102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5172

 

Introduced 1/27/2022, by Rep. Amy Grant

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 375/6.11
55 ILCS 5/5-1069.3
65 ILCS 5/10-4-2.3
105 ILCS 5/10-22.3f
215 ILCS 5/356z.43 rep.
225 ILCS 85/3
225 ILCS 85/43 rep.
305 ILCS 5/5-5.12d rep.

    Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Pharmacy Practice Act, and the Illinois Public Aid Code by restoring the provisions that were amended by Public Act 102-103 to the form in which they existed before their amendment by Public Act 102-103 and by repealing certain provisions that were added by Public Act 102-103. Effective immediately.


LRB102 25030 BMS 34288 b

 

 

A BILL FOR

 

HB5172LRB102 25030 BMS 34288 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 State Employees Group Insurance Act of 1971
5is amended by changing Section 6.11 as follows:
 
6    (5 ILCS 375/6.11)
7    Sec. 6.11. Required health benefits; Illinois Insurance
8Code requirements. The program of health benefits shall
9provide the post-mastectomy care benefits required to be
10covered by a policy of accident and health insurance under
11Section 356t of the Illinois Insurance Code. The program of
12health benefits shall provide the coverage required under
13Sections 356g, 356g.5, 356g.5-1, 356m, 356u, 356w, 356x,
14356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
15356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
16356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
17356z.36, and 356z.41, and 356z.43 of the Illinois Insurance
18Code. The program of health benefits must comply with Sections
19155.22a, 155.37, 355b, 356z.19, 370c, and 370c.1 and Article
20XXXIIB of the Illinois Insurance Code. The Department of
21Insurance shall enforce the requirements of this Section with
22respect to Sections 370c and 370c.1 of the Illinois Insurance
23Code; all other requirements of this Section shall be enforced

 

 

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1by the Department of Central Management Services.
2    Rulemaking authority to implement Public Act 95-1045, if
3any, is conditioned on the rules being adopted in accordance
4with all provisions of the Illinois Administrative Procedure
5Act and all rules and procedures of the Joint Committee on
6Administrative Rules; any purported rule not so adopted, for
7whatever reason, is unauthorized.
8(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
9100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
101-1-19; 100-1102, eff. 1-1-19; 100-1170, eff. 6-1-19; 101-13,
11eff. 6-12-19; 101-281, eff. 1-1-20; 101-393, eff. 1-1-20;
12101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
131-1-21; 102-103, eff. 1-1-22.)
 
14    Section 10. The Counties Code is amended by changing
15Section 5-1069.3 as follows:
 
16    (55 ILCS 5/5-1069.3)
17    Sec. 5-1069.3. Required health benefits. If a county,
18including a home rule county, is a self-insurer for purposes
19of providing health insurance coverage for its employees, the
20coverage shall include coverage for the post-mastectomy care
21benefits required to be covered by a policy of accident and
22health insurance under Section 356t and the coverage required
23under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
24356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,

 

 

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1356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
2356z.30a, 356z.32, 356z.33, 356z.36, and 356z.41, and 356z.43
3of the Illinois Insurance Code. The coverage shall comply with
4Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
5Insurance Code. The Department of Insurance shall enforce the
6requirements of this Section. The requirement that health
7benefits be covered as provided in this Section is an
8exclusive power and function of the State and is a denial and
9limitation under Article VII, Section 6, subsection (h) of the
10Illinois Constitution. A home rule county to which this
11Section applies must comply with every provision of this
12Section.
13    Rulemaking authority to implement Public Act 95-1045, if
14any, is conditioned on the rules being adopted in accordance
15with all provisions of the Illinois Administrative Procedure
16Act and all rules and procedures of the Joint Committee on
17Administrative Rules; any purported rule not so adopted, for
18whatever reason, is unauthorized.
19(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
20100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
211-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
22eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
23101-625, eff. 1-1-21; 102-103, eff. 1-1-22.)
 
24    Section 15. The Illinois Municipal Code is amended by
25changing Section 10-4-2.3 as follows:
 

 

 

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1    (65 ILCS 5/10-4-2.3)
2    Sec. 10-4-2.3. Required health benefits. If a
3municipality, including a home rule municipality, is a
4self-insurer for purposes of providing health insurance
5coverage for its employees, the coverage shall include
6coverage for the post-mastectomy care benefits required to be
7covered by a policy of accident and health insurance under
8Section 356t and the coverage required under Sections 356g,
9356g.5, 356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9,
10356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22,
11356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
12356z.36, and 356z.41, and 356z.43 of the Illinois Insurance
13Code. The coverage shall comply with Sections 155.22a, 355b,
14356z.19, and 370c of the Illinois Insurance Code. The
15Department of Insurance shall enforce the requirements of this
16Section. The requirement that health benefits be covered as
17provided in this is an exclusive power and function of the
18State and is a denial and limitation under Article VII,
19Section 6, subsection (h) of the Illinois Constitution. A home
20rule municipality to which this Section applies must comply
21with every provision of this Section.
22    Rulemaking authority to implement Public Act 95-1045, if
23any, is conditioned on the rules being adopted in accordance
24with all provisions of the Illinois Administrative Procedure
25Act and all rules and procedures of the Joint Committee on

 

 

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1Administrative Rules; any purported rule not so adopted, for
2whatever reason, is unauthorized.
3(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
4100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
51-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
6eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
7101-625, eff. 1-1-21; 102-103, eff. 1-1-22.)
 
8    Section 20. The School Code is amended by changing Section
910-22.3f as follows:
 
10    (105 ILCS 5/10-22.3f)
11    Sec. 10-22.3f. Required health benefits. Insurance
12protection and benefits for employees shall provide the
13post-mastectomy care benefits required to be covered by a
14policy of accident and health insurance under Section 356t and
15the coverage required under Sections 356g, 356g.5, 356g.5-1,
16356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
17356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
18356z.30a, 356z.32, 356z.33, 356z.36, and 356z.41, and 356z.43
19of the Illinois Insurance Code. Insurance policies shall
20comply with Section 356z.19 of the Illinois Insurance Code.
21The coverage shall comply with Sections 155.22a, 355b, and
22370c of the Illinois Insurance Code. The Department of
23Insurance shall enforce the requirements of this Section.
24    Rulemaking authority to implement Public Act 95-1045, if

 

 

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1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
7100-863, eff. 8-14-18; 100-1024, eff. 1-1-19; 100-1057, eff.
81-1-19; 100-1102, eff. 1-1-19; 101-81, eff. 7-12-19; 101-281,
9eff. 1-1-20; 101-393, eff. 1-1-20; 101-461, eff. 1-1-20;
10101-625, eff. 1-1-21; 102-103, eff. 1-1-22.)
 
11    (215 ILCS 5/356z.43 rep.)
12    Section 25. The Illinois Insurance Code is amended by
13repealing Section 356z.43, as added by Public Act 102-103.
 
14    Section 30. The Pharmacy Practice Act is amended by
15changing Section 3 as follows:
 
16    (225 ILCS 85/3)
17    (Section scheduled to be repealed on January 1, 2023)
18    Sec. 3. Definitions. For the purpose of this Act, except
19where otherwise limited therein:
20    (a) "Pharmacy" or "drugstore" means and includes every
21store, shop, pharmacy department, or other place where
22pharmacist care is provided by a pharmacist (1) where drugs,
23medicines, or poisons are dispensed, sold or offered for sale

 

 

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1at retail, or displayed for sale at retail; or (2) where
2prescriptions of physicians, dentists, advanced practice
3registered nurses, physician assistants, veterinarians,
4podiatric physicians, or optometrists, within the limits of
5their licenses, are compounded, filled, or dispensed; or (3)
6which has upon it or displayed within it, or affixed to or used
7in connection with it, a sign bearing the word or words
8"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
9"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
10"Drugs", "Dispensary", "Medicines", or any word or words of
11similar or like import, either in the English language or any
12other language; or (4) where the characteristic prescription
13sign (Rx) or similar design is exhibited; or (5) any store, or
14shop, or other place with respect to which any of the above
15words, objects, signs or designs are used in any
16advertisement.
17    (b) "Drugs" means and includes (1) articles recognized in
18the official United States Pharmacopoeia/National Formulary
19(USP/NF), or any supplement thereto and being intended for and
20having for their main use the diagnosis, cure, mitigation,
21treatment or prevention of disease in man or other animals, as
22approved by the United States Food and Drug Administration,
23but does not include devices or their components, parts, or
24accessories; and (2) all other articles intended for and
25having for their main use the diagnosis, cure, mitigation,
26treatment or prevention of disease in man or other animals, as

 

 

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1approved by the United States Food and Drug Administration,
2but does not include devices or their components, parts, or
3accessories; and (3) articles (other than food) having for
4their main use and intended to affect the structure or any
5function of the body of man or other animals; and (4) articles
6having for their main use and intended for use as a component
7or any articles specified in clause (1), (2) or (3); but does
8not include devices or their components, parts or accessories.
9    (c) "Medicines" means and includes all drugs intended for
10human or veterinary use approved by the United States Food and
11Drug Administration.
12    (d) "Practice of pharmacy" means:
13        (1) the interpretation and the provision of assistance
14    in the monitoring, evaluation, and implementation of
15    prescription drug orders;
16        (2) the dispensing of prescription drug orders;
17        (3) participation in drug and device selection;
18        (4) drug administration limited to the administration
19    of oral, topical, injectable, and inhalation as follows:
20            (A) in the context of patient education on the
21        proper use or delivery of medications;
22            (B) vaccination of patients 14 years of age and
23        older pursuant to a valid prescription or standing
24        order, by a physician licensed to practice medicine in
25        all its branches, upon completion of appropriate
26        training, including how to address contraindications

 

 

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

 

 

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1        contraindications and adverse reactions set forth by
2        rule, with notification to the patient's physician and
3        appropriate record retention, or pursuant to hospital
4        pharmacy and therapeutics committee policies and
5        procedures; and
6            (D) administration of injections of long-term
7        antipsychotic medications pursuant to a valid
8        prescription by a physician licensed to practice
9        medicine in all its branches, upon completion of
10        appropriate training conducted by an Accreditation
11        Council of Pharmaceutical Education accredited
12        provider, including how to address contraindications
13        and adverse reactions set forth by rule, with
14        notification to the patient's physician and
15        appropriate record retention, or pursuant to hospital
16        pharmacy and therapeutics committee policies and
17        procedures.
18        (5) vaccination of patients ages 10 through 13 limited
19    to the Influenza (inactivated influenza vaccine and live
20    attenuated influenza intranasal vaccine) and Tdap (defined
21    as tetanus, diphtheria, acellular pertussis) vaccines,
22    pursuant to a valid prescription or standing order, by a
23    physician licensed to practice medicine in all its
24    branches, upon completion of appropriate training,
25    including how to address contraindications and adverse
26    reactions set forth by rule, with notification to the

 

 

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1    patient's physician and appropriate record retention, or
2    pursuant to hospital pharmacy and therapeutics committee
3    policies and procedures;
4        (6) drug regimen review;
5        (7) drug or drug-related research;
6        (8) the provision of patient counseling;
7        (9) the practice of telepharmacy;
8        (10) the provision of those acts or services necessary
9    to provide pharmacist care;
10        (11) medication therapy management; and
11        (12) the responsibility for compounding and labeling
12    of drugs and devices (except labeling by a manufacturer,
13    repackager, or distributor of non-prescription drugs and
14    commercially packaged legend drugs and devices), proper
15    and safe storage of drugs and devices, and maintenance of
16    required records; and .
17        (13) the assessment and consultation of patients and
18    dispensing of hormonal contraceptives.
19    A pharmacist who performs any of the acts defined as the
20practice of pharmacy in this State must be actively licensed
21as a pharmacist under this Act.
22    (e) "Prescription" means and includes any written, oral,
23facsimile, or electronically transmitted order for drugs or
24medical devices, issued by a physician licensed to practice
25medicine in all its branches, dentist, veterinarian, podiatric
26physician, or optometrist, within the limits of his or her

 

 

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1license, by a physician assistant in accordance with
2subsection (f) of Section 4, or by an advanced practice
3registered nurse in accordance with subsection (g) of Section
44, containing the following: (1) name of the patient; (2) date
5when prescription was issued; (3) name and strength of drug or
6description of the medical device prescribed; and (4)
7quantity; (5) directions for use; (6) prescriber's name,
8address, and signature; and (7) DEA registration number where
9required, for controlled substances. The prescription may, but
10is not required to, list the illness, disease, or condition
11for which the drug or device is being prescribed. DEA
12registration numbers shall not be required on inpatient drug
13orders. A prescription for medication other than controlled
14substances shall be valid for up to 15 months from the date
15issued for the purpose of refills, unless the prescription
16states otherwise.
17    (f) "Person" means and includes a natural person,
18partnership, association, corporation, government entity, or
19any other legal entity.
20    (g) "Department" means the Department of Financial and
21Professional Regulation.
22    (h) "Board of Pharmacy" or "Board" means the State Board
23of Pharmacy of the Department of Financial and Professional
24Regulation.
25    (i) "Secretary" means the Secretary of Financial and
26Professional Regulation.

 

 

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1    (j) "Drug product selection" means the interchange for a
2prescribed pharmaceutical product in accordance with Section
325 of this Act and Section 3.14 of the Illinois Food, Drug and
4Cosmetic Act.
5    (k) "Inpatient drug order" means an order issued by an
6authorized prescriber for a resident or patient of a facility
7licensed under the Nursing Home Care Act, the ID/DD Community
8Care Act, the MC/DD Act, the Specialized Mental Health
9Rehabilitation Act of 2013, the Hospital Licensing Act, or the
10University of Illinois Hospital Act, or a facility which is
11operated by the Department of Human Services (as successor to
12the Department of Mental Health and Developmental
13Disabilities) or the Department of Corrections.
14    (k-5) "Pharmacist" means an individual health care
15professional and provider currently licensed by this State to
16engage in the practice of pharmacy.
17    (l) "Pharmacist in charge" means the licensed pharmacist
18whose name appears on a pharmacy license and who is
19responsible for all aspects of the operation related to the
20practice of pharmacy.
21    (m) "Dispense" or "dispensing" means the interpretation,
22evaluation, and implementation of a prescription drug order,
23including the preparation and delivery of a drug or device to a
24patient or patient's agent in a suitable container
25appropriately labeled for subsequent administration to or use
26by a patient in accordance with applicable State and federal

 

 

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1laws and regulations. "Dispense" or "dispensing" does not mean
2the physical delivery to a patient or a patient's
3representative in a home or institution by a designee of a
4pharmacist or by common carrier. "Dispense" or "dispensing"
5also does not mean the physical delivery of a drug or medical
6device to a patient or patient's representative by a
7pharmacist's designee within a pharmacy or drugstore while the
8pharmacist is on duty and the pharmacy is open.
9    (n) "Nonresident pharmacy" means a pharmacy that is
10located in a state, commonwealth, or territory of the United
11States, other than Illinois, that delivers, dispenses, or
12distributes, through the United States Postal Service,
13commercially acceptable parcel delivery service, or other
14common carrier, to Illinois residents, any substance which
15requires a prescription.
16    (o) "Compounding" means the preparation and mixing of
17components, excluding flavorings, (1) as the result of a
18prescriber's prescription drug order or initiative based on
19the prescriber-patient-pharmacist relationship in the course
20of professional practice or (2) for the purpose of, or
21incident to, research, teaching, or chemical analysis and not
22for sale or dispensing. "Compounding" includes the preparation
23of drugs or devices in anticipation of receiving prescription
24drug orders based on routine, regularly observed dispensing
25patterns. Commercially available products may be compounded
26for dispensing to individual patients only if all of the

 

 

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1following conditions are met: (i) the commercial product is
2not reasonably available from normal distribution channels in
3a timely manner to meet the patient's needs and (ii) the
4prescribing practitioner has requested that the drug be
5compounded.
6    (p) (Blank).
7    (q) (Blank).
8    (r) "Patient counseling" means the communication between a
9pharmacist or a student pharmacist under the supervision of a
10pharmacist and a patient or the patient's representative about
11the patient's medication or device for the purpose of
12optimizing proper use of prescription medications or devices.
13"Patient counseling" may include without limitation (1)
14obtaining a medication history; (2) acquiring a patient's
15allergies and health conditions; (3) facilitation of the
16patient's understanding of the intended use of the medication;
17(4) proper directions for use; (5) significant potential
18adverse events; (6) potential food-drug interactions; and (7)
19the need to be compliant with the medication therapy. A
20pharmacy technician may only participate in the following
21aspects of patient counseling under the supervision of a
22pharmacist: (1) obtaining medication history; (2) providing
23the offer for counseling by a pharmacist or student
24pharmacist; and (3) acquiring a patient's allergies and health
25conditions.
26    (s) "Patient profiles" or "patient drug therapy record"

 

 

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1means the obtaining, recording, and maintenance of patient
2prescription information, including prescriptions for
3controlled substances, and personal information.
4    (t) (Blank).
5    (u) "Medical device" or "device" means an instrument,
6apparatus, implement, machine, contrivance, implant, in vitro
7reagent, or other similar or related article, including any
8component part or accessory, required under federal law to
9bear the label "Caution: Federal law requires dispensing by or
10on the order of a physician". A seller of goods and services
11who, only for the purpose of retail sales, compounds, sells,
12rents, or leases medical devices shall not, by reasons
13thereof, be required to be a licensed pharmacy.
14    (v) "Unique identifier" means an electronic signature,
15handwritten signature or initials, thumb print, or other
16acceptable biometric or electronic identification process as
17approved by the Department.
18    (w) "Current usual and customary retail price" means the
19price that a pharmacy charges to a non-third-party payor.
20    (x) "Automated pharmacy system" means a mechanical system
21located within the confines of the pharmacy or remote location
22that performs operations or activities, other than compounding
23or administration, relative to storage, packaging, dispensing,
24or distribution of medication, and which collects, controls,
25and maintains all transaction information.
26    (y) "Drug regimen review" means and includes the

 

 

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1evaluation of prescription drug orders and patient records for
2(1) known allergies; (2) drug or potential therapy
3contraindications; (3) reasonable dose, duration of use, and
4route of administration, taking into consideration factors
5such as age, gender, and contraindications; (4) reasonable
6directions for use; (5) potential or actual adverse drug
7reactions; (6) drug-drug interactions; (7) drug-food
8interactions; (8) drug-disease contraindications; (9)
9therapeutic duplication; (10) patient laboratory values when
10authorized and available; (11) proper utilization (including
11over or under utilization) and optimum therapeutic outcomes;
12and (12) abuse and misuse.
13    (z) "Electronically transmitted prescription" means a
14prescription that is created, recorded, or stored by
15electronic means; issued and validated with an electronic
16signature; and transmitted by electronic means directly from
17the prescriber to a pharmacy. An electronic prescription is
18not an image of a physical prescription that is transferred by
19electronic means from computer to computer, facsimile to
20facsimile, or facsimile to computer.
21    (aa) "Medication therapy management services" means a
22distinct service or group of services offered by licensed
23pharmacists, physicians licensed to practice medicine in all
24its branches, advanced practice registered nurses authorized
25in a written agreement with a physician licensed to practice
26medicine in all its branches, or physician assistants

 

 

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1authorized in guidelines by a supervising physician that
2optimize therapeutic outcomes for individual patients through
3improved medication use. In a retail or other non-hospital
4pharmacy, medication therapy management services shall consist
5of the evaluation of prescription drug orders and patient
6medication records to resolve conflicts with the following:
7        (1) known allergies;
8        (2) drug or potential therapy contraindications;
9        (3) reasonable dose, duration of use, and route of
10    administration, taking into consideration factors such as
11    age, gender, and contraindications;
12        (4) reasonable directions for use;
13        (5) potential or actual adverse drug reactions;
14        (6) drug-drug interactions;
15        (7) drug-food interactions;
16        (8) drug-disease contraindications;
17        (9) identification of therapeutic duplication;
18        (10) patient laboratory values when authorized and
19    available;
20        (11) proper utilization (including over or under
21    utilization) and optimum therapeutic outcomes; and
22        (12) drug abuse and misuse.
23    "Medication therapy management services" includes the
24following:
25        (1) documenting the services delivered and
26    communicating the information provided to patients'

 

 

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1    prescribers within an appropriate time frame, not to
2    exceed 48 hours;
3        (2) providing patient counseling designed to enhance a
4    patient's understanding and the appropriate use of his or
5    her medications; and
6        (3) providing information, support services, and
7    resources designed to enhance a patient's adherence with
8    his or her prescribed therapeutic regimens.
9    "Medication therapy management services" may also include
10patient care functions authorized by a physician licensed to
11practice medicine in all its branches for his or her
12identified patient or groups of patients under specified
13conditions or limitations in a standing order from the
14physician.
15    "Medication therapy management services" in a licensed
16hospital may also include the following:
17        (1) reviewing assessments of the patient's health
18    status; and
19        (2) following protocols of a hospital pharmacy and
20    therapeutics committee with respect to the fulfillment of
21    medication orders.
22    (bb) "Pharmacist care" means the provision by a pharmacist
23of medication therapy management services, with or without the
24dispensing of drugs or devices, intended to achieve outcomes
25that improve patient health, quality of life, and comfort and
26enhance patient safety.

 

 

HB5172- 20 -LRB102 25030 BMS 34288 b

1    (cc) "Protected health information" means individually
2identifiable health information that, except as otherwise
3provided, is:
4        (1) transmitted by electronic media;
5        (2) maintained in any medium set forth in the
6    definition of "electronic media" in the federal Health
7    Insurance Portability and Accountability Act; or
8        (3) transmitted or maintained in any other form or
9    medium.
10    "Protected health information" does not include
11individually identifiable health information found in:
12        (1) education records covered by the federal Family
13    Educational Right and Privacy Act; or
14        (2) employment records held by a licensee in its role
15    as an employer.
16    (dd) "Standing order" means a specific order for a patient
17or group of patients issued by a physician licensed to
18practice medicine in all its branches in Illinois.
19    (ee) "Address of record" means the designated address
20recorded by the Department in the applicant's application file
21or licensee's license file maintained by the Department's
22licensure maintenance unit.
23    (ff) "Home pharmacy" means the location of a pharmacy's
24primary operations.
25    (gg) "Email address of record" means the designated email
26address recorded by the Department in the applicant's

 

 

HB5172- 21 -LRB102 25030 BMS 34288 b

1application file or the licensee's license file, as maintained
2by the Department's licensure maintenance unit.
3(Source: P.A. 100-208, eff. 1-1-18; 100-497, eff. 9-8-17;
4100-513, eff. 1-1-18; 100-804, eff. 1-1-19; 100-863, eff.
58-14-18; 101-349, eff. 1-1-20; 102-103, eff. 1-1-22.)
 
6    (225 ILCS 85/43 rep.)
7    Section 35. The Pharmacy Practice Act is amended by
8repealing Section 43, as added by Public Act 102-103.
 
9    (305 ILCS 5/5-5.12d rep.)
10    Section 40. The Illinois Public Aid Code is amended by
11repealing Section 5-5.12d, as added by Public Act 102-103.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.