99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2461

 

Introduced 2/9/2016, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/11  from Ch. 111, par. 4131
225 ILCS 85/30  from Ch. 111, par. 4150
225 ILCS 447/31-10
225 ILCS 447/31-15

    Amends the Pharmacy Practice Act. Removes provisions concerning the position of deputy pharmacy coordinator. Removes limitations on the number of pharmacy investigators that must be employed by the Department of Financial and Professional Regulation (previously no less than 4 pharmacy investigators needed to be employed by the Department). Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that the requirement for licensure that an applicant must submit certification issued by the Department of State Police that the applicant's fingerprinting equipment and software meets all specifications required by the Department of State Police applies to fingerprint vendor agencies (rather than fingerprint vendors), and that the requirement is a continuing requirement for licensure. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2461LRB099 16001 MLM 40318 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 Pharmacy Practice Act is amended by changing
5Sections 11 and 30 as follows:
 
6    (225 ILCS 85/11)  (from Ch. 111, par. 4131)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 11. Duties of the Department. The Department shall
9exercise the powers and duties prescribed by the Civil
10Administrative Code of Illinois for the administration of
11Licensing Acts and shall exercise such other powers and duties
12necessary for effectuating the purpose of this Act. However,
13the following powers and duties shall be exercised only upon
14review of the Board of Pharmacy to take such action:
15    (a) Formulate such rules, not inconsistent with law and
16subject to the Illinois Administrative Procedure Act, as may be
17necessary to carry out the purposes and enforce the provisions
18of this Act. The Director may grant variances from any such
19rules as provided for in this Section;
20    (b) The suspension, revocation, placing on probationary
21status, reprimand, and refusing to issue or restore any license
22or certificate of registration issued under the provisions of
23this Act for the reasons set forth in Section 30 of this Act.

 

 

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1    (c) The issuance, renewal, restoration or reissuance of any
2license or certificate which has been previously refused to be
3issued or renewed, or has been revoked, suspended or placed on
4probationary status.
5    The granting of variances from rules promulgated pursuant
6to this Section in individual cases where there is a finding
7that:
8        (1) the provision from which the variance is granted is
9    not statutorily mandated;
10        (2) no party will be injured by the granting of the
11    variance; and
12        (3) the rule from which the variance is granted would,
13    in the particular case, be unreasonable or unnecessarily
14    burdensome.
15    The Director shall notify the State Board of Pharmacy of
16the granting of such variance and the reasons therefor, at the
17next meeting of the Board.
18    (d) The Secretary shall appoint a chief pharmacy
19coordinator who and at least 2 deputy pharmacy coordinators,
20all of whom shall be a registered pharmacist pharmacists in
21good standing in this State, shall be a graduate graduates of
22an accredited college of pharmacy or hold, at a minimum, a
23bachelor of science degree in pharmacy, and shall have at least
245 years of experience in the practice of pharmacy immediately
25prior to his or her appointment. The chief pharmacy coordinator
26shall be the executive administrator and the chief enforcement

 

 

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1officer of this Act. The deputy pharmacy coordinators shall
2report to the chief pharmacy coordinator. The Secretary shall
3assign at least one deputy pharmacy coordinator to a region
4composed of Cook County and such other counties as the
5Secretary may deem appropriate, and such deputy pharmacy
6coordinator shall have his or her primary office in Chicago.
7The Secretary shall assign at least one deputy pharmacy
8coordinator to a region composed of the balance of counties in
9the State, and such deputy pharmacy coordinator shall have his
10or her primary office in Springfield.
11    (e) The Secretary shall, in conformity with the Personnel
12Code, employ not less than 4 pharmacy investigators who shall
13report to the pharmacy coordinator or a deputy pharmacy
14coordinator. Each pharmacy investigator shall be a licensed
15pharmacist unless employed as a pharmacy investigator on or
16before the effective date of this amendatory Act of the 99th
17General Assembly. The Department shall also employ at least one
18attorney to prosecute violations of this Act and its rules. The
19Department may, in conformity with the Personnel Code, employ
20such clerical and other employees as are necessary to carry out
21the duties of the Board and Department.
22    The duly authorized pharmacy investigators of the
23Department shall have the right to enter and inspect, during
24business hours, any pharmacy or any other place in this State
25holding itself out to be a pharmacy where medicines, drugs or
26drug products, or proprietary medicines are sold, offered for

 

 

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1sale, exposed for sale, or kept for sale.
2(Source: P.A. 99-473, eff. 8-27-15.)
 
3    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
4    (Section scheduled to be repealed on January 1, 2018)
5    Sec. 30. Refusal, revocation, or suspension.
6    (a) The Department may refuse to issue or renew, or may
7revoke a license or registration, or may suspend, place on
8probation, fine, or take any disciplinary or non-disciplinary
9action as the Department may deem proper, including fines not
10to exceed $10,000 for each violation, with regard to any
11licensee or registrant for any one or combination of the
12following causes:
13        1. Material misstatement in furnishing information to
14    the Department.
15        2. Violations of this Act, or the rules promulgated
16    hereunder.
17        3. Making any misrepresentation for the purpose of
18    obtaining licenses.
19        4. A pattern of conduct which demonstrates
20    incompetence or unfitness to practice.
21        5. Aiding or assisting another person in violating any
22    provision of this Act or rules.
23        6. Failing, within 60 days, to respond to a written
24    request made by the Department for information.
25        7. Engaging in unprofessional, dishonorable, or

 

 

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1    unethical conduct of a character likely to deceive, defraud
2    or harm the public.
3        8. Discipline by another U.S. jurisdiction or foreign
4    nation, if at least one of the grounds for the discipline
5    is the same or substantially equivalent to those set forth
6    herein.
7        9. Directly or indirectly giving to or receiving from
8    any person, firm, corporation, partnership, or association
9    any fee, commission, rebate or other form of compensation
10    for any professional services not actually or personally
11    rendered. Nothing in this item 9 affects any bona fide
12    independent contractor or employment arrangements among
13    health care professionals, health facilities, health care
14    providers, or other entities, except as otherwise
15    prohibited by law. Any employment arrangements may include
16    provisions for compensation, health insurance, pension, or
17    other employment benefits for the provision of services
18    within the scope of the licensee's practice under this Act.
19    Nothing in this item 9 shall be construed to require an
20    employment arrangement to receive professional fees for
21    services rendered.
22        10. A finding by the Department that the licensee,
23    after having his license placed on probationary status has
24    violated the terms of probation.
25        11. Selling or engaging in the sale of drug samples
26    provided at no cost by drug manufacturers.

 

 

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1        12. Physical illness, including but not limited to,
2    deterioration through the aging process, or loss of motor
3    skill which results in the inability to practice the
4    profession with reasonable judgment, skill or safety.
5        13. A finding that licensure or registration has been
6    applied for or obtained by fraudulent means.
7        14. The applicant or licensee has been convicted in
8    state or federal court of or entered a plea of guilty, nolo
9    contendere, or the equivalent in a state or federal court
10    to any crime which is a felony or any misdemeanor related
11    to the practice of pharmacy or which an essential element
12    is dishonesty.
13        15. Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants or any other chemical agent or drug
15    which results in the inability to practice with reasonable
16    judgment, skill or safety.
17        16. Willfully making or filing false records or reports
18    in the practice of pharmacy, including, but not limited to
19    false records to support claims against the medical
20    assistance program of the Department of Healthcare and
21    Family Services (formerly Department of Public Aid) under
22    the Public Aid Code.
23        17. Gross and willful overcharging for professional
24    services including filing false statements for collection
25    of fees for which services are not rendered, including, but
26    not limited to, filing false statements for collection of

 

 

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1    monies for services not rendered from the medical
2    assistance program of the Department of Healthcare and
3    Family Services (formerly Department of Public Aid) under
4    the Public Aid Code.
5        18. Dispensing prescription drugs without receiving a
6    written or oral prescription in violation of law.
7        19. Upon a finding of a substantial discrepancy in a
8    Department audit of a prescription drug, including
9    controlled substances, as that term is defined in this Act
10    or in the Illinois Controlled Substances Act.
11        20. Physical or mental illness or any other impairment
12    or disability, including without limitation deterioration
13    through the aging process or loss of motor skills that
14    results in the inability to practice with reasonable
15    judgment, skill or safety, or mental incompetence, as
16    declared by a court of competent jurisdiction.
17        21. Violation of the Health Care Worker Self-Referral
18    Act.
19        22. Failing to sell or dispense any drug, medicine, or
20    poison in good faith. "Good faith", for the purposes of
21    this Section, has the meaning ascribed to it in subsection
22    (u) of Section 102 of the Illinois Controlled Substances
23    Act. "Good faith", as used in this item (22), shall not be
24    limited to the sale or dispensing of controlled substances,
25    but shall apply to all prescription drugs.
26        23. Interfering with the professional judgment of a

 

 

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1    pharmacist by any registrant under this Act, or his or her
2    agents or employees.
3        24. Failing to report within 60 days to the Department
4    any adverse final action taken against a pharmacist,
5    pharmacist technician, or certified pharmacist technician
6    by another licensing jurisdiction in any other state or any
7    territory of the United States or any foreign jurisdiction,
8    any governmental agency, any law enforcement agency, or any
9    court for acts or conduct similar to acts or conduct that
10    would constitute grounds for discipline as defined in this
11    Section.
12        25. Failing to comply with a subpoena issued in
13    accordance with Section 35.5 of this Act.
14        26. Disclosing protected health information in
15    violation of any State or federal law.
16    (b) The Department may refuse to issue or may suspend the
17license or registration of any person who fails to file a
18return, or to pay the tax, penalty or interest shown in a filed
19return, or to pay any final assessment of tax, penalty or
20interest, as required by any tax Act administered by the
21Illinois Department of Revenue, until such time as the
22requirements of any such tax Act are satisfied.
23    (c) The Department shall revoke the license or certificate
24of registration issued under the provisions of this Act or any
25prior Act of this State of any person who has been convicted a
26second time of committing any felony under the Illinois

 

 

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1Controlled Substances Act, or who has been convicted a second
2time of committing a Class 1 felony under Sections 8A-3 and
38A-6 of the Illinois Public Aid Code. A person whose license or
4certificate of registration issued under the provisions of this
5Act or any prior Act of this State is revoked under this
6subsection (c) shall be prohibited from engaging in the
7practice of pharmacy in this State.
8    (d) Fines may be imposed in conjunction with other forms of
9disciplinary action, but shall not be the exclusive disposition
10of any disciplinary action arising out of conduct resulting in
11death or injury to a patient. Fines shall be paid within 60
12days or as otherwise agreed to by the Department. Any funds
13collected from such fines shall be deposited in the Illinois
14State Pharmacy Disciplinary Fund.
15    (e) The entry of an order or judgment by any circuit court
16establishing that any person holding a license or certificate
17under this Act is a person in need of mental treatment operates
18as a suspension of that license. A licensee may resume his or
19her practice only upon the entry of an order of the Department
20based upon a finding by the Board that he or she has been
21determined to be recovered from mental illness by the court and
22upon the Board's recommendation that the licensee be permitted
23to resume his or her practice.
24    (f) The Department shall issue quarterly to the Board a
25status of all complaints related to the profession received by
26the Department.

 

 

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1    (g) In enforcing this Section, the Board or the Department,
2upon a showing of a possible violation, may compel any licensee
3or applicant for licensure under this Act to submit to a mental
4or physical examination or both, as required by and at the
5expense of the Department. The examining physician, or
6multidisciplinary team involved in providing physical and
7mental examinations led by a physician consisting of one or a
8combination of licensed physicians, licensed clinical
9psychologists, licensed clinical social workers, licensed
10clinical professional counselors, and other professional and
11administrative staff, shall be those specifically designated
12by the Department. The Board or the Department may order the
13examining physician or any member of the multidisciplinary team
14to present testimony concerning this mental or physical
15examination of the licensee or applicant. No information,
16report, or other documents in any way related to the
17examination shall be excluded by reason of any common law or
18statutory privilege relating to communication between the
19licensee or applicant and the examining physician or any member
20of the multidisciplinary team. The individual to be examined
21may have, at his or her own expense, another physician of his
22or her choice present during all aspects of the examination.
23Failure of any individual to submit to a mental or physical
24examination when directed shall be grounds for suspension of
25his or her license until such time as the individual submits to
26the examination if the Board finds, after notice and hearing,

 

 

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1that the refusal to submit to the examination was without
2reasonable cause. If the Board finds a pharmacist, certified
3pharmacy technician, or pharmacy technician unable to practice
4because of the reasons set forth in this Section, the Board
5shall require such pharmacist, certified pharmacy technician,
6or pharmacy technician to submit to care, counseling, or
7treatment by physicians or other appropriate health care
8providers approved or designated by the Board as a condition
9for continued, reinstated, or renewed licensure to practice.
10Any pharmacist, certified pharmacy technician, or pharmacy
11technician whose license was granted, continued, reinstated,
12renewed, disciplined, or supervised, subject to such terms,
13conditions, or restrictions, and who fails to comply with such
14terms, conditions, or restrictions or to complete a required
15program of care, counseling, or treatment, as determined by the
16chief pharmacy coordinator or a deputy pharmacy coordinator,
17shall be referred to the Secretary for a determination as to
18whether the licensee shall have his or her license suspended
19immediately, pending a hearing by the Board. In instances in
20which the Secretary immediately suspends a license under this
21subsection (g), a hearing upon such person's license must be
22convened by the Board within 15 days after such suspension and
23completed without appreciable delay. The Board shall have the
24authority to review the subject pharmacist's, certified
25pharmacy technician's, or pharmacy technician's record of
26treatment and counseling regarding the impairment.

 

 

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1(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
296-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
 
3    Section 10. The Private Detective, Private Alarm, Private
4Security, Fingerprint Vendor, and Locksmith Act of 2004 is
5amended by changing Sections 31-10 and 31-15 as follows:
 
6    (225 ILCS 447/31-10)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 31-10. Qualifications for licensure as a fingerprint
9vendor.
10    (a) A person is qualified for licensure as a fingerprint
11vendor if he or she meets all of the following requirements:
12        (1) Is at least 18 years of age.
13        (2) Has not been convicted of any felony in any
14    jurisdiction or at least 10 years have elapsed since the
15    time of full discharge from a sentence imposed for a felony
16    conviction.
17        (3) Is of good moral character. Good moral character is
18    a continuing requirement of licensure. Conviction of
19    crimes other than felonies may be used in determining moral
20    character, but shall not constitute an absolute bar to
21    licensure, except where the applicant is a registered sex
22    offender.
23        (4) Has not been declared by any court of competent
24    jurisdiction to be incompetent by reason of mental or

 

 

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1    physical defect or disease, unless a court has subsequently
2    declared him or her to be competent.
3        (5) Is not suffering from dependence on alcohol or from
4    narcotic addiction or dependence.
5        (6) Has not been dishonorably discharged from the armed
6    forces of the United States.
7        (7) Submits certification issued by the Department of
8    State Police that the applicant has successfully completed
9    a fingerprint vendor training course conducted or
10    authorized by the Department of State Police.
11        (8) Submits his or her fingerprints, in accordance with
12    subsection (b) of this Section.
13        (9) Has not violated any provision of this Act or any
14    rule adopted under this Act.
15        (10) Provides evidence satisfactory to the Department
16    that the applicant has obtained general liability
17    insurance in an amount and with coverage as determined by
18    rule. Failure to maintain general liability insurance and
19    failure to provide the Department with written proof of the
20    insurance, upon request, shall result in cancellation of
21    the license without hearing. A fingerprint vendor employed
22    by a licensed fingerprint vendor agency may provide proof
23    that his or her actions as a fingerprint vendor are covered
24    by the liability insurance of his or her employer.
25        (11) Pays the required licensure fee.
26        (12) (Blank). Submits certification issued by the

 

 

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1    Department of State Police that the applicant's
2    fingerprinting equipment and software meets all
3    specifications required by the Department of State Police.
4    Compliance with Department of State Police fingerprinting
5    equipment and software specifications is a continuing
6    requirement for licensure.
7        (13) Submits proof that the applicant maintains a
8    business office located in the State of Illinois.
9    (b) Each applicant for a fingerprint vendor license shall
10have his or her fingerprints submitted to the Department of
11State Police in an electronic format that complies with the
12form and manner for requesting and furnishing criminal history
13record information as prescribed by the Department of State
14Police. These fingerprints shall be checked against the
15Department of State Police and Federal Bureau of Investigation
16criminal history record databases now and hereafter filed. The
17Department of State Police shall charge applicants a fee for
18conducting the criminal history records check, which shall be
19deposited in the State Police Services Fund and shall not
20exceed the actual cost of the records check. The Department of
21State Police shall furnish, pursuant to positive
22identification, records of Illinois convictions to the
23Department. The Department may require applicants to pay a
24separate fingerprinting fee, either to the Department or
25directly to the vendor. The Department, in its discretion, may
26allow an applicant who does not have reasonable access to a

 

 

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1designated vendor to provide his or her fingerprints in an
2alternative manner. The Department, in its discretion, may also
3use other procedures in performing or obtaining criminal
4background checks of applicants. Instead of submitting his or
5her fingerprints, an individual may submit proof that is
6satisfactory to the Department that an equivalent security
7clearance has been conducted. Also, an individual who has
8retired as a peace officer within 12 months of application may
9submit verification, on forms provided by the Department and
10signed by his or her employer, of his or her previous full-time
11employment as a peace officer.
12(Source: P.A. 95-613, eff. 9-11-07.)
 
13    (225 ILCS 447/31-15)
14    (Section scheduled to be repealed on January 1, 2024)
15    Sec. 31-15. Qualifications for licensure as a fingerprint
16vendor agency.
17    (a) Upon receipt of the required fee, compliance with
18subsection (e) of this Section, and proof that the applicant
19has a full-time Illinois licensed fingerprint vendor
20licensee-in-charge, which is a continuing requirement for
21agency licensure, the Department may issue a license as a
22fingerprint vendor agency to any of the following:
23        (1) An individual who submits an application and is a
24    licensed fingerprint vendor under this Act.
25        (2) A firm that submits an application and all of the

 

 

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1    members of the firm are licensed fingerprint vendors under
2    this Act.
3        (3) A corporation or limited liability company doing
4    business in Illinois that is authorized to engage in the
5    business of conducting a fingerprint vendor agency if at
6    least one officer or executive employee is a licensed
7    fingerprint vendor under this Act and all unlicensed
8    officers and directors of the corporation or limited
9    liability company are determined by the Department to be
10    persons of good moral character.
11    (b) An individual licensed as a fingerprint vendor
12operating under a business name other than the licensed
13fingerprint vendor's own name shall not be required to obtain a
14fingerprint vendor agency license if that licensed fingerprint
15vendor does not employ any persons to provide fingerprinting
16services. However, in either circumstance, the individual
17shall comply with the requirements of subsection (e) of this
18Section as a requirement for licensure.
19    (c) No fingerprint vendor may be the licensee-in-charge for
20more than one fingerprint vendor agency. Upon written request
21by a representative of the agency, within 10 days after the
22loss of a licensee-in-charge of an agency because of the death
23of that individual or because of the termination of the
24employment of that individual, the Department shall issue a
25temporary certificate of authority allowing the continuing
26operation of the licensed agency. No temporary certificate of

 

 

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1authority shall be valid for more than 90 days. An extension of
2an additional 90 days may be granted upon written request by
3the representative of the agency. Not more than 2 extensions
4may be granted to any agency. No temporary permit shall be
5issued for loss of the licensee-in-charge because of
6disciplinary action by the Department related to his or her
7conduct on behalf of the agency.
8    (d) Upon issuance of the temporary certificate of authority
9as provided for in subsection (c) of this Section and at any
10time thereafter while the temporary certificate of authority is
11in effect, the Department may request in writing additional
12information from the agency regarding the loss of its
13licensee-in-charge, the selection of a new licensee-in-charge,
14and the management of the agency. Failure of the agency to
15respond or respond to the satisfaction of the Department shall
16cause the Department to deny any extension of the temporary
17certificate of authority. While the temporary certificate of
18authority is in effect, the Department may disapprove the
19selection of a new licensee-in-charge by the agency if the
20person's license is not operative or the Department has good
21cause to believe that the person selected will not fully
22exercise the responsibilities of a licensee-in-charge. If the
23Department has disapproved the selection of a new
24licensee-in-charge and the temporary certificate of authority
25expires or is about to expire without the agency selecting
26another new licensee-in-charge, the Department shall grant an

 

 

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1extension of the temporary certificate of authority for an
2additional 90 days, except as otherwise prohibited in
3subsection (c) or this subsection (d).
4    (e) An applicant shall submit certification issued by the
5Department of State Police that the applicant's fingerprinting
6equipment and software meets all specifications required by the
7Department of State Police. Compliance with Department of State
8Police fingerprinting equipment and software specifications is
9a continuing requirement for licensure.
10(Source: P.A. 98-253, eff. 8-9-13.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.