacist: (1) obtaining medication history; (2) providing
9the offer for counseling by a pharmacist or student
10pharmacist; and (3) acquiring a patient's allergies and health
12    (s) "Patient profiles" or "patient drug therapy record"
13means the obtaining, recording, and maintenance of patient
14prescription information, including prescriptions for
15controlled substances, and personal information.
16    (t) (Blank).
17    (u) "Medical device" or "device" means an instrument,
18apparatus, implement, machine, contrivance, implant, in vitro
19reagent, or other similar or related article, including any
20component part or accessory, required under federal law to
21bear the label "Caution: Federal law requires dispensing by or
22on the order of a physician". A seller of goods and services
23who, only for the purpose of retail sales, compounds, sells,
24rents, or leases medical devices shall not, by reasons
25thereof, be required to be a licensed pharmacy.
26    (v) "Unique identifier" means an electronic signature,



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1handwritten signature or initials, thumb print, or other
2acceptable biometric or electronic identification process as
3approved by the Department.
4    (w) "Current usual and customary retail price" means the
5price that a pharmacy charges to a non-third-party payor.
6    (x) "Automated pharmacy system" means a mechanical system
7located within the confines of the pharmacy or remote location
8that performs operations or activities, other than compounding
9or administration, relative to storage, packaging, dispensing,
10or distribution of medication, and which collects, controls,
11and maintains all transaction information.
12    (y) "Drug regimen review" means and includes the
13evaluation of prescription drug orders and patient records for
14(1) known allergies; (2) drug or potential therapy
15contraindications; (3) reasonable dose, duration of use, and
16route of administration, taking into consideration factors
17such as age, gender, and contraindications; (4) reasonable
18directions for use; (5) potential or actual adverse drug
19reactions; (6) drug-drug interactions; (7) drug-food
20interactions; (8) drug-disease contraindications; (9)
21therapeutic duplication; (10) patient laboratory values when
22authorized and available; (11) proper utilization (including
23over or under utilization) and optimum therapeutic outcomes;
24and (12) abuse and misuse.
25    (z) "Electronically transmitted prescription" means a
26prescription that is created, recorded, or stored by



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1electronic means; issued and validated with an electronic
2signature; and transmitted by electronic means directly from
3the prescriber to a pharmacy. An electronic prescription is
4not an image of a physical prescription that is transferred by
5electronic means from computer to computer, facsimile to
6facsimile, or facsimile to computer.
7    (aa) "Medication therapy management services" means a
8distinct service or group of services offered by licensed
9pharmacists, physicians licensed to practice medicine in all
10its branches, advanced practice registered nurses authorized
11in a written agreement with a physician licensed to practice
12medicine in all its branches, or physician assistants
13authorized in guidelines by a supervising physician that
14optimize therapeutic outcomes for individual patients through
15improved medication use. In a retail or other non-hospital
16pharmacy, medication therapy management services shall consist
17of the evaluation of prescription drug orders and patient
18medication records to resolve conflicts with the following:
19        (1) known allergies;
20        (2) drug or potential therapy contraindications;
21        (3) reasonable dose, duration of use, and route of
22    administration, taking into consideration factors such as
23    age, gender, and contraindications;
24        (4) reasonable directions for use;
25        (5) potential or actual adverse drug reactions;
26        (6) drug-drug interactions;



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1        (7) drug-food interactions;
2        (8) drug-disease contraindications;
3        (9) identification of therapeutic duplication;
4        (10) patient laboratory values when authorized and
5    available;
6        (11) proper utilization (including over or under
7    utilization) and optimum therapeutic outcomes; and
8        (12) drug abuse and misuse.
9    "Medication therapy management services" includes the
11        (1) documenting the services delivered and
12    communicating the information provided to patients'
13    prescribers within an appropriate time frame, not to
14    exceed 48 hours;
15        (2) providing patient counseling designed to enhance a
16    patient's understanding and the appropriate use of his or
17    her medications; and
18        (3) providing information, support services, and
19    resources designed to enhance a patient's adherence with
20    his or her prescribed therapeutic regimens.
21    "Medication therapy management services" may also include
22patient care functions authorized by a physician licensed to
23practice medicine in all its branches for his or her
24identified patient or groups of patients under specified
25conditions or limitations in a standing order from the



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1    "Medication therapy management services" in a licensed
2hospital may also include the following:
3        (1) reviewing assessments of the patient's health
4    status; and
5        (2) following protocols of a hospital pharmacy and
6    therapeutics committee with respect to the fulfillment of
7    medication orders.
8    (bb) "Pharmacist care" means the provision by a pharmacist
9of medication therapy management services, with or without the
10dispensing of drugs or devices, intended to achieve outcomes
11that improve patient health, quality of life, and comfort and
12enhance patient safety.
13    (cc) "Protected health information" means individually
14identifiable health information that, except as otherwise
15provided, is:
16        (1) transmitted by electronic media;
17        (2) maintained in any medium set forth in the
18    definition of "electronic media" in the federal Health
19    Insurance Portability and Accountability Act; or
20        (3) transmitted or maintained in any other form or
21    medium.
22    "Protected health information" does not include
23individually identifiable health information found in:
24        (1) education records covered by the federal Family
25    Educational Right and Privacy Act; or
26        (2) employment records held by a licensee in its role



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1    as an employer.
2    (dd) "Standing order" means a specific order for a patient
3or group of patients issued by a physician licensed to
4practice medicine in all its branches in Illinois.
5    (ee) "Address of record" means the designated address
6recorded by the Department in the applicant's application file
7or licensee's license file maintained by the Department's
8licensure maintenance unit.
9    (ff) "Home pharmacy" means the location of a pharmacy's
10primary operations.
11    (gg) "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
16102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
18    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
19    (Section scheduled to be repealed on January 1, 2023)
20    Sec. 9. Licensure as registered pharmacy technician.
21    (a) Any person shall be entitled to licensure as a
22registered pharmacy technician who is of the age of 16 or over,
23has not engaged in conduct or behavior determined to be
24grounds for discipline under this Act, is attending or has
25graduated from an accredited high school or comparable school



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1or educational institution or received a high school
2equivalency certificate, and has filed a written or electronic
3application for licensure on a form to be prescribed and
4furnished by the Department for that purpose. The Department
5shall issue a license as a registered pharmacy technician to
6any applicant who has qualified as aforesaid, and such license
7shall be the sole authority required to assist licensed
8pharmacists in the practice of pharmacy, under the supervision
9of a licensed pharmacist. A registered pharmacy technician may
10be delegated to perform any task within the practice of
11pharmacy if specifically trained for that task, except for
12patient counseling, drug regimen review, or clinical conflict
13resolution, or providing patients prophylaxis drugs for human
14immunodeficiency virus pre-exposure prophylaxis or
15post-exposure prophylaxis.
16    (b) Beginning on January 1, 2017, within 2 years after
17initial licensure as a registered pharmacy technician, the
18licensee must meet the requirements described in Section 9.5
19of this Act and become licensed as a registered certified
20pharmacy technician. If the licensee has not yet attained the
21age of 18, then upon the next renewal as a registered pharmacy
22technician, the licensee must meet the requirements described
23in Section 9.5 of this Act and become licensed as a registered
24certified pharmacy technician. This requirement does not apply
25to pharmacy technicians registered prior to January 1, 2008.
26    (c) Any person registered as a pharmacy technician who is



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1also enrolled in a first professional degree program in
2pharmacy in a school or college of pharmacy or a department of
3pharmacy of a university approved by the Department or has
4graduated from such a program within the last 18 months, shall
5be considered a "student pharmacist" and entitled to use the
6title "student pharmacist". A student pharmacist must meet all
7of the requirements for licensure as a registered pharmacy
8technician set forth in this Section excluding the requirement
9of certification prior to the second license renewal and pay
10the required registered pharmacy technician license fees. A
11student pharmacist may, under the supervision of a pharmacist,
12assist in the practice of pharmacy and perform any and all
13functions delegated to him or her by the pharmacist.
14    (d) Any person seeking licensure as a pharmacist who has
15graduated from a pharmacy program outside the United States
16must register as a pharmacy technician and shall be considered
17a "student pharmacist" and be entitled to use the title
18"student pharmacist" while completing the 1,200 clinical hours
19of training approved by the Board of Pharmacy described and
20for no more than 18 months after completion of these hours.
21These individuals are not required to become registered
22certified pharmacy technicians while completing their Board
23approved clinical training, but must become licensed as a
24pharmacist or become licensed as a registered certified
25pharmacy technician before the second pharmacy technician
26license renewal following completion of the Board approved



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1clinical training.
2    (e) The Department shall not renew the registered pharmacy
3technician license of any person who has been licensed as a
4registered pharmacy technician with the designation "student
5pharmacist" who: (1) has dropped out of or been expelled from
6an ACPE accredited college of pharmacy; (2) has failed to
7complete his or her 1,200 hours of Board approved clinical
8training within 24 months; or (3) has failed the pharmacist
9licensure examination 3 times. The Department shall require
10these individuals to meet the requirements of and become
11licensed as a registered certified pharmacy technician.
12    (f) The Department may take any action set forth in
13Section 30 of this Act with regard to a license pursuant to
14this Section.
15    (g) Any person who is enrolled in a non-traditional
16Pharm.D. program at an ACPE accredited college of pharmacy and
17is licensed as a registered pharmacist under the laws of
18another United States jurisdiction shall be permitted to
19engage in the program of practice experience required in the
20academic program by virtue of such license. Such person shall
21be exempt from the requirement of licensure as a registered
22pharmacy technician or registered certified pharmacy
23technician while engaged in the program of practice experience
24required in the academic program.
25    An applicant for licensure as a registered pharmacy
26technician may assist a pharmacist in the practice of pharmacy



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1for a period of up to 60 days prior to the issuance of a
2license if the applicant has submitted the required fee and an
3application for licensure to the Department. The applicant
4shall keep a copy of the submitted application on the premises
5where the applicant is assisting in the practice of pharmacy.
6The Department shall forward confirmation of receipt of the
7application with start and expiration dates of practice
8pending licensure.
9(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
10    (225 ILCS 85/43.5 new)
11    Sec. 43.5. HIV prophylaxis. In accordance with a standing
12order by a physician licensed to practice medicine in all its
13branches or the medical director of a county or local health
14department, a pharmacist may provide patients with prophylaxis
15drugs for human immunodeficiency virus pre-exposure
16prophylaxis or post-exposure prophylaxis.
17    A pharmacist may provide initial assessment and dispensing
18of prophylaxis drugs for human immunodeficiency virus
19pre-exposure prophylaxis or post-exposure prophylaxis. If a
20patient's HIV test results are reactive, the pharmacist shall
21refer the patient to an appropriate health care professional
22or clinic. If the patient's HIV test results are nonreactive,
23the pharmacist may initiate human immunodeficiency virus
24pre-exposure prophylaxis or post-exposure prophylaxis to
25eligible patients.



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1    The standing order must be consistent with the current
2version of the guidelines of the Centers for Disease Control
3and Prevention, guidelines of the United States Preventive
4Services Task Force, or generally recognized evidence-based
5clinical guidelines.
6    A pharmacist must communicate the services provided under
7this Section to the patient and the patient's primary health
8care provider or other health care professional or clinic, if
9known. If there is no primary health care provider provided by
10the patient, then the pharmacist shall give the patient a list
11of primary health care providers, other health care
12professionals, and clinics in the area.
13    The services provided under this Section shall be
14appropriately documented and retained in a confidential manner
15consistent with State HIV confidentiality requirements.
16    The services provided under this Section shall take place
17in a private manner.
18    A pharmacist shall complete an educational training
19program accredited by the Accreditation Council for Pharmacy
20Education and approved by the Department that is related to
21the initiation, dispensing, or administration of drugs,
22laboratory tests, assessments, referrals, and consultations
23for human immunodeficiency virus pre-exposure prophylaxis and
24human immunodeficiency virus post-exposure prophylaxis.
25    Section 20. The Illinois Public Aid Code is amended by



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1changing Section 5-5.12d as follows:
2    (305 ILCS 5/5-5.12d)
3    Sec. 5-5.12d. Coverage for patient care services for
4hormonal contraceptives, human immunodeficiency virus
5pre-exposure prophylaxis, and human immunodeficiency virus
6post-exposure prophylaxis provided by a pharmacist.
7    (a) Subject to approval by the federal Centers for
8Medicare and Medicaid Services, the medical assistance
9program, including both the fee-for-service and managed care
10medical assistance programs established under this Article,
11shall cover patient care services provided by a pharmacist for
12hormonal contraceptives, human immunodeficiency virus
13pre-exposure prophylaxis, and human immunodeficiency virus
14post-exposure prophylaxis assessment and consultation.
15    (b) The Department shall establish a fee schedule for
16patient care services provided by a pharmacist under Sections
1743 and 43.5 of the Pharmacy Practice Act and shall be covered
18and reimbursed at no less than 85% of the rate that the
19services are reimbursed when provided by a physician for
20hormonal contraceptives assessment and consultation.
21    (c) The rate of reimbursement for patient care services
22provided by a pharmacist for hormonal contraceptives, human
23immunodeficiency virus pre-exposure prophylaxis, and human
24immunodeficiency virus post-exposure prophylaxis assessment
25and consultation shall be at 85% of the fee schedule for



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1physician services by the medical assistance program.
2    (d) A pharmacist must be enrolled in the medical
3assistance program as an ordering and referring provider prior
4to providing patient care services for hormonal
5contraceptives, human immunodeficiency virus pre-exposure
6prophylaxis, and human immunodeficiency virus post-exposure
7prophylaxis assessment and consultation that is submitted by a
8pharmacy or pharmacist provider for reimbursement pursuant to
9this Section.
10    (e) The Department shall apply for any necessary federal
11waivers or approvals to implement this Section by January 1,
122023 2022.
13    (f) This Section does not restrict or prohibit any
14services currently provided by pharmacists as authorized by
15law, including, but not limited to, pharmacist services
16provided under this Code or authorized under the Illinois
17Title XIX State Plan.
18    (g) The Department shall submit to the Joint Committee on
19Administrative Rules administrative rules for this Section as
20soon as practicable but no later than 6 months after federal
21approval is received.
22(Source: P.A. 102-103, eff. 1-1-22.)
23    Section 99. Effective date. This Act takes effect January
241, 2023.