Full Text of HB1293 96th General Assembly
HB1293enr 96TH GENERAL ASSEMBLY
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HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Pharmacy Practice Act is amended by changing | 5 |
| Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as follows:
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| (225 ILCS 85/3) (from Ch. 111, par. 4123)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 3. Definitions. For the purpose of this Act, except | 9 |
| where otherwise
limited therein:
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| (a) "Pharmacy" or "drugstore" means and includes every | 11 |
| store, shop,
pharmacy department, or other place where | 12 |
| pharmacist
care is
provided
by a pharmacist (1) where drugs, | 13 |
| medicines, or poisons are
dispensed, sold or
offered for sale | 14 |
| at retail, or displayed for sale at retail; or
(2)
where
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| prescriptions of physicians, dentists, advanced practice | 16 |
| nurses, physician assistants, veterinarians, podiatrists, or
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| optometrists, within the limits of their
licenses, are
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| compounded, filled, or dispensed; or (3) which has upon it or
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| displayed within
it, or affixed to or used in connection with | 20 |
| it, a sign bearing the word or
words "Pharmacist", "Druggist", | 21 |
| "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
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| "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | 23 |
| "Medicines", or any word
or words of similar or like import, |
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| either in the English language
or any other language; or (4) | 2 |
| where the characteristic prescription
sign (Rx) or similar | 3 |
| design is exhibited; or (5) any store, or
shop,
or other place | 4 |
| with respect to which any of the above words, objects,
signs or | 5 |
| designs are used in any advertisement.
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| (b) "Drugs" means and includes (l) articles recognized
in | 7 |
| the official United States Pharmacopoeia/National Formulary | 8 |
| (USP/NF),
or any supplement thereto and being intended for and | 9 |
| having for their
main use the diagnosis, cure, mitigation, | 10 |
| treatment or prevention of
disease in man or other animals, as | 11 |
| approved by the United States Food and
Drug Administration, but | 12 |
| does not include devices or their components, parts,
or | 13 |
| accessories; and (2) all other articles intended
for and having | 14 |
| for their main use the diagnosis, cure, mitigation,
treatment | 15 |
| or prevention of disease in man or other animals, as approved
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| by the United States Food and Drug Administration, but does not | 17 |
| include
devices or their components, parts, or accessories; and | 18 |
| (3) articles
(other than food) having for their main use and | 19 |
| intended
to affect the structure or any function of the body of | 20 |
| man or other
animals; and (4) articles having for their main | 21 |
| use and intended
for use as a component or any articles | 22 |
| specified in clause (l), (2)
or (3); but does not include | 23 |
| devices or their components, parts or
accessories.
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| (c) "Medicines" means and includes all drugs intended for
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| human or veterinary use approved by the United States Food and | 26 |
| Drug
Administration.
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| (d) "Practice of pharmacy" means (1) the interpretation and | 2 |
| the provision of assistance in the monitoring, evaluation, and | 3 |
| implementation of prescription drug orders; (2) the dispensing | 4 |
| of prescription drug orders; (3) participation in drug and | 5 |
| device selection; (4) drug administration limited to the | 6 |
| administration of oral, topical, injectable, and inhalation as | 7 |
| follows: in the context of patient education on the proper use | 8 |
| or delivery of medications; vaccination of patients 14 years of | 9 |
| age and older pursuant to a valid prescription or standing | 10 |
| order, by a physician licensed to practice medicine in all its | 11 |
| branches, upon completion of appropriate training, including | 12 |
| how to address contraindications and adverse reactions set | 13 |
| forth by rule, with notification to the patient's physician and | 14 |
| appropriate record retention, or pursuant to hospital pharmacy | 15 |
| and therapeutics committee policies and procedures; (5) drug | 16 |
| regimen review; (6) drug or drug-related research; (7) the | 17 |
| provision of patient counseling; (8) the practice of | 18 |
| telepharmacy; (9) the provision of those acts or services | 19 |
| necessary to provide pharmacist care; (10) medication therapy | 20 |
| management; and (11) the responsibility for compounding and | 21 |
| labeling of drugs and devices (except labeling by a | 22 |
| manufacturer, repackager, or distributor of non-prescription | 23 |
| drugs and commercially packaged legend drugs and devices), | 24 |
| proper and safe storage of drugs and devices, and maintenance | 25 |
| of required records. A pharmacist who performs any of the acts | 26 |
| defined as the practice of pharmacy in this State must be |
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LRB096 09536 ASK 19695 b |
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| actively licensed as a pharmacist under this Act.
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| (e) "Prescription" means and includes any written, oral, | 3 |
| facsimile, or
electronically transmitted order for drugs
or | 4 |
| medical devices, issued by a physician licensed to practice | 5 |
| medicine in
all its branches, dentist, veterinarian, or | 6 |
| podiatrist, or
optometrist, within the
limits of their | 7 |
| licenses, by a physician assistant in accordance with
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| subsection (f) of Section 4, or by an advanced practice nurse | 9 |
| in
accordance with subsection (g) of Section 4, containing the
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| following: (l) name
of the patient; (2) date when prescription | 11 |
| was issued; (3) name
and strength of drug or description of the | 12 |
| medical device prescribed;
and (4) quantity, (5) directions for | 13 |
| use, (6) prescriber's name,
address
and signature, and (7) DEA | 14 |
| number where required, for controlled
substances.
DEA numbers | 15 |
| shall not be required on inpatient drug orders.
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| (f) "Person" means and includes a natural person, | 17 |
| copartnership,
association, corporation, government entity, or | 18 |
| any other legal
entity.
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| (g) "Department" means the Department of Financial and
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| Professional Regulation.
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| (h) "Board of Pharmacy" or "Board" means the State Board
of | 22 |
| Pharmacy of the Department of Financial and Professional | 23 |
| Regulation.
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| (i) "Secretary"
means the Secretary
of Financial and | 25 |
| Professional Regulation.
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| (j) "Drug product selection" means the interchange for a
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| prescribed pharmaceutical product in accordance with Section | 2 |
| 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 3 |
| Cosmetic Act.
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| (k) "Inpatient drug order" means an order issued by an | 5 |
| authorized
prescriber for a resident or patient of a facility | 6 |
| licensed under the
Nursing Home Care Act or the Hospital | 7 |
| Licensing Act, or "An Act in relation to
the founding and | 8 |
| operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 10 |
| approved July 3, 1931,
as amended, or a facility which is | 11 |
| operated by the Department of Human
Services (as successor to | 12 |
| the Department of Mental Health
and Developmental | 13 |
| Disabilities) or the Department of Corrections.
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| (k-5) "Pharmacist" means an individual health care | 15 |
| professional and
provider currently licensed by this State to | 16 |
| engage in the practice of
pharmacy.
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| (l) "Pharmacist in charge" means the licensed pharmacist | 18 |
| whose name appears
on a pharmacy license and who is responsible | 19 |
| for all aspects of the
operation related to the practice of | 20 |
| pharmacy.
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| (m) "Dispense" or "dispensing" means the interpretation, | 22 |
| evaluation, and implementation of a prescription drug order, | 23 |
| including the preparation and delivery of a drug or device to a | 24 |
| patient or patient's agent in a suitable container | 25 |
| appropriately labeled for subsequent administration to or use | 26 |
| by a patient in accordance with applicable State and federal |
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LRB096 09536 ASK 19695 b |
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| laws and regulations.
"Dispense" or "dispensing" does not mean | 2 |
| the physical delivery to a patient or a
patient's | 3 |
| representative in a home or institution by a designee of a | 4 |
| pharmacist
or by common carrier. "Dispense" or "dispensing" | 5 |
| also does not mean the physical delivery
of a drug or medical | 6 |
| device to a patient or patient's representative by a
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| pharmacist's designee within a pharmacy or drugstore while the | 8 |
| pharmacist is
on duty and the pharmacy is open.
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| (n) "Nonresident pharmacy"
means a pharmacy that is located | 10 |
| in a state, commonwealth, or territory
of the United States, | 11 |
| other than Illinois, that delivers, dispenses, or
distributes, | 12 |
| through the United States Postal Service, commercially | 13 |
| acceptable parcel delivery service, or other common
carrier, to | 14 |
| Illinois residents, any substance which requires a | 15 |
| prescription.
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| (o) "Compounding" means the preparation and mixing of | 17 |
| components, excluding flavorings, (1) as the result of a | 18 |
| prescriber's prescription drug order or initiative based on the | 19 |
| prescriber-patient-pharmacist relationship in the course of | 20 |
| professional practice or (2) for the purpose of, or incident | 21 |
| to, research, teaching, or chemical analysis and not for sale | 22 |
| or dispensing. "Compounding" includes the preparation of drugs | 23 |
| or devices in anticipation of receiving prescription drug | 24 |
| orders based on routine, regularly observed dispensing | 25 |
| patterns. Commercially available products may be compounded | 26 |
| for dispensing to individual patients only if all of the |
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LRB096 09536 ASK 19695 b |
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| following conditions are met: (i) the commercial product is not | 2 |
| reasonably available from normal distribution channels in a | 3 |
| timely manner to meet the patient's needs and (ii) the | 4 |
| prescribing practitioner has requested that the drug be | 5 |
| compounded.
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| (p) (Blank).
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| (q) (Blank).
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| (r) "Patient counseling" means the communication between a | 9 |
| pharmacist or a student pharmacist pharmacy intern under the | 10 |
| supervision of a pharmacist and a patient or the patient's | 11 |
| representative about the patient's medication or device for the | 12 |
| purpose of optimizing proper use of prescription medications or | 13 |
| devices. "Patient counseling" may include without limitation | 14 |
| (1) obtaining a medication history; (2) acquiring a patient's | 15 |
| allergies and health conditions; (3) facilitation of the | 16 |
| patient's understanding of the intended use of the medication; | 17 |
| (4) proper directions for use; (5) significant potential | 18 |
| adverse events; (6) potential food-drug interactions; and (7) | 19 |
| the need to be compliant with the medication therapy. A | 20 |
| pharmacy technician may only participate in the following | 21 |
| aspects of patient counseling under the supervision of a | 22 |
| pharmacist: (1) obtaining medication history; (2) providing | 23 |
| the offer for counseling by a pharmacist or student pharmacist | 24 |
| intern ; and (3) acquiring a patient's allergies and health | 25 |
| conditions.
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| (s) "Patient profiles" or "patient drug therapy record" |
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LRB096 09536 ASK 19695 b |
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| means the
obtaining, recording, and maintenance of patient | 2 |
| prescription
information, including prescriptions for | 3 |
| controlled substances, and
personal information.
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| (t) (Blank).
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| (u) "Medical device" means an instrument, apparatus, | 6 |
| implement, machine,
contrivance, implant, in vitro reagent, or | 7 |
| other similar or related article,
including any component part | 8 |
| or accessory, required under federal law to
bear the label | 9 |
| "Caution: Federal law requires dispensing by or on the order
of | 10 |
| a physician". A seller of goods and services who, only for the | 11 |
| purpose of
retail sales, compounds, sells, rents, or leases | 12 |
| medical devices shall not,
by reasons thereof, be required to | 13 |
| be a licensed pharmacy.
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| (v) "Unique identifier" means an electronic signature, | 15 |
| handwritten
signature or initials, thumb print, or other | 16 |
| acceptable biometric
or electronic identification process as | 17 |
| approved by the Department.
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| (w) "Current usual and customary retail price" means the | 19 |
| price that a pharmacy charges to a non-third-party payor.
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| (x) "Automated pharmacy system" means a mechanical system | 21 |
| located within the confines of the pharmacy or remote location | 22 |
| that performs operations or activities, other than compounding | 23 |
| or administration, relative to storage, packaging, dispensing, | 24 |
| or distribution of medication, and which collects, controls, | 25 |
| and maintains all transaction information. | 26 |
| (y) "Drug regimen review" means and includes the evaluation |
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| of prescription drug orders and patient records for (1)
known | 2 |
| allergies; (2) drug or potential therapy contraindications;
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| (3) reasonable dose, duration of use, and route of | 4 |
| administration, taking into consideration factors such as age, | 5 |
| gender, and contraindications; (4) reasonable directions for | 6 |
| use; (5) potential or actual adverse drug reactions; (6) | 7 |
| drug-drug interactions; (7) drug-food interactions; (8) | 8 |
| drug-disease contraindications; (9) therapeutic duplication; | 9 |
| (10) patient laboratory values when authorized and available; | 10 |
| (11) proper utilization (including over or under utilization) | 11 |
| and optimum therapeutic outcomes; and (12) abuse and misuse.
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| (z) "Electronic transmission prescription" means any | 13 |
| prescription order for which a facsimile or electronic image of | 14 |
| the order is electronically transmitted from a licensed | 15 |
| prescriber to a pharmacy. "Electronic transmission | 16 |
| prescription" includes both data and image prescriptions.
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| (aa) "Medication therapy management services" means a | 18 |
| distinct service or group of services offered by licensed | 19 |
| pharmacists, physicians licensed to practice medicine in all | 20 |
| its branches, advanced practice nurses authorized in a written | 21 |
| agreement with a physician licensed to practice medicine in all | 22 |
| its branches, or physician assistants authorized in guidelines | 23 |
| by a supervising physician that optimize therapeutic outcomes | 24 |
| for individual patients through improved medication use. In a | 25 |
| retail or other non-hospital pharmacy, medication therapy | 26 |
| management services shall consist of the evaluation of |
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LRB096 09536 ASK 19695 b |
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| prescription drug orders and patient medication records to | 2 |
| resolve conflicts with the following: | 3 |
| (1) known allergies; | 4 |
| (2) drug or potential therapy contraindications; | 5 |
| (3) reasonable dose, duration of use, and route of | 6 |
| administration, taking into consideration factors such as | 7 |
| age, gender, and contraindications; | 8 |
| (4) reasonable directions for use; | 9 |
| (5) potential or actual adverse drug reactions; | 10 |
| (6) drug-drug interactions; | 11 |
| (7) drug-food interactions; | 12 |
| (8) drug-disease contraindications; | 13 |
| (9) identification of therapeutic duplication; | 14 |
| (10) patient laboratory values when authorized and | 15 |
| available; | 16 |
| (11) proper utilization (including over or under | 17 |
| utilization) and optimum therapeutic outcomes; and | 18 |
| (12) drug abuse and misuse. | 19 |
| "Medication therapy management services" includes the | 20 |
| following: | 21 |
| (1) documenting the services delivered and | 22 |
| communicating the information provided to patients' | 23 |
| prescribers within an appropriate time frame, not to exceed | 24 |
| 48 hours; | 25 |
| (2) providing patient counseling designed to enhance a | 26 |
| patient's understanding and the appropriate use of his or |
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LRB096 09536 ASK 19695 b |
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| her medications; and | 2 |
| (3) providing information, support services, and | 3 |
| resources designed to enhance a patient's adherence with | 4 |
| his or her prescribed therapeutic regimens.
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| "Medication therapy management services" may also include | 6 |
| patient care functions authorized by a physician licensed to | 7 |
| practice medicine in all its branches for his or her identified | 8 |
| patient or groups of patients under specified conditions or | 9 |
| limitations in a standing order from the physician. | 10 |
| "Medication therapy management services" in a licensed | 11 |
| hospital may also include the following: | 12 |
| (1) reviewing assessments of the patient's health | 13 |
| status; and | 14 |
| (2) following protocols of a hospital pharmacy and | 15 |
| therapeutics committee with respect to the fulfillment of | 16 |
| medication orders.
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| (bb) "Pharmacist care" means the provision by a pharmacist | 18 |
| of medication therapy management services, with or without the | 19 |
| dispensing of drugs or devices, intended to achieve outcomes | 20 |
| that improve patient health, quality of life, and comfort and | 21 |
| enhance patient safety.
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| (cc) "Protected health information" means individually | 23 |
| identifiable health information that, except as otherwise | 24 |
| provided, is:
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| (1) transmitted by electronic media; | 26 |
| (2) maintained in any medium set forth in the |
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LRB096 09536 ASK 19695 b |
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| definition of "electronic media" in the federal Health | 2 |
| Insurance Portability and Accountability Act; or | 3 |
| (3) transmitted or maintained in any other form or | 4 |
| medium. | 5 |
| "Protected health information" does not include individually | 6 |
| identifiable health information found in: | 7 |
| (1) education records covered by the federal Family | 8 |
| Educational Right and Privacy Act; or | 9 |
| (2) employment records held by a licensee in its role | 10 |
| as an employer. | 11 |
| (dd) "Standing order" means a specific order for a patient | 12 |
| or group of patients issued by a physician licensed to practice | 13 |
| medicine in all its branches in Illinois. | 14 |
| (ee) "Address of record" means the address recorded by the | 15 |
| Department in the applicant's or licensee's application file or | 16 |
| license file, as maintained by the Department's licensure | 17 |
| maintenance unit. | 18 |
| (ff) "Home pharmacy" means the location of a pharmacy's | 19 |
| primary operations.
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| (Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
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| (225 ILCS 85/9) (from Ch. 111, par. 4129)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 9. Registration as pharmacy technician. Any person | 24 |
| shall be entitled
to registration as a registered pharmacy | 25 |
| technician who is of the age of 16
or over, has not engaged in |
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LRB096 09536 ASK 19695 b |
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| conduct or behavior determined to be grounds for
discipline | 2 |
| under this Act, is attending or has
graduated from an | 3 |
| accredited high school or comparable school or educational
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| institution or received a GED, and has filed a written | 5 |
| application for registration on a form
to be prescribed and | 6 |
| furnished by the Department for that purpose. The
Department | 7 |
| shall issue a certificate of
registration as a registered | 8 |
| pharmacy technician to any applicant who has
qualified as | 9 |
| aforesaid, and such registration shall be the sole authority
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| required to assist licensed pharmacists in the practice of | 11 |
| pharmacy, under
the supervision of a licensed pharmacist. A | 12 |
| registered pharmacy technician may, under the supervision of a | 13 |
| pharmacist, assist in the practice of pharmacy and perform such | 14 |
| functions as assisting in the dispensing process, offering | 15 |
| counseling, receiving new verbal prescription orders, and | 16 |
| having prescriber contact concerning prescription drug order | 17 |
| clarification. A registered pharmacy technician may not engage | 18 |
| in patient counseling, drug regimen review, or clinical | 19 |
| conflict resolution. | 20 |
| Beginning on January 1, 2010, within 2 years after initial | 21 |
| registration being employed as a registered technician, a | 22 |
| pharmacy technician must become certified by successfully | 23 |
| passing the Pharmacy Technician Certification Board (PTCB) | 24 |
| examination or another Board-approved pharmacy technician | 25 |
| examination and register as a certified pharmacy technician | 26 |
| with the Department in order to continue to perform pharmacy |
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LRB096 09536 ASK 19695 b |
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| technician's duties. This requirement does not apply to | 2 |
| pharmacy technicians registered hired prior to January 1, 2008.
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| Any person registered
as a pharmacy technician who is also | 4 |
| enrolled in a first professional
degree program in pharmacy in | 5 |
| a school or college of pharmacy or a
department of pharmacy of | 6 |
| a university approved by the Department or has graduated from | 7 |
| such a program within the last 18 months, shall be
considered a | 8 |
| " student pharmacist pharmacy intern "
and entitled to use the | 9 |
| title " student pharmacist" pharmacy intern" . A student | 10 |
| pharmacist pharmacy intern must meet all of the requirements | 11 |
| for registration as a pharmacy technician set forth in this | 12 |
| Section excluding the requirement of certification prior to the | 13 |
| second registration renewal and pay the required pharmacy | 14 |
| technician registration fees. A student pharmacist may, under | 15 |
| the supervision of a pharmacist, assist in the practice of | 16 |
| pharmacy and perform any and all functions delegated to him or | 17 |
| her by the pharmacist. | 18 |
| Any person seeking licensure as a pharmacist who has | 19 |
| graduated from a pharmacy program outside the United States | 20 |
| must register as a pharmacy technician and shall be considered | 21 |
| a "student pharmacist" and be entitled to use the title | 22 |
| "student pharmacist" while completing the 1,200 clinical hours | 23 |
| of training approved by the Board of Pharmacy described and for | 24 |
| no more than 18 months after completion of these hours. These | 25 |
| individuals are not required to become certified pharmacy | 26 |
| technicians while completing their Board approved clinical |
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LRB096 09536 ASK 19695 b |
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| training, but must become licensed as a pharmacist or become a | 2 |
| certified pharmacy technician before the second pharmacy | 3 |
| technician registration renewal following completion of the | 4 |
| Board approved clinical training. | 5 |
| The Department shall not renew the pharmacy technician | 6 |
| license of any person who has been registered as a "student | 7 |
| pharmacist" and has dropped out of or been expelled from an | 8 |
| ACPE accredited college of pharmacy, who has failed to complete | 9 |
| his or her 1,200 hours of Board approved clinical training | 10 |
| within 24 months or who has failed the pharmacist licensure | 11 |
| examination 3 times and shall require these individuals to meet | 12 |
| the requirements of and become registered a certified pharmacy | 13 |
| technician. | 14 |
| The Department , upon the recommendation of the Board, may
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| take any action set forth in Section 30 of this Act with regard | 16 |
| to registrations
certificates pursuant to this Section.
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| Any person who is enrolled in a non-traditional Pharm.D.
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| program at an ACPE accredited college of pharmacy and is a | 19 |
| licensed pharmacist
under the laws of another United States | 20 |
| jurisdiction shall be permitted to
engage in the program of | 21 |
| practice experience required in the academic program
by virtue | 22 |
| of such license. Such person shall be exempt from the | 23 |
| requirement
of registration as a registered pharmacy | 24 |
| technician while engaged in the
program of practice experience | 25 |
| required in the academic program.
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| An applicant for registration as a pharmacy technician may |
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LRB096 09536 ASK 19695 b |
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| assist a
pharmacist in the practice of pharmacy for a period of | 2 |
| up to
60 days prior to the issuance of a certificate of | 3 |
| registration if the
applicant has submitted the required fee | 4 |
| and an application for registration
to the Department. The | 5 |
| applicant shall keep a copy of the submitted
application on the | 6 |
| premises where the applicant is assisting in the
practice of | 7 |
| pharmacy. The Department shall forward confirmation of receipt | 8 |
| of the application with start and expiration dates of practice | 9 |
| pending registration.
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| (Source: P.A. 95-689, eff. 10-29-07.)
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| (225 ILCS 85/9.5) | 12 |
| (Section scheduled to be repealed on January 1, 2018)
| 13 |
| Sec. 9.5. Certified pharmacy technician. | 14 |
| (a) An individual registered as a pharmacy technician under | 15 |
| this Act may be registered receive certification as a certified | 16 |
| pharmacy technician, if he or she meets all of the following | 17 |
| requirements: | 18 |
| (1) He or she has submitted a written application in | 19 |
| the form and manner prescribed by the Department Board . | 20 |
| (2) He or she has attained the age of 18. | 21 |
| (3) He or she is of good moral character, as determined | 22 |
| by the Department. | 23 |
| (4) He or she has (i) graduated from pharmacy | 24 |
| technician training meeting the requirements set forth in | 25 |
| subsection (a) of Section 17.1 of this Act or (ii) obtained |
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LRB096 09536 ASK 19695 b |
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| documentation from the pharmacist-in-charge of the | 2 |
| pharmacy where the applicant is employed verifying that he | 3 |
| or she has successfully completed a training program and | 4 |
| has successfully completed an objective assessment | 5 |
| mechanism prepared in accordance with rules established by | 6 |
| the Department Board . | 7 |
| (5) He or she has successfully passed an examination | 8 |
| accredited by the National Organization of Certifying | 9 |
| Agencies, as approved and required by the Board. | 10 |
| (6) He or she has paid the required certification fees. | 11 |
| (b) No pharmacist whose license has been denied, revoked, | 12 |
| suspended, or restricted for disciplinary purposes may be | 13 |
| eligible to be registered as a certified pharmacy technician. | 14 |
| (c) The Department Board may, by rule, establish any | 15 |
| additional requirements for certification under this Section.
| 16 |
| (d) A person who is not a registered pharmacy technician | 17 |
| and meets the requirements of this Section may register as a | 18 |
| certified pharmacy technician without first registering as a | 19 |
| pharmacy technician. | 20 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 21 |
| (225 ILCS 85/16a) (from Ch. 111, par. 4136a)
| 22 |
| (Section scheduled to be repealed on January 1, 2018)
| 23 |
| Sec. 16a. (a) The Department shall establish rules and | 24 |
| regulations,
consistent with the provisions of this Act, | 25 |
| governing nonresident
pharmacies,
including pharmacies |
|
|
|
HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
|
| 1 |
| providing services via the Internet,
which sell, or offer for | 2 |
| sale, drugs, medicines, or other pharmaceutical
services in | 3 |
| this State.
| 4 |
| (b) The Department Board shall require and provide for an | 5 |
| annual nonresident
special pharmacy registration for all | 6 |
| pharmacies located outside of this
State that dispense | 7 |
| medications for Illinois residents and mail, ship, or
deliver | 8 |
| prescription medications into this State. Nonresident special
| 9 |
| pharmacy registration shall be granted by the Department Board | 10 |
| upon the disclosure and
certification by a pharmacy:
| 11 |
| (1) that it is licensed in the state in which the | 12 |
| dispensing facility
is located and from which the drugs are | 13 |
| dispensed;
| 14 |
| (2) of the location, names, and titles of all principal | 15 |
| corporate
officers and all pharmacists who are dispensing | 16 |
| drugs to residents of this
State;
| 17 |
| (3) that it complies with all lawful directions and | 18 |
| requests for
information from the board of pharmacy of each | 19 |
| state in which it is
licensed or registered, except that it | 20 |
| shall respond directly to all
communications from the Board | 21 |
| or Department concerning any emergency circumstances | 22 |
| arising
from the dispensing of drugs to residents of this | 23 |
| State;
| 24 |
| (4) that it maintains its records of drugs dispensed to | 25 |
| residents of
this State so that the records are readily | 26 |
| retrievable from the records of
other drugs dispensed;
|
|
|
|
HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
|
| 1 |
| (5) that it cooperates with the Board or Department in | 2 |
| providing information to the
board of pharmacy of the state | 3 |
| in which it is licensed concerning matters
related to the | 4 |
| dispensing of drugs to residents of this State; and
| 5 |
| (6) that during its regular hours of operation, but not | 6 |
| less than 6
days per week, for a minimum of 40 hours per | 7 |
| week, a toll-free telephone
service is provided to | 8 |
| facilitate communication between patients in this
State | 9 |
| and a pharmacist at the pharmacy who has access to the | 10 |
| patients'
records. The toll-free number must be disclosed | 11 |
| on the label affixed to
each container of drugs dispensed | 12 |
| to residents of this State.
| 13 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 14 |
| (225 ILCS 85/25.15) | 15 |
| (Section scheduled to be repealed on January 1, 2018)
| 16 |
| Sec. 25.15. Telepharmacy.
| 17 |
| (a) In this Section, "telepharmacy" means the provision of | 18 |
| pharmacist care by a pharmacist that is accomplished through
| 19 |
| the use of telecommunications or other technologies to patients
| 20 |
| or their agents who are at a distance and are located within | 21 |
| the
United States, and which follows all federal and State | 22 |
| laws, rules,
and regulations with regard to privacy and | 23 |
| security. | 24 |
| (b) Any pharmacy engaged in the practice of telepharmacy | 25 |
| must meet all of the following conditions:
|
|
|
|
HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
|
| 1 |
| (1) All events involving the contents of an
automated | 2 |
| pharmacy system must be stored in a secure location
and may | 3 |
| be recorded electronically. | 4 |
| (2) An automated pharmacy or prescription dispensing | 5 |
| machine system may be used in
conjunction with the | 6 |
| pharmacy's practice of telepharmacy after inspection and | 7 |
| approval by the Department. | 8 |
| (3) The pharmacist in charge shall: | 9 |
| (A) be responsible for the practice of | 10 |
| telepharmacy
performed at a remote pharmacy, including | 11 |
| the supervision of any
prescription dispensing machine | 12 |
| or automated medication system; | 13 |
| (B) ensure that the home pharmacy has
sufficient | 14 |
| pharmacists on duty for the safe operation and
| 15 |
| supervision of all remote pharmacies; | 16 |
| (C) ensure, through the use of a video and auditory
| 17 |
| communication system, that a certified pharmacy | 18 |
| technician at the remote
pharmacy has accurately and | 19 |
| correctly prepared any prescription for
dispensing | 20 |
| according to the prescription; | 21 |
| (D) be responsible for the supervision and | 22 |
| training of
certified pharmacy technicians at remote | 23 |
| pharmacies who shall be subject to
all rules and | 24 |
| regulations; and | 25 |
| (E) ensure that patient counseling at the remote | 26 |
| pharmacy is
performed by a pharmacist or student |
|
|
|
HB1293 Enrolled |
- 21 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| pharmacist pharmacist intern .
| 2 |
| (Source: P.A. 95-689, eff. 10-29-07.)
| 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 | 7 |
| revoke a license or registration, or may suspend, place on | 8 |
| probation, fine, or take any disciplinary or non-disciplinary | 9 |
| action as the Department may deem proper, including fines not | 10 |
| to exceed $10,000 for each violation, with regard to any | 11 |
| licensee or registrant In accordance with Section 11 of this | 12 |
| Act, the Department
may refuse to issue, restore, or renew, or | 13 |
| may revoke, suspend, place on
probation, or reprimand as the | 14 |
| Department
may deem proper with regard to any license or | 15 |
| certificate of registration
or may impose a fine upon a | 16 |
| licensee or registrant not to exceed $10,000 per violation for | 17 |
| any one or combination of the following causes:
| 18 |
| 1. Material misstatement in furnishing information to | 19 |
| the Department.
| 20 |
| 2. Violations of this Act, or the rules promulgated | 21 |
| hereunder.
| 22 |
| 3. Making any misrepresentation for the purpose of | 23 |
| obtaining licenses.
| 24 |
| 4. A pattern of conduct which demonstrates | 25 |
| incompetence or unfitness
to practice.
|
|
|
|
HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
|
| 1 |
| 5. Aiding or assisting another person in violating any | 2 |
| provision of
this Act or rules.
| 3 |
| 6. Failing, within 60 days, to respond to a written | 4 |
| request made by
the Department for information.
| 5 |
| 7. Engaging in unprofessional, dishonorable , or | 6 |
| unethical conduct of
a character likely to deceive, defraud | 7 |
| or harm the public.
| 8 |
| 8. Discipline by another U.S. jurisdiction or foreign | 9 |
| nation, if at
least one of the grounds for the discipline | 10 |
| is the same or substantially
equivalent to those set forth | 11 |
| herein.
| 12 |
| 9. Directly or indirectly giving to or receiving from | 13 |
| any person, firm,
corporation, partnership or association | 14 |
| any fee, commission, rebate
or other form of compensation | 15 |
| for any professional services not actually
or personally | 16 |
| rendered.
| 17 |
| 10. A finding by the Department that the licensee, | 18 |
| after having his
license placed on probationary status has | 19 |
| violated the terms of probation.
| 20 |
| 11. Selling or engaging in the sale of drug samples | 21 |
| provided at no
cost by drug manufacturers.
| 22 |
| 12. Physical illness, including but not limited to, | 23 |
| deterioration through
the aging process, or loss of motor | 24 |
| skill which results in the inability
to practice the | 25 |
| profession with reasonable judgment, skill or safety.
| 26 |
| 13. A finding that licensure or registration has been |
|
|
|
HB1293 Enrolled |
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LRB096 09536 ASK 19695 b |
|
| 1 |
| applied for or
obtained by fraudulent means.
| 2 |
| 14. The applicant or licensee has been convicted in | 3 |
| state or federal
court of or entered a plea of guilty, nolo | 4 |
| contendere, or the equivalent in a state or federal court | 5 |
| to any crime which is a felony or any misdemeanor related | 6 |
| to
the practice of pharmacy or , of which an essential | 7 |
| element is dishonesty.
| 8 |
| 15. Habitual or excessive use or addiction to alcohol, | 9 |
| narcotics, stimulants
or any other chemical agent or drug | 10 |
| which results in the inability
to practice with reasonable | 11 |
| judgment, skill or safety.
| 12 |
| 16. Willfully making or filing false records or reports | 13 |
| in the practice
of pharmacy, including, but not limited to | 14 |
| false records to support
claims against the medical | 15 |
| assistance program of the Department of Healthcare and | 16 |
| Family Services (formerly Department of
Public Aid) under | 17 |
| the Public Aid Code.
| 18 |
| 17. Gross and willful overcharging for professional | 19 |
| services including
filing false statements for collection | 20 |
| of fees for which services are
not rendered, including, but | 21 |
| not limited to, filing false statements
for collection of | 22 |
| monies for services not rendered from the medical
| 23 |
| assistance program of the Department of Healthcare and | 24 |
| Family Services (formerly Department of Public Aid) under | 25 |
| the Public Aid Code.
| 26 |
| 18. Dispensing Repetitiously dispensing prescription |
|
|
|
HB1293 Enrolled |
- 24 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| drugs without receiving a
written or oral prescription in | 2 |
| violation of law .
| 3 |
| 19. Upon a finding of a substantial discrepancy in a | 4 |
| Department audit
of a prescription drug, including | 5 |
| controlled substances, as that term
is defined in this Act | 6 |
| or in the Illinois Controlled Substances Act.
| 7 |
| 20. Physical or mental illness or any other impairment | 8 |
| or disability, including without limitation deterioration | 9 |
| through the aging process or loss of motor skills that
| 10 |
| results in the inability to practice with
reasonable | 11 |
| judgment, skill or safety, or mental incompetence,
as | 12 |
| declared
by a court of competent jurisdiction.
| 13 |
| 21. Violation of the Health Care Worker Self-Referral | 14 |
| Act.
| 15 |
| 22. Failing to sell or dispense any drug, medicine, or | 16 |
| poison in good
faith. "Good faith", for the purposes of | 17 |
| this Section, has the meaning
ascribed
to it in subsection | 18 |
| (u) of Section 102 of the Illinois Controlled Substances
| 19 |
| Act. "Good faith", as used in this item (22), shall not be | 20 |
| limited to the sale or dispensing of controlled substances, | 21 |
| but shall apply to all prescription drugs.
| 22 |
| 23. Interfering with the professional judgment of a | 23 |
| pharmacist by
any registrant under this Act, or his or her | 24 |
| agents or employees.
| 25 |
| 24. Failing to report within 60 days to the Department
| 26 |
| any adverse final action taken against a pharmacist, |
|
|
|
HB1293 Enrolled |
- 25 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| pharmacist technician, or certified pharmacist technician | 2 |
| by another licensing jurisdiction in any other state or any | 3 |
| territory of the United States or any foreign jurisdiction, | 4 |
| any governmental agency, any law enforcement agency, or any | 5 |
| court for acts or conduct similar to acts or conduct that | 6 |
| would constitute grounds for discipline as defined in this | 7 |
| Section. | 8 |
| 25. Failing to comply with a subpoena issued in | 9 |
| accordance with Section 35.5 of this Act.
| 10 |
| 26. Disclosing protected health information in | 11 |
| violation of any State or federal law. | 12 |
| (b) The Department may refuse to issue or may suspend the | 13 |
| license or
registration of any person who fails to file a | 14 |
| return, or to pay the tax,
penalty or interest shown in a filed | 15 |
| return, or to pay any final assessment
of tax, penalty or | 16 |
| interest, as required by any tax Act administered by the
| 17 |
| Illinois Department of Revenue, until such time as the | 18 |
| requirements of any
such tax Act are satisfied.
| 19 |
| (c) The Department shall revoke the license or certificate | 20 |
| of
registration issued under the provisions of this Act or any | 21 |
| prior Act of
this State of any person who has been convicted a | 22 |
| second time of committing
any felony under the Illinois | 23 |
| Controlled Substances Act, or who
has been convicted a second | 24 |
| time of committing a Class 1 felony under
Sections 8A-3 and | 25 |
| 8A-6 of the Illinois Public Aid Code. A
person whose license or | 26 |
| certificate of registration issued under the
provisions of this |
|
|
|
HB1293 Enrolled |
- 26 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| Act or any prior Act of this State is revoked under this
| 2 |
| subsection (c) shall be prohibited from engaging in the | 3 |
| practice of
pharmacy in this State.
| 4 |
| (d) The Department may adopt rules for the imposition of | 5 |
| fines in disciplinary cases, not to exceed $10,000 for each | 6 |
| violation of this Act. Fines may be imposed in conjunction with | 7 |
| other forms of disciplinary action, but shall not be the | 8 |
| exclusive disposition of any disciplinary action arising out of | 9 |
| conduct resulting in death or injury to a patient. Fines shall | 10 |
| be paid within 60 days or as otherwise agreed to by the | 11 |
| Department. Any funds collected from such fines shall be | 12 |
| deposited in the Illinois State Pharmacy Disciplinary Fund.
| 13 |
| (e) The entry of an order or judgment by any circuit court | 14 |
| establishing that any person holding a license or certificate | 15 |
| under this Act is a person in need of mental treatment operates | 16 |
| as a suspension of that license. A licensee may resume his or | 17 |
| her practice only upon the entry of an order of the Department | 18 |
| based upon a finding by the Board that he or she has been | 19 |
| determined to be recovered from mental illness by the court and | 20 |
| upon the Board's recommendation that the licensee be permitted | 21 |
| to resume his or her practice.
| 22 |
| (f) The Department shall issue quarterly to the Board a | 23 |
| status of all
complaints related to the profession received by | 24 |
| the Department.
| 25 |
| (g) In enforcing this Section, the Board or the Department, | 26 |
| upon a showing of a possible violation, may compel any licensee |
|
|
|
HB1293 Enrolled |
- 27 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| or applicant for licensure under this Act to submit to a mental | 2 |
| or physical examination or both, as required by and at the | 3 |
| expense of the Department. The examining physician , or | 4 |
| multidisciplinary team involved in providing physical and | 5 |
| mental examinations led by a physician consisting of one or a | 6 |
| combination of licensed physicians, licensed clinical | 7 |
| psychologists, licensed clinical social workers, licensed | 8 |
| clinical professional counselors, and other professional and | 9 |
| administrative staff, shall be those specifically designated | 10 |
| by the Department. The Board or the Department may order the | 11 |
| examining physician or any member of the multidisciplinary team | 12 |
| to present testimony concerning this mental or physical | 13 |
| examination of the licensee or applicant. No information , | 14 |
| report, or other documents in any way related to the | 15 |
| examination shall be excluded by reason of any common law or | 16 |
| statutory privilege relating to communication between the | 17 |
| licensee or applicant and the examining physician or any member | 18 |
| of the multidisciplinary team . The individual to be examined | 19 |
| may have, at his or her own expense, another physician of his | 20 |
| or her choice present during all aspects of the examination. | 21 |
| Failure of any individual to submit to a mental or physical | 22 |
| examination when directed shall be grounds for suspension of | 23 |
| his or her license until such time as the individual submits to | 24 |
| the examination if the Board finds, after notice and hearing, | 25 |
| that the refusal to submit to the examination was without | 26 |
| reasonable cause. If the Board finds a pharmacist , certified |
|
|
|
HB1293 Enrolled |
- 28 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| pharmacy technician, or pharmacy technician unable to practice | 2 |
| because of the reasons set forth in this Section, the Board | 3 |
| shall require such pharmacist , certified pharmacy technician, | 4 |
| or pharmacy technician to submit to care, counseling, or | 5 |
| treatment by physicians or other appropriate health care | 6 |
| providers approved or designated by the Board as a condition | 7 |
| for continued, reinstated, or renewed licensure to practice. | 8 |
| Any pharmacist , certified pharmacy technician, or pharmacy | 9 |
| technician whose license was granted, continued, reinstated, | 10 |
| renewed, disciplined, or supervised, subject to such terms, | 11 |
| conditions, or restrictions, and who fails to comply with such | 12 |
| terms, conditions, or restrictions or to complete a required | 13 |
| program of care, counseling, or treatment, as determined by the | 14 |
| chief pharmacy coordinator or a deputy pharmacy coordinator, | 15 |
| shall be referred to the Secretary for a determination as to | 16 |
| whether the licensee shall have his or her license suspended | 17 |
| immediately, pending a hearing by the Board. In instances in | 18 |
| which the Secretary immediately suspends a license under this | 19 |
| subsection (g), a hearing upon such person's license must be | 20 |
| convened by the Board within 15 days after such suspension and | 21 |
| completed without appreciable delay. The Board shall have the | 22 |
| authority to review the subject pharmacist's , certified | 23 |
| pharmacy technician's, or pharmacy technician's record of | 24 |
| treatment and counseling regarding the impairment.
| 25 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07.)
|
|
|
|
HB1293 Enrolled |
- 29 - |
LRB096 09536 ASK 19695 b |
|
| 1 |
| (225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
| 2 |
| (Section scheduled to be repealed on January 1, 2018)
| 3 |
| Sec. 35.16. The Secretary Director may
temporarily suspend | 4 |
| the license of a pharmacist or pharmacy, or the registration of | 5 |
| a , pharmacy technician
or certified pharmacy technician | 6 |
| registration as a distributor , without a hearing, | 7 |
| simultaneously
with the institution of proceedings for a | 8 |
| hearing provided for in Section
35.2 of this Act, if the | 9 |
| Secretary Director finds that evidence in his possession
| 10 |
| indicates that a continuation in practice would constitute an | 11 |
| imminent
danger to the public. In the event that the Secretary | 12 |
| Director suspends, temporarily,
this license or registration | 13 |
| certificate without a hearing, a hearing by the Department
must | 14 |
| be held within 15
days after such suspension has occurred, and
| 15 |
| be concluded without appreciable delay.
| 16 |
| (Source: P.A. 95-689, eff. 10-29-07.)
|
|