Illinois General Assembly - Full Text of HB4430
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Full Text of HB4430  102nd General Assembly

HB4430enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4430 EnrolledLRB102 22176 SPS 31305 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Clinical Laboratory and Blood Bank
5Act is amended by changing Sections 7-101 and 7-102 as
6follows:
 
7    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
8    Sec. 7-101. Examination of specimens. A clinical
9laboratory shall examine specimens only at the request of (i)
10a licensed physician, (ii) a licensed dentist, (iii) a
11licensed podiatric physician, (iv) a licensed optometrist, (v)
12a licensed physician assistant, (v-A) a licensed advanced
13practice registered nurse, (vi) an authorized law enforcement
14agency or, in the case of blood alcohol, at the request of the
15individual for whom the test is to be performed in compliance
16with Sections 11-501 and 11-501.1 of the Illinois Vehicle
17Code, or (vii) a genetic counselor with the specific authority
18from a referral to order a test or tests pursuant to subsection
19(b) of Section 20 of the Genetic Counselor Licensing Act, or
20(viii) a pharmacist in accordance with Section 43.5 of the
21Pharmacy Practice Act. If the request to a laboratory is oral,
22the physician or other authorized person shall submit a
23written request to the laboratory within 48 hours. If the

 

 

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

 

 

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1    (c) Nothing in this Act prohibits the sharing of
2information as authorized in Section 2.1 of the Department of
3Public Health Act.
4(Source: P.A. 98-185, eff. 1-1-14; 98-1046, eff. 1-1-15.)
 
5    Section 10. The Illinois Insurance Code is amended by
6adding Section 356z.45 as follows:
 
7    (215 ILCS 5/356z.45)
8    Sec. 356z.45 356z.43. Coverage for patient care services
9provided by a pharmacist. A group or individual policy of
10accident and health insurance or a managed care plan that is
11amended, delivered, issued, or renewed on or after January 1,
122023 shall provide coverage for health care or patient care
13services provided by a pharmacist if:
14        (1) the pharmacist meets the requirements and scope of
15    practice as set forth in Section 43 or Section 43.5 of the
16    Pharmacy Practice Act;
17        (2) the health plan provides coverage for the same
18    service provided by a licensed physician, an advanced
19    practice registered nurse, or a physician assistant;
20        (3) the pharmacist is included in the health benefit
21    plan's network of participating providers; and
22        (4) a reimbursement has been successfully negotiated
23    in good faith between the pharmacist and the health plan.
24(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
 

 

 

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1    Section 15. The Pharmacy Practice Act is amended by
2changing Sections 3 and 9 and by adding Section 43.5 as
3follows:
 
4    (225 ILCS 85/3)
5    (Section scheduled to be repealed on January 1, 2023)
6    Sec. 3. Definitions. For the purpose of this Act, except
7where otherwise limited therein:
8    (a) "Pharmacy" or "drugstore" means and includes every
9store, shop, pharmacy department, or other place where
10pharmacist care is provided by a pharmacist (1) where drugs,
11medicines, or poisons are dispensed, sold or offered for sale
12at retail, or displayed for sale at retail; or (2) where
13prescriptions of physicians, dentists, advanced practice
14registered nurses, physician assistants, veterinarians,
15podiatric physicians, or optometrists, within the limits of
16their licenses, are compounded, filled, or dispensed; or (3)
17which has upon it or displayed within it, or affixed to or used
18in connection with it, a sign bearing the word or words
19"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
20"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
21"Drugs", "Dispensary", "Medicines", or any word or words of
22similar or like import, either in the English language or any
23other language; or (4) where the characteristic prescription
24sign (Rx) or similar design is exhibited; or (5) any store, or

 

 

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1shop, or other place with respect to which any of the above
2words, objects, signs or designs are used in any
3advertisement.
4    (b) "Drugs" means and includes (1) articles recognized in
5the official United States Pharmacopoeia/National Formulary
6(USP/NF), or any supplement thereto and being intended for and
7having for their main use the diagnosis, cure, mitigation,
8treatment or prevention of disease in man or other animals, as
9approved by the United States Food and Drug Administration,
10but does not include devices or their components, parts, or
11accessories; and (2) all other articles intended for and
12having for their main use the diagnosis, cure, mitigation,
13treatment or prevention of disease in man or other animals, as
14approved by the United States Food and Drug Administration,
15but does not include devices or their components, parts, or
16accessories; and (3) articles (other than food) having for
17their main use and intended to affect the structure or any
18function of the body of man or other animals; and (4) articles
19having for their main use and intended for use as a component
20or any articles specified in clause (1), (2) or (3); but does
21not include devices or their components, parts or accessories.
22    (c) "Medicines" means and includes all drugs intended for
23human or veterinary use approved by the United States Food and
24Drug Administration.
25    (d) "Practice of pharmacy" means:
26        (1) the interpretation and the provision of assistance

 

 

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

 

 

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

 

 

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

 

 

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1    and safe storage of drugs and devices, and maintenance of
2    required records; and
3        (13) the assessment and consultation of patients and
4    dispensing of hormonal contraceptives; and .
5        (14) the initiation, dispensing, or administration of
6    drugs, laboratory tests, assessments, referrals, and
7    consultations for human immunodeficiency virus
8    pre-exposure prophylaxis and human immunodeficiency virus
9    post-exposure prophylaxis under Section 43.5.
10    A pharmacist who performs any of the acts defined as the
11practice of pharmacy in this State must be actively licensed
12as a pharmacist under this Act.
13    (e) "Prescription" means and includes any written, oral,
14facsimile, or electronically transmitted order for drugs or
15medical devices, issued by a physician licensed to practice
16medicine in all its branches, dentist, veterinarian, podiatric
17physician, or optometrist, within the limits of his or her
18license, by a physician assistant in accordance with
19subsection (f) of Section 4, or by an advanced practice
20registered nurse in accordance with subsection (g) of Section
214, containing the following: (1) name of the patient; (2) date
22when prescription was issued; (3) name and strength of drug or
23description of the medical device prescribed; and (4)
24quantity; (5) directions for use; (6) prescriber's name,
25address, and signature; and (7) DEA registration number where
26required, for controlled substances. The prescription may, but

 

 

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1is not required to, list the illness, disease, or condition
2for which the drug or device is being prescribed. DEA
3registration numbers shall not be required on inpatient drug
4orders. A prescription for medication other than controlled
5substances shall be valid for up to 15 months from the date
6issued for the purpose of refills, unless the prescription
7states otherwise.
8    (f) "Person" means and includes a natural person,
9partnership, association, corporation, government entity, or
10any other legal entity.
11    (g) "Department" means the Department of Financial and
12Professional Regulation.
13    (h) "Board of Pharmacy" or "Board" means the State Board
14of Pharmacy of the Department of Financial and Professional
15Regulation.
16    (i) "Secretary" means the Secretary of Financial and
17Professional Regulation.
18    (j) "Drug product selection" means the interchange for a
19prescribed pharmaceutical product in accordance with Section
2025 of this Act and Section 3.14 of the Illinois Food, Drug and
21Cosmetic Act.
22    (k) "Inpatient drug order" means an order issued by an
23authorized prescriber for a resident or patient of a facility
24licensed under the Nursing Home Care Act, the ID/DD Community
25Care Act, the MC/DD Act, the Specialized Mental Health
26Rehabilitation Act of 2013, the Hospital Licensing Act, or the

 

 

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1University of Illinois Hospital Act, or a facility which is
2operated by the Department of Human Services (as successor to
3the Department of Mental Health and Developmental
4Disabilities) or the Department of Corrections.
5    (k-5) "Pharmacist" means an individual health care
6professional and provider currently licensed by this State to
7engage in the practice of pharmacy.
8    (l) "Pharmacist in charge" means the licensed pharmacist
9whose name appears on a pharmacy license and who is
10responsible for all aspects of the operation related to the
11practice of pharmacy.
12    (m) "Dispense" or "dispensing" means the interpretation,
13evaluation, and implementation of a prescription drug order,
14including the preparation and delivery of a drug or device to a
15patient or patient's agent in a suitable container
16appropriately labeled for subsequent administration to or use
17by a patient in accordance with applicable State and federal
18laws and regulations. "Dispense" or "dispensing" does not mean
19the physical delivery to a patient or a patient's
20representative in a home or institution by a designee of a
21pharmacist or by common carrier. "Dispense" or "dispensing"
22also does not mean the physical delivery of a drug or medical
23device to a patient or patient's representative by a
24pharmacist's designee within a pharmacy or drugstore while the
25pharmacist is on duty and the pharmacy is open.
26    (n) "Nonresident pharmacy" means a pharmacy that is

 

 

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1located in a state, commonwealth, or territory of the United
2States, other than Illinois, that delivers, dispenses, or
3distributes, through the United States Postal Service,
4commercially acceptable parcel delivery service, or other
5common carrier, to Illinois residents, any substance which
6requires a prescription.
7    (o) "Compounding" means the preparation and mixing of
8components, excluding flavorings, (1) as the result of a
9prescriber's prescription drug order or initiative based on
10the prescriber-patient-pharmacist relationship in the course
11of professional practice or (2) for the purpose of, or
12incident to, research, teaching, or chemical analysis and not
13for sale or dispensing. "Compounding" includes the preparation
14of drugs or devices in anticipation of receiving prescription
15drug orders based on routine, regularly observed dispensing
16patterns. Commercially available products may be compounded
17for dispensing to individual patients only if all of the
18following conditions are met: (i) the commercial product is
19not reasonably available from normal distribution channels in
20a timely manner to meet the patient's needs and (ii) the
21prescribing practitioner has requested that the drug be
22compounded.
23    (p) (Blank).
24    (q) (Blank).
25    (r) "Patient counseling" means the communication between a
26pharmacist or a student pharmacist under the supervision of a

 

 

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1pharmacist and a patient or the patient's representative about
2the patient's medication or device for the purpose of
3optimizing proper use of prescription medications or devices.
4"Patient counseling" may include without limitation (1)
5obtaining a medication history; (2) acquiring a patient's
6allergies and health conditions; (3) facilitation of the
7patient's understanding of the intended use of the medication;
8(4) proper directions for use; (5) significant potential
9adverse events; (6) potential food-drug interactions; and (7)
10the need to be compliant with the medication therapy. A
11pharmacy technician may only participate in the following
12aspects of patient counseling under the supervision of a
13pharmacist: (1) obtaining medication history; (2) providing
14the offer for counseling by a pharmacist or student
15pharmacist; and (3) acquiring a patient's allergies and health
16conditions.
17    (s) "Patient profiles" or "patient drug therapy record"
18means the obtaining, recording, and maintenance of patient
19prescription information, including prescriptions for
20controlled substances, and personal information.
21    (t) (Blank).
22    (u) "Medical device" or "device" means an instrument,
23apparatus, implement, machine, contrivance, implant, in vitro
24reagent, or other similar or related article, including any
25component part or accessory, required under federal law to
26bear the label "Caution: Federal law requires dispensing by or

 

 

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1on the order of a physician". A seller of goods and services
2who, only for the purpose of retail sales, compounds, sells,
3rents, or leases medical devices shall not, by reasons
4thereof, be required to be a licensed pharmacy.
5    (v) "Unique identifier" means an electronic signature,
6handwritten signature or initials, thumb print, or other
7acceptable biometric or electronic identification process as
8approved by the Department.
9    (w) "Current usual and customary retail price" means the
10price that a pharmacy charges to a non-third-party payor.
11    (x) "Automated pharmacy system" means a mechanical system
12located within the confines of the pharmacy or remote location
13that performs operations or activities, other than compounding
14or administration, relative to storage, packaging, dispensing,
15or distribution of medication, and which collects, controls,
16and maintains all transaction information.
17    (y) "Drug regimen review" means and includes the
18evaluation of prescription drug orders and patient records for
19(1) known allergies; (2) drug or potential therapy
20contraindications; (3) reasonable dose, duration of use, and
21route of administration, taking into consideration factors
22such as age, gender, and contraindications; (4) reasonable
23directions for use; (5) potential or actual adverse drug
24reactions; (6) drug-drug interactions; (7) drug-food
25interactions; (8) drug-disease contraindications; (9)
26therapeutic duplication; (10) patient laboratory values when

 

 

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

 

 

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1    administration, taking into consideration factors such as
2    age, gender, and contraindications;
3        (4) reasonable directions for use;
4        (5) potential or actual adverse drug reactions;
5        (6) drug-drug interactions;
6        (7) drug-food interactions;
7        (8) drug-disease contraindications;
8        (9) identification of therapeutic duplication;
9        (10) patient laboratory values when authorized and
10    available;
11        (11) proper utilization (including over or under
12    utilization) and optimum therapeutic outcomes; and
13        (12) drug abuse and misuse.
14    "Medication therapy management services" includes the
15following:
16        (1) documenting the services delivered and
17    communicating the information provided to patients'
18    prescribers within an appropriate time frame, not to
19    exceed 48 hours;
20        (2) providing patient counseling designed to enhance a
21    patient's understanding and the appropriate use of his or
22    her medications; and
23        (3) providing information, support services, and
24    resources designed to enhance a patient's adherence with
25    his or her prescribed therapeutic regimens.
26    "Medication therapy management services" may also include

 

 

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1patient care functions authorized by a physician licensed to
2practice medicine in all its branches for his or her
3identified patient or groups of patients under specified
4conditions or limitations in a standing order from the
5physician.
6    "Medication therapy management services" in a licensed
7hospital may also include the following:
8        (1) reviewing assessments of the patient's health
9    status; and
10        (2) following protocols of a hospital pharmacy and
11    therapeutics committee with respect to the fulfillment of
12    medication orders.
13    (bb) "Pharmacist care" means the provision by a pharmacist
14of medication therapy management services, with or without the
15dispensing of drugs or devices, intended to achieve outcomes
16that improve patient health, quality of life, and comfort and
17enhance patient safety.
18    (cc) "Protected health information" means individually
19identifiable health information that, except as otherwise
20provided, is:
21        (1) transmitted by electronic media;
22        (2) maintained in any medium set forth in the
23    definition of "electronic media" in the federal Health
24    Insurance Portability and Accountability Act; or
25        (3) transmitted or maintained in any other form or
26    medium.

 

 

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1    "Protected health information" does not include
2individually identifiable health information found in:
3        (1) education records covered by the federal Family
4    Educational Right and Privacy Act; or
5        (2) employment records held by a licensee in its role
6    as an employer.
7    (dd) "Standing order" means a specific order for a patient
8or group of patients issued by a physician licensed to
9practice medicine in all its branches in Illinois.
10    (ee) "Address of record" means the designated address
11recorded by the Department in the applicant's application file
12or licensee's license file maintained by the Department's
13licensure maintenance unit.
14    (ff) "Home pharmacy" means the location of a pharmacy's
15primary operations.
16    (gg) "Email address of record" means the designated email
17address recorded by the Department in the applicant's
18application file or the licensee's license file, as maintained
19by the Department's licensure maintenance unit.
20(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
21102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
2210-26-21.)
 
23    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
24    (Section scheduled to be repealed on January 1, 2023)
25    Sec. 9. Licensure as registered pharmacy technician.

 

 

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

 

 

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1technician, the licensee must meet the requirements described
2in Section 9.5 of this Act and become licensed as a registered
3certified pharmacy technician. This requirement does not apply
4to pharmacy technicians registered prior to January 1, 2008.
5    (c) Any person registered as a pharmacy technician who is
6also enrolled in a first professional degree program in
7pharmacy in a school or college of pharmacy or a department of
8pharmacy of a university approved by the Department or has
9graduated from such a program within the last 18 months, shall
10be considered a "student pharmacist" and entitled to use the
11title "student pharmacist". A student pharmacist must meet all
12of the requirements for licensure as a registered pharmacy
13technician set forth in this Section excluding the requirement
14of certification prior to the second license renewal and pay
15the required registered pharmacy technician license fees. A
16student pharmacist may, under the supervision of a pharmacist,
17assist in the practice of pharmacy and perform any and all
18functions delegated to him or her by the pharmacist.
19    (d) Any person seeking licensure as a pharmacist who has
20graduated from a pharmacy program outside the United States
21must register as a pharmacy technician and shall be considered
22a "student pharmacist" and be entitled to use the title
23"student pharmacist" while completing the 1,200 clinical hours
24of training approved by the Board of Pharmacy described and
25for no more than 18 months after completion of these hours.
26These individuals are not required to become registered

 

 

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

 

 

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

 

 

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1refer the patient to an appropriate health care professional
2or clinic. If the patient's HIV test results are nonreactive,
3the pharmacist may initiate human immunodeficiency virus
4pre-exposure prophylaxis or post-exposure prophylaxis to
5eligible patients.
6    The standing order must be consistent with the current
7version of the guidelines of the Centers for Disease Control
8and Prevention, guidelines of the United States Preventive
9Services Task Force, or generally recognized evidence-based
10clinical guidelines.
11    A pharmacist must communicate the services provided under
12this Section to the patient and the patient's primary health
13care provider or other health care professional or clinic, if
14known. If there is no primary health care provider provided by
15the patient, then the pharmacist shall give the patient a list
16of primary health care providers, other health care
17professionals, and clinics in the area.
18    The services provided under this Section shall be
19appropriately documented and retained in a confidential manner
20consistent with State HIV confidentiality requirements.
21    The services provided under this Section shall take place
22in a private manner.
23    A pharmacist shall complete an educational training
24program accredited by the Accreditation Council for Pharmacy
25Education and approved by the Department that is related to
26the initiation, dispensing, or administration of drugs,

 

 

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1laboratory tests, assessments, referrals, and consultations
2for human immunodeficiency virus pre-exposure prophylaxis and
3human immunodeficiency virus post-exposure prophylaxis.
 
4    Section 20. The Illinois Public Aid Code is amended by
5changing Section 5-5.12d as follows:
 
6    (305 ILCS 5/5-5.12d)
7    Sec. 5-5.12d. Coverage for patient care services for
8hormonal contraceptives, human immunodeficiency virus
9pre-exposure prophylaxis, and human immunodeficiency virus
10post-exposure prophylaxis provided by a pharmacist.
11    (a) Subject to approval by the federal Centers for
12Medicare and Medicaid Services, the medical assistance
13program, including both the fee-for-service and managed care
14medical assistance programs established under this Article,
15shall cover patient care services provided by a pharmacist for
16hormonal contraceptives, human immunodeficiency virus
17pre-exposure prophylaxis, and human immunodeficiency virus
18post-exposure prophylaxis assessment and consultation.
19    (b) The Department shall establish a fee schedule for
20patient care services provided by a pharmacist under Sections
2143 and 43.5 of the Pharmacy Practice Act and shall be covered
22and reimbursed at no less than 85% of the rate that the
23services are reimbursed when provided by a physician for
24hormonal contraceptives assessment and consultation.

 

 

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1    (c) The rate of reimbursement for patient care services
2provided by a pharmacist for hormonal contraceptives, human
3immunodeficiency virus pre-exposure prophylaxis, and human
4immunodeficiency virus post-exposure prophylaxis assessment
5and consultation shall be at 85% of the fee schedule for
6physician services by the medical assistance program.
7    (d) A pharmacist must be enrolled in the medical
8assistance program as an ordering and referring provider prior
9to providing patient care services for hormonal
10contraceptives, human immunodeficiency virus pre-exposure
11prophylaxis, and human immunodeficiency virus post-exposure
12prophylaxis assessment and consultation that is submitted by a
13pharmacy or pharmacist provider for reimbursement pursuant to
14this Section.
15    (e) The Department shall apply for any necessary federal
16waivers or approvals to implement this Section by January 1,
172023 2022.
18    (f) This Section does not restrict or prohibit any
19services currently provided by pharmacists as authorized by
20law, including, but not limited to, pharmacist services
21provided under this Code or authorized under the Illinois
22Title XIX State Plan.
23    (g) The Department shall submit to the Joint Committee on
24Administrative Rules administrative rules for this Section as
25soon as practicable but no later than 6 months after federal
26approval is received.

 

 

HB4430 Enrolled- 26 -LRB102 22176 SPS 31305 b

1(Source: P.A. 102-103, eff. 1-1-22.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2023.