Sen. William R. Haine

Filed: 4/30/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1293

2     AMENDMENT NO. ______. Amend House Bill 1293 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Pharmacy Practice Act is amended by
5 changing Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as
6 follows:
 
7     (225 ILCS 85/3)  (from Ch. 111, par. 4123)
8     (Section scheduled to be repealed on January 1, 2018)
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 care is provided by a pharmacist (1) where drugs,
14 medicines, or poisons are dispensed, sold or offered for sale
15 at retail, or displayed for sale at retail; or (2) where
16 prescriptions of physicians, dentists, advanced practice

 

 

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

 

 

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

 

 

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1 necessary to provide pharmacist care; (10) medication therapy
2 management; and (11) the responsibility for compounding and
3 labeling of drugs and devices (except labeling by a
4 manufacturer, repackager, or distributor of non-prescription
5 drugs and commercially packaged legend drugs and devices),
6 proper and safe storage of drugs and devices, and maintenance
7 of required records. A pharmacist who performs any of the acts
8 defined as the practice of pharmacy in this State must be
9 actively licensed as a pharmacist under this Act.
10     (e) "Prescription" means and includes any written, oral,
11 facsimile, or electronically transmitted order for drugs or
12 medical devices, issued by a physician licensed to practice
13 medicine in all its branches, dentist, veterinarian, or
14 podiatrist, or optometrist, within the limits of their
15 licenses, by a physician assistant in accordance with
16 subsection (f) of Section 4, or by an advanced practice nurse
17 in accordance with subsection (g) of Section 4, containing the
18 following: (l) name of the patient; (2) date when prescription
19 was issued; (3) name and strength of drug or description of the
20 medical device prescribed; and (4) quantity, (5) directions for
21 use, (6) prescriber's name, address and signature, and (7) DEA
22 number where required, for controlled substances. DEA numbers
23 shall not be required on inpatient drug orders.
24     (f) "Person" means and includes a natural person,
25 copartnership, association, corporation, government entity, or
26 any other legal entity.

 

 

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1     (g) "Department" means the Department of Financial and
2 Professional Regulation.
3     (h) "Board of Pharmacy" or "Board" means the State Board of
4 Pharmacy of the Department of Financial and Professional
5 Regulation.
6     (i) "Secretary" means the Secretary of Financial and
7 Professional Regulation.
8     (j) "Drug product selection" means the interchange for a
9 prescribed pharmaceutical product in accordance with Section
10 25 of this Act and Section 3.14 of the Illinois Food, Drug and
11 Cosmetic Act.
12     (k) "Inpatient drug order" means an order issued by an
13 authorized prescriber for a resident or patient of a facility
14 licensed under the Nursing Home Care Act or the Hospital
15 Licensing Act, or "An Act in relation to the founding and
16 operation of the University of Illinois Hospital and the
17 conduct of University of Illinois health care programs",
18 approved July 3, 1931, as amended, or a facility which is
19 operated by the Department of Human Services (as successor to
20 the Department of Mental Health and Developmental
21 Disabilities) or the Department of Corrections.
22     (k-5) "Pharmacist" means an individual health care
23 professional and provider currently licensed by this State to
24 engage in the practice of pharmacy.
25     (l) "Pharmacist in charge" means the licensed pharmacist
26 whose name appears on a pharmacy license and who is responsible

 

 

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

 

 

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

 

 

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

 

 

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1 price that a pharmacy charges to a non-third-party payor .
2     (x) "Automated pharmacy system" means a mechanical system
3 located within the confines of the pharmacy or remote location
4 that performs operations or activities, other than compounding
5 or administration, relative to storage, packaging, dispensing,
6 or distribution of medication, and which collects, controls,
7 and maintains all transaction information.
8     (y) "Drug regimen review" means and includes the evaluation
9 of prescription drug orders and patient records for (1) known
10 allergies; (2) drug or potential therapy contraindications;
11 (3) reasonable dose, duration of use, and route of
12 administration, taking into consideration factors such as age,
13 gender, and contraindications; (4) reasonable directions for
14 use; (5) potential or actual adverse drug reactions; (6)
15 drug-drug interactions; (7) drug-food interactions; (8)
16 drug-disease contraindications; (9) therapeutic duplication;
17 (10) patient laboratory values when authorized and available;
18 (11) proper utilization (including over or under utilization)
19 and optimum therapeutic outcomes; and (12) abuse and misuse.
20     (z) "Electronic transmission prescription" means any
21 prescription order for which a facsimile or electronic image of
22 the order is electronically transmitted from a licensed
23 prescriber to a pharmacy. "Electronic transmission
24 prescription" includes both data and image prescriptions.
25     (aa) "Medication therapy management services" means a
26 distinct service or group of services offered by licensed

 

 

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

 

 

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

 

 

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

 

 

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1 primary operations.
2 (Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
 
3     (225 ILCS 85/9)  (from Ch. 111, par. 4129)
4     (Section scheduled to be repealed on January 1, 2018)
5     Sec. 9. Registration as pharmacy technician. Any person
6 shall be entitled to registration as a registered pharmacy
7 technician who is of the age of 16 or over, has not engaged in
8 conduct or behavior determined to be grounds for discipline
9 under this Act, is attending or has graduated from an
10 accredited high school or comparable school or educational
11 institution or received a GED, and has filed a written
12 application for registration on a form to be prescribed and
13 furnished by the Department for that purpose. The Department
14 shall issue a certificate of registration as a registered
15 pharmacy technician to any applicant who has qualified as
16 aforesaid, and such registration shall be the sole authority
17 required to assist licensed pharmacists in the practice of
18 pharmacy, under the supervision of a licensed pharmacist. A
19 registered pharmacy technician may, under the supervision of a
20 pharmacist, assist in the practice of pharmacy and perform such
21 functions as assisting in the dispensing process, offering
22 counseling, receiving new verbal prescription orders, and
23 having prescriber contact concerning prescription drug order
24 clarification. A registered pharmacy technician may not engage
25 in patient counseling, drug regimen review, or clinical

 

 

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1 conflict resolution.
2     Beginning on January 1, 2010, within 2 years after initial
3 registration being employed as a registered technician, a
4 pharmacy technician must become certified by successfully
5 passing the Pharmacy Technician Certification Board (PTCB)
6 examination or another Board-approved pharmacy technician
7 examination and register as a certified pharmacy technician
8 with the Department in order to continue to perform pharmacy
9 technician's duties. This requirement does not apply to
10 pharmacy technicians registered hired prior to January 1, 2008.
11     Any person registered as a pharmacy technician who is also
12 enrolled in a first professional degree program in pharmacy in
13 a school or college of pharmacy or a department of pharmacy of
14 a university approved by the Department or has graduated from
15 such a program within the last 18 months, shall be considered a
16 "student pharmacist pharmacy intern" and entitled to use the
17 title "student pharmacist" pharmacy intern". A student
18 pharmacist pharmacy intern must meet all of the requirements
19 for registration as a pharmacy technician set forth in this
20 Section excluding the requirement of certification prior to the
21 second registration renewal and pay the required pharmacy
22 technician registration fees. A student pharmacist may, under
23 the supervision of a pharmacist, assist in the practice of
24 pharmacy and perform any and all functions delegated to him or
25 her by the pharmacist.
26     Any person seeking licensure as a pharmacist who has

 

 

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1 graduated from a pharmacy program outside the United States
2 must register as a pharmacy technician and shall be considered
3 a "student pharmacist" and be entitled to use the title
4 "student pharmacist" while completing the 1,200 clinical hours
5 of training approved by the Board of Pharmacy described and for
6 no more than 18 months after completion of these hours. These
7 individuals are not required to become certified pharmacy
8 technicians while completing their Board approved clinical
9 training, but must become licensed as a pharmacist or become a
10 certified pharmacy technician before the second pharmacy
11 technician registration renewal following completion of the
12 Board approved clinical training.
13     The Department shall not renew the pharmacy technician
14 license of any person who has been registered as a "student
15 pharmacist" and has dropped out of or been expelled from an
16 ACPE accredited college of pharmacy, who has failed to complete
17 his or her 1,200 hours of Board approved clinical training
18 within 24 months or who has failed the pharmacist licensure
19 examination 3 times and shall require these individuals to meet
20 the requirements of and become registered a certified pharmacy
21 technician.
22     The Department, upon the recommendation of the Board, may
23 take any action set forth in Section 30 of this Act with regard
24 to registrations certificates pursuant to this Section.
25     Any person who is enrolled in a non-traditional Pharm.D.
26 program at an ACPE accredited college of pharmacy and is a

 

 

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1 licensed pharmacist under the laws of another United States
2 jurisdiction shall be permitted to engage in the program of
3 practice experience required in the academic program by virtue
4 of such license. Such person shall be exempt from the
5 requirement of registration as a registered pharmacy
6 technician while engaged in the program of practice experience
7 required in the academic program.
8     An applicant for registration as a pharmacy technician may
9 assist a pharmacist in the practice of pharmacy for a period of
10 up to 60 days prior to the issuance of a certificate of
11 registration if the applicant has submitted the required fee
12 and an application for registration to the Department. The
13 applicant shall keep a copy of the submitted application on the
14 premises where the applicant is assisting in the practice of
15 pharmacy. The Department shall forward confirmation of receipt
16 of the application with start and expiration dates of practice
17 pending registration.
18 (Source: P.A. 95-689, eff. 10-29-07.)
 
19     (225 ILCS 85/9.5)
20     (Section scheduled to be repealed on January 1, 2018)
21     Sec. 9.5. Certified pharmacy technician.
22     (a) An individual registered as a pharmacy technician under
23 this Act may be registered receive certification as a certified
24 pharmacy technician, if he or she meets all of the following
25 requirements:

 

 

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1         (1) He or she has submitted a written application in
2     the form and manner prescribed by the Department Board.
3         (2) He or she has attained the age of 18.
4         (3) He or she is of good moral character, as determined
5     by the Department.
6         (4) He or she has (i) graduated from pharmacy
7     technician training meeting the requirements set forth in
8     subsection (a) of Section 17.1 of this Act or (ii) obtained
9     documentation from the pharmacist-in-charge of the
10     pharmacy where the applicant is employed verifying that he
11     or she has successfully completed a training program and
12     has successfully completed an objective assessment
13     mechanism prepared in accordance with rules established by
14     the Department Board.
15         (5) He or she has successfully passed an examination
16     accredited by the National Organization of Certifying
17     Agencies, as approved and required by the Board.
18         (6) He or she has paid the required certification fees.
19     (b) No pharmacist whose license has been denied, revoked,
20 suspended, or restricted for disciplinary purposes may be
21 eligible to be registered as a certified pharmacy technician.
22     (c) The Department Board may, by rule, establish any
23 additional requirements for certification under this Section.
24     (d) A person who is not a registered pharmacy technician
25 and meets the requirements of this Section may register as a
26 certified pharmacy technician without first registering as a

 

 

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1 pharmacy technician.
2 (Source: P.A. 95-689, eff. 10-29-07.)
 
3     (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)
4     (Section scheduled to be repealed on January 1, 2018)
5     Sec. 16a.
6     (a) The Department shall establish rules and regulations,
7 consistent with the provisions of this Act, governing
8 nonresident pharmacies, including pharmacies providing
9 services via the Internet, which sell, or offer for sale,
10 drugs, medicines, or other pharmaceutical services in this
11 State.
12     (b) The Department Board shall require and provide for an
13 annual nonresident special pharmacy registration for all
14 pharmacies located outside of this State that dispense
15 medications for Illinois residents and mail, ship, or deliver
16 prescription medications into this State. Nonresident special
17 pharmacy registration shall be granted by the Department Board
18 upon the disclosure and certification by a pharmacy:
19         (1) that it is licensed in the state in which the
20     dispensing facility is located and from which the drugs are
21     dispensed;
22         (2) of the location, names, and titles of all principal
23     corporate officers and all pharmacists who are dispensing
24     drugs to residents of this State;
25         (3) that it complies with all lawful directions and

 

 

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1     requests for information from the board of pharmacy of each
2     state in which it is licensed or registered, except that it
3     shall respond directly to all communications from the Board
4     or Department concerning any emergency circumstances
5     arising from the dispensing of drugs to residents of this
6     State;
7         (4) that it maintains its records of drugs dispensed to
8     residents of this State so that the records are readily
9     retrievable from the records of other drugs dispensed;
10         (5) that it cooperates with the Board or Department in
11     providing information to the board of pharmacy of the state
12     in which it is licensed concerning matters related to the
13     dispensing of drugs to residents of this State; and
14         (6) that during its regular hours of operation, but not
15     less than 6 days per week, for a minimum of 40 hours per
16     week, a toll-free telephone service is provided to
17     facilitate communication between patients in this State
18     and a pharmacist at the pharmacy who has access to the
19     patients' records. The toll-free number must be disclosed
20     on the label affixed to each container of drugs dispensed
21     to residents of this State.
22 (Source: P.A. 95-689, eff. 10-29-07.)
 
23     (225 ILCS 85/25.15)
24     (Section scheduled to be repealed on January 1, 2018)
25     Sec. 25.15. Telepharmacy.

 

 

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1     (a) In this Section, "telepharmacy" means the provision of
2 pharmacist care by a pharmacist that is accomplished through
3 the use of telecommunications or other technologies to patients
4 or their agents who are at a distance and are located within
5 the United States, and which follows all federal and State
6 laws, rules, and regulations with regard to privacy and
7 security.
8     (b) Any pharmacy engaged in the practice of telepharmacy
9 must meet all of the following conditions:
10         (1) All events involving the contents of an automated
11     pharmacy system must be stored in a secure location and may
12     be recorded electronically.
13         (2) An automated pharmacy or prescription dispensing
14     machine system may be used in conjunction with the
15     pharmacy's practice of telepharmacy after inspection and
16     approval by the Department.
17         (3) The pharmacist in charge shall:
18             (A) be responsible for the practice of
19         telepharmacy performed at a remote pharmacy, including
20         the supervision of any prescription dispensing machine
21         or automated medication system;
22             (B) ensure that the home pharmacy has sufficient
23         pharmacists on duty for the safe operation and
24         supervision of all remote pharmacies;
25             (C) ensure, through the use of a video and auditory
26         communication system, that a certified pharmacy

 

 

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1         technician at the remote pharmacy has accurately and
2         correctly prepared any prescription for dispensing
3         according to the prescription;
4             (D) be responsible for the supervision and
5         training of certified pharmacy technicians at remote
6         pharmacies who shall be subject to all rules and
7         regulations; and
8             (E) ensure that patient counseling at the remote
9         pharmacy is performed by a pharmacist or student
10         pharmacist pharmacist intern.
11 (Source: P.A. 95-689, eff. 10-29-07.)
 
12     (225 ILCS 85/30)  (from Ch. 111, par. 4150)
13     (Section scheduled to be repealed on January 1, 2018)
14     Sec. 30. Refusal, revocation, or suspension.
15 (a) The Department may refuse to issue or renew, or may revoke
16 a license or registration, or may suspend, place on probation,
17 fine, or take any disciplinary or non-disciplinary action as
18 the Department may deem proper, including fines not to exceed
19 $10,000 for each violation, with regard to any licensee or
20 registrant In accordance with Section 11 of this Act, the
21 Department may refuse to issue, restore, or renew, or may
22 revoke, suspend, place on probation, or reprimand as the
23 Department may deem proper with regard to any license or
24 certificate of registration or may impose a fine upon a
25 licensee or registrant not to exceed $10,000 per violation for

 

 

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1 any one or combination of the following causes:
2         1. Material misstatement in furnishing information to
3     the Department.
4         2. Violations of this Act, or the rules promulgated
5     hereunder.
6         3. Making any misrepresentation for the purpose of
7     obtaining licenses.
8         4. A pattern of conduct which demonstrates
9     incompetence or unfitness to practice.
10         5. Aiding or assisting another person in violating any
11     provision of this Act or rules.
12         6. Failing, within 60 days, to respond to a written
13     request made by the Department for information.
14         7. Engaging in unprofessional, dishonorable, or
15     unethical conduct of a character likely to deceive, defraud
16     or harm the public.
17         8. Discipline by another U.S. jurisdiction or foreign
18     nation, if at least one of the grounds for the discipline
19     is the same or substantially equivalent to those set forth
20     herein.
21         9. Directly or indirectly giving to or receiving from
22     any person, firm, corporation, partnership or association
23     any fee, commission, rebate or other form of compensation
24     for any professional services not actually or personally
25     rendered.
26         10. A finding by the Department that the licensee,

 

 

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1     after having his license placed on probationary status has
2     violated the terms of probation.
3         11. Selling or engaging in the sale of drug samples
4     provided at no cost by drug manufacturers.
5         12. Physical illness, including but not limited to,
6     deterioration through the aging process, or loss of motor
7     skill which results in the inability to practice the
8     profession with reasonable judgment, skill or safety.
9         13. A finding that licensure or registration has been
10     applied for or obtained by fraudulent means.
11         14. The applicant or licensee has been convicted in
12     state or federal court of or entered a plea of guilty, nolo
13     contendere, or the equivalent in a state or federal court
14     to any crime which is a felony or any misdemeanor related
15     to the practice of pharmacy or , of which an essential
16     element is dishonesty.
17         15. Habitual or excessive use or addiction to alcohol,
18     narcotics, stimulants or any other chemical agent or drug
19     which results in the inability to practice with reasonable
20     judgment, skill or safety.
21         16. Willfully making or filing false records or reports
22     in the practice of pharmacy, including, but not limited to
23     false records to support claims against the medical
24     assistance program of the Department of Healthcare and
25     Family Services (formerly Department of Public Aid) under
26     the Public Aid Code.

 

 

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1         17. Gross and willful overcharging for professional
2     services including filing false statements for collection
3     of fees for which services are not rendered, including, but
4     not limited to, filing false statements for collection of
5     monies for services not rendered from the medical
6     assistance program of the Department of Healthcare and
7     Family Services (formerly Department of Public Aid) under
8     the Public Aid Code.
9         18. Dispensing Repetitiously dispensing prescription
10     drugs without receiving a written or oral prescription in
11     violation of law.
12         19. Upon a finding of a substantial discrepancy in a
13     Department audit of a prescription drug, including
14     controlled substances, as that term is defined in this Act
15     or in the Illinois Controlled Substances Act.
16         20. Physical or mental illness or any other impairment
17     or disability, including without limitation deterioration
18     through the aging process or loss of motor skills that
19     results in the inability to practice with reasonable
20     judgment, skill or safety, or mental incompetence, as
21     declared by a court of competent jurisdiction.
22         21. Violation of the Health Care Worker Self-Referral
23     Act.
24         22. Failing to sell or dispense any drug, medicine, or
25     poison in good faith. "Good faith", for the purposes of
26     this Section, has the meaning ascribed to it in subsection

 

 

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1     (u) of Section 102 of the Illinois Controlled Substances
2     Act. "Good faith", as used in this item (22), shall not be
3     limited to the sale or dispensing of controlled substances,
4     but shall apply to all prescription drugs.
5         23. Interfering with the professional judgment of a
6     pharmacist by any registrant under this Act, or his or her
7     agents or employees.
8         24. Failing to report within 60 days to the Department
9     any adverse final action taken against a pharmacist,
10     pharmacist technician, or certified pharmacist technician
11     by another licensing jurisdiction in any other state or any
12     territory of the United States or any foreign jurisdiction,
13     any governmental agency, any law enforcement agency, or any
14     court for acts or conduct similar to acts or conduct that
15     would constitute grounds for discipline as defined in this
16     Section.
17         25. Failing to comply with a subpoena issued in
18     accordance with Section 35.5 of this Act.
19         26. Disclosing protected health information in
20     violation of any State or federal law.
21     (b) The Department may refuse to issue or may suspend the
22 license or registration of any person who fails to file a
23 return, or to pay the tax, penalty or interest shown in a filed
24 return, or to pay any final assessment of tax, penalty or
25 interest, as required by any tax Act administered by the
26 Illinois Department of Revenue, until such time as the

 

 

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1 requirements of any such tax Act are satisfied.
2     (c) The Department shall revoke the license or certificate
3 of registration issued under the provisions of this Act or any
4 prior Act of this State of any person who has been convicted a
5 second time of committing any felony under the Illinois
6 Controlled Substances Act, or who has been convicted a second
7 time of committing a Class 1 felony under Sections 8A-3 and
8 8A-6 of the Illinois Public Aid Code. A person whose license or
9 certificate of registration issued under the provisions of this
10 Act or any prior Act of this State is revoked under this
11 subsection (c) shall be prohibited from engaging in the
12 practice of pharmacy in this State.
13     (d) The Department may adopt rules for the imposition of
14 fines in disciplinary cases, not to exceed $10,000 for each
15 violation of this Act. Fines may be imposed in conjunction with
16 other forms of disciplinary action, but shall not be the
17 exclusive disposition of any disciplinary action arising out of
18 conduct resulting in death or injury to a patient. Fines shall
19 be paid within 60 days or as otherwise agreed to by the
20 Department. Any funds collected from such fines shall be
21 deposited in the Illinois State Pharmacy Disciplinary Fund.
22     (e) The entry of an order or judgment by any circuit court
23 establishing that any person holding a license or certificate
24 under this Act is a person in need of mental treatment operates
25 as a suspension of that license. A licensee may resume his or
26 her practice only upon the entry of an order of the Department

 

 

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1 based upon a finding by the Board that he or she has been
2 determined to be recovered from mental illness by the court and
3 upon the Board's recommendation that the licensee be permitted
4 to resume his or her practice.
5     (f) The Department shall issue quarterly to the Board a
6 status of all complaints related to the profession received by
7 the Department.
8     (g) In enforcing this Section, the Board or the Department,
9 upon a showing of a possible violation, may compel any licensee
10 or applicant for licensure under this Act to submit to a mental
11 or physical examination or both, as required by and at the
12 expense of the Department. The examining physician, or
13 multidisciplinary team involved in providing physical and
14 mental examinations led by a physician consisting of one or a
15 combination of licensed physicians, licensed clinical
16 psychologists, licensed clinical social workers, licensed
17 clinical professional counselors, and other professional and
18 administrative staff, shall be those specifically designated
19 by the Department. The Board or the Department may order the
20 examining physician or any member of the multidisciplinary team
21 to present testimony concerning this mental or physical
22 examination of the licensee or applicant. No information,
23 report, or other documents in any way related to the
24 examination shall be excluded by reason of any common law or
25 statutory privilege relating to communication between the
26 licensee or applicant and the examining physician or any member

 

 

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1 of the multidisciplinary team. The individual to be examined
2 may have, at his or her own expense, another physician of his
3 or her choice present during all aspects of the examination.
4 Failure of any individual to submit to a mental or physical
5 examination when directed shall be grounds for suspension of
6 his or her license until such time as the individual submits to
7 the examination if the Board finds, after notice and hearing,
8 that the refusal to submit to the examination was without
9 reasonable cause. If the Board finds a pharmacist, certified
10 pharmacy technician, or pharmacy technician unable to practice
11 because of the reasons set forth in this Section, the Board
12 shall require such pharmacist, certified pharmacy technician,
13 or pharmacy technician to submit to care, counseling, or
14 treatment by physicians or other appropriate health care
15 providers approved or designated by the Board as a condition
16 for continued, reinstated, or renewed licensure to practice.
17 Any pharmacist, certified pharmacy technician, or pharmacy
18 technician whose license was granted, continued, reinstated,
19 renewed, disciplined, or supervised, subject to such terms,
20 conditions, or restrictions, and who fails to comply with such
21 terms, conditions, or restrictions or to complete a required
22 program of care, counseling, or treatment, as determined by the
23 chief pharmacy coordinator or a deputy pharmacy coordinator,
24 shall be referred to the Secretary for a determination as to
25 whether the licensee shall have his or her license suspended
26 immediately, pending a hearing by the Board. In instances in

 

 

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1 which the Secretary immediately suspends a license under this
2 subsection (g), a hearing upon such person's license must be
3 convened by the Board within 15 days after such suspension and
4 completed without appreciable delay. The Board shall have the
5 authority to review the subject pharmacist's, certified
6 pharmacy technician's, or pharmacy technician's record of
7 treatment and counseling regarding the impairment.
8 (Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07.)
 
9     (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)
10     (Section scheduled to be repealed on January 1, 2018)
11     Sec. 35.16. The Secretary Director may temporarily suspend
12 the license of a pharmacist or pharmacy, or the registration of
13 a , pharmacy technician or certified pharmacy technician
14 registration as a distributor, without a hearing,
15 simultaneously with the institution of proceedings for a
16 hearing provided for in Section 35.2 of this Act, if the
17 Secretary Director finds that evidence in his possession
18 indicates that a continuation in practice would constitute an
19 imminent danger to the public. In the event that the Secretary
20 Director suspends, temporarily, this license or registration
21 certificate without a hearing, a hearing by the Department must
22 be held within 15 days after such suspension has occurred, and
23 be concluded without appreciable delay.
24 (Source: P.A. 95-689, eff. 10-29-07.)".