96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2552

 

Introduced 1/13/2010, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/14.3 new
225 ILCS 85/14.5 new

    Amends the Pharmacy Practice Act. Provides that all pharmacies that dispense drugs must maintain at all times a representative assortment of drugs in order to meet the pharmaceutical needs of their patients. Provides that pharmacies have a duty to deliver lawfully prescribed drugs or devices to patients and to distribute drugs and devices approved by the U.S. Food and Drug Administration for restricted distribution by pharmacies, or provide a therapeutically equivalent drug or device in a timely manner. Provides that if after a good faith effort to comply with the Act the lawfully prescribed drug or device is not in stock or the prescription cannot be filled, then the pharmacy shall provide the patient or agent a timely alternative for appropriate therapy which, consistent with customary pharmacy practice, may include obtaining the drug or device. Provides for discipline or other enforcement actions if the pharmacist engages in, or permits, certain acts. Effective immediately.


LRB096 17659 ASK 33017 b

 

 

A BILL FOR

 

SB2552 LRB096 17659 ASK 33017 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Pharmacy Practice Act is amended by adding
5 Sections 14.3 and 14.5 and as follows:
 
6     (225 ILCS 85/14.3 new)
7     Sec. 14.3. Drug availability requirements. All pharmacies
8 that dispense drugs must maintain at all times a representative
9 assortment of drugs in order to meet the pharmaceutical needs
10 of their patients.
 
11     (225 ILCS 85/14.5 new)
12     Sec. 14.5. Duty to deliver prescribed drugs.
13     (a) Pharmacies have a duty to deliver lawfully prescribed
14 drugs or devices to patients and to distribute drugs and
15 devices approved by the U.S. Food and Drug Administration for
16 restricted distribution by pharmacies, or provide a
17 therapeutically equivalent drug or device in a timely manner,
18 except for the following or substantially similar
19 circumstances:
20         (1) when in the pharmacist's professional judgment,
21     after screening for potential drug therapy problems due to
22     therapeutic duplication, drug-disease contraindications,

 

 

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1     drug-drug interactions (including serious interactions
2     with non-prescription or over-the-counter drugs),
3     drug-food interactions, incorrect drug dosage or duration
4     of drug treatment, drug-allergy interactions, or clinical
5     abuse or misuse, pursuant to subsection (q) of Section 3 of
6     this Act, he or she determines that the drug should not be
7     dispensed due to one of the clinical reasons set forth in
8     this item (1);
9         (2) national or state emergencies or guidelines
10     affecting availability, usage, or supplies of drugs or
11     devices;
12         (3) lack of specialized equipment or expertise needed
13     to safely produce, store, or dispense drugs or devices,
14     such as certain drug compounding or storage for nuclear
15     medicine;
16         (4) potentially fraudulent prescriptions; or
17         (5) unavailability of drug or device despite good faith
18     compliance with Section 14.3 of this Act.
19     (b) Nothing in this Section requires pharmacies to deliver
20 a drug or device without payment of their usual and customary
21 or contracted charge.
22     (c) If despite a good faith effort to comply with Section
23 14.3 of this Act, the lawfully prescribed drug or device is not
24 in stock, or the prescription cannot be filled pursuant to item
25 (1) of subsection (a) of this Section, then the pharmacy shall
26 provide the patient or agent a timely alternative for

 

 

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1 appropriate therapy which, consistent with customary pharmacy
2 practice, may include obtaining the drug or device. These
3 alternatives include, but are not limited to, any of the
4 following:
5         (1) contacting the prescriber to address concerns such
6     as those identified in item (1) of subsection (a) of this
7     Section or to obtain authorization to provide a
8     therapeutically equivalent product;
9         (2) if requested by the patient or his or her agent,
10     then returning unfilled lawful prescriptions to the
11     patient or agent; or
12         (3) if requested by the patient or his or her agent,
13     then communicating or transmitting, as permitted by law,
14     the original prescription information to a pharmacy of the
15     patient's choice that will fill the prescription in a
16     timely manner.
17     (d) Engaging in or permitting any of the following shall
18 constitute grounds for discipline or other enforcement
19 actions:
20         (1) The destruction of an unfilled lawful
21     prescription.
22         (2) The refusal to return an unfilled lawful
23     prescription.
24         (3) The violation of a patient's privacy.
25         (4) Discrimination against a patient or his or her
26     agent in a manner prohibited by State or federal law.

 

 

SB2552 - 4 - LRB096 17659 ASK 33017 b

1         (5) Intimidation or harassment of a patient.
2         (6) Failure to comply with the requirements of this
3     Section.
4     (d) Any administrative rule adopted by the Department prior
5 to the effective date of this amendatory Act of the 96th
6 General Assembly regarding the dispensing of emergency
7 contraception is preempted.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.