Full Text of HB3271 99th General Assembly
HB3271 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3271 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
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225 ILCS 85/9 | from Ch. 111, par. 4129 |
225 ILCS 85/9.5 | |
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Amends the Pharmacy Practice Act. Provides that, beginning on January 1, 2016, if the registrant has attained the age of 18 and has been registered for 12 months or longer as a registered technician, a pharmacy technician must meet specified requirements and register as a certified pharmacy technician and, if the registrant has not yet attained the age of 18 or has been registered for less than 12 months, then upon renewal of the full 2-year registration as a registered technician, a pharmacy technician must meet the requirements and register as a certified pharmacy technician. Requires that, as a condition for the renewal of a certificate of registration as a certified pharmacy technician, the registrant shall provide evidence to the Department of completion of a total of 20 hours of continuing pharmacy education during the 24 months preceding the expiration date of the certificate. Requires the Department to establish by rule a means for the verification of completion of the continuing education requirements. Provides that the Department may waive the requirements of continuing pharmacy education, in whole or in part, in cases of extreme hardship. Effective January 1, 2016.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Pharmacy Practice Act is amended by changing | 5 | | Sections 9 and 9.5 as follows:
| 6 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 9. Registration as pharmacy technician. Any person | 9 | | shall be entitled
to registration as a registered pharmacy | 10 | | technician who is of the age of 16
or over, has not engaged in | 11 | | conduct or behavior determined to be grounds for
discipline | 12 | | under this Act, is attending or has
graduated from an | 13 | | accredited high school or comparable school or educational
| 14 | | institution or received a high school equivalency certificate, | 15 | | and has filed a written application for registration on a form
| 16 | | to be prescribed and furnished by the Department for that | 17 | | purpose. The
Department shall issue a certificate of
| 18 | | registration as a registered pharmacy technician to any | 19 | | applicant who has
qualified as aforesaid, and such registration | 20 | | shall be the sole authority
required to assist licensed | 21 | | pharmacists in the practice of pharmacy, under
the supervision | 22 | | of a licensed pharmacist. A registered pharmacy technician may, | 23 | | under the supervision of a pharmacist, assist in the practice |
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| 1 | | of pharmacy and perform such functions as assisting in the | 2 | | dispensing process, offering counseling, receiving new verbal | 3 | | prescription orders, and having prescriber contact concerning | 4 | | prescription drug order clarification. A registered pharmacy | 5 | | technician may not engage in patient counseling, drug regimen | 6 | | review, or clinical conflict resolution. | 7 | | Beginning on January 1, 2016, if the registrant has | 8 | | attained the age of 18 and has been registered for 12 months or | 9 | | longer Beginning on January 1, 2010, within 2 years after | 10 | | initial registration as a registered technician, a pharmacy | 11 | | technician must meet the requirements described in Section 9.5 | 12 | | of this Act and register as a certified pharmacy technician. If | 13 | | the registrant has not yet attained the age of 18 or has been | 14 | | registered for less than 12 months, then upon renewal of the | 15 | | full 2-year registration as a registered technician, a pharmacy | 16 | | technician must meet the requirements described in Section 9.5 | 17 | | of this Act and register as a certified pharmacy technician | 18 | | become certified by successfully passing the Pharmacy | 19 | | Technician Certification Board (PTCB) examination or another | 20 | | Board-approved pharmacy technician examination and register as | 21 | | a certified pharmacy technician with the Department in order to | 22 | | continue to perform pharmacy technician's duties . This | 23 | | requirement does not apply to pharmacy technicians registered | 24 | | prior to January 1, 2008.
| 25 | | Any person registered
as a pharmacy technician who is also | 26 | | enrolled in a first professional
degree program in pharmacy in |
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| 1 | | a school or college of pharmacy or a
department of pharmacy of | 2 | | a university approved by the Department or has graduated from | 3 | | such a program within the last 18 months, shall be
considered a | 4 | | "student pharmacist"
and entitled to use the title "student | 5 | | pharmacist". A student pharmacist must meet all of the | 6 | | requirements for registration as a pharmacy technician set | 7 | | forth in this Section excluding the requirement of | 8 | | certification prior to the second registration renewal and pay | 9 | | the required pharmacy technician registration fees. A student | 10 | | pharmacist may, under the supervision of a pharmacist, assist | 11 | | in the practice of pharmacy and perform any and all functions | 12 | | delegated to him or her by the pharmacist. | 13 | | Any person seeking licensure as a pharmacist who has | 14 | | graduated from a pharmacy program outside the United States | 15 | | must register as a pharmacy technician and shall be considered | 16 | | a "student pharmacist" and be entitled to use the title | 17 | | "student pharmacist" while completing the 1,200 clinical hours | 18 | | of training approved by the Board of Pharmacy described and for | 19 | | no more than 18 months after completion of these hours. These | 20 | | individuals are not required to become certified pharmacy | 21 | | technicians while completing their Board approved clinical | 22 | | training, but must become licensed as a pharmacist or become a | 23 | | certified pharmacy technician before the second pharmacy | 24 | | technician registration renewal following completion of the | 25 | | Board approved clinical training. | 26 | | The Department shall not renew the pharmacy technician |
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| 1 | | license of any person who has been registered as a "student | 2 | | pharmacist" and has dropped out of or been expelled from an | 3 | | ACPE accredited college of pharmacy, who has failed to complete | 4 | | his or her 1,200 hours of Board approved clinical training | 5 | | within 24 months or who has failed the pharmacist licensure | 6 | | examination 3 times and shall require these individuals to meet | 7 | | the requirements of and become registered a certified pharmacy | 8 | | technician. | 9 | | The Department may
take any action set forth in Section 30 | 10 | | of this Act with regard to registrations
pursuant to this | 11 | | Section.
| 12 | | Any person who is enrolled in a non-traditional Pharm.D.
| 13 | | program at an ACPE accredited college of pharmacy and is a | 14 | | licensed pharmacist
under the laws of another United States | 15 | | jurisdiction shall be permitted to
engage in the program of | 16 | | practice experience required in the academic program
by virtue | 17 | | of such license. Such person shall be exempt from the | 18 | | requirement
of registration as a registered pharmacy | 19 | | technician while engaged in the
program of practice experience | 20 | | required in the academic program.
| 21 | | An applicant for registration as a pharmacy technician may | 22 | | assist a
pharmacist in the practice of pharmacy for a period of | 23 | | up to
60 days prior to the issuance of a certificate of | 24 | | registration if the
applicant has submitted the required fee | 25 | | and an application for registration
to the Department. The | 26 | | applicant shall keep a copy of the submitted
application on the |
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| 1 | | premises where the applicant is assisting in the
practice of | 2 | | pharmacy. The Department shall forward confirmation of receipt | 3 | | of the application with start and expiration dates of practice | 4 | | pending registration.
| 5 | | (Source: P.A. 98-718, eff. 1-1-15 .)
| 6 | | (225 ILCS 85/9.5) | 7 | | (Section scheduled to be repealed on January 1, 2018)
| 8 | | Sec. 9.5. Certified pharmacy technician. | 9 | | (a) An individual registered as a pharmacy technician under | 10 | | this Act may be registered as a certified pharmacy technician, | 11 | | if he or she meets all of the following requirements: | 12 | | (1) He or she has submitted a written application in | 13 | | the form and manner prescribed by the Department. | 14 | | (2) He or she has attained the age of 18. | 15 | | (3) He or she is of good moral character, as determined | 16 | | by the Department. | 17 | | (4) He or she has (i) graduated from pharmacy | 18 | | technician training meeting the requirements set forth in | 19 | | subsection (a) of Section 17.1 of this Act or (ii) obtained | 20 | | documentation from the pharmacist-in-charge of the | 21 | | pharmacy where the applicant is employed verifying that he | 22 | | or she has successfully completed a training program and | 23 | | has successfully completed an objective assessment | 24 | | mechanism prepared in accordance with rules established by | 25 | | the Department. |
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| 1 | | (5) He or she has successfully passed an examination | 2 | | accredited by the National Organization of Certifying | 3 | | Agencies, as approved and required by the Board. | 4 | | (6) He or she has paid the required certification fees. | 5 | | (b) No pharmacist whose license has been denied, revoked, | 6 | | suspended, or restricted for disciplinary purposes may be | 7 | | eligible to be registered as a certified pharmacy technician. | 8 | | (c) The Department may, by rule, establish any additional | 9 | | requirements for certification under this Section.
| 10 | | (d) A person who is not a registered pharmacy technician | 11 | | and meets the requirements of this Section may register as a | 12 | | certified pharmacy technician without first registering as a | 13 | | pharmacy technician. | 14 | | (e) As a condition for the renewal of a certificate of | 15 | | registration as a certified pharmacy technician, the | 16 | | registrant shall provide evidence to the Department of | 17 | | completion of a total of 20 hours of continuing pharmacy | 18 | | education during the 24 months preceding the expiration date of | 19 | | the certificate. One hour of continuing pharmacy education must | 20 | | be in the subject of pharmacy law. One hour of continuing | 21 | | pharmacy education must be in the subject of patient safety. | 22 | | Such continuing education shall be approved by the | 23 | | Accreditation Council for Pharmacy Education. | 24 | | The Department shall establish by rule a means for the | 25 | | verification of completion of the continuing education | 26 | | required by this subsection (e). This verification may be |
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| 1 | | accomplished through audits of records maintained by | 2 | | registrants, by requiring the filing of continuing education | 3 | | certificates with the Department or a qualified organization | 4 | | selected by the Department to maintain such records, or by | 5 | | other means established by the Department. | 6 | | Rules developed under this subsection (e) may provide for a | 7 | | reasonable annual fee, not to exceed $20, to fund the cost of | 8 | | such recordkeeping. The Department shall, by rule, further | 9 | | provide an orderly process for the reinstatement of a | 10 | | registration that has not been renewed due to the failure to | 11 | | meet the continuing pharmacy education requirements of this | 12 | | this subsection (e). The Department may waive the requirements | 13 | | of continuing pharmacy education, in whole or in part, in cases | 14 | | of extreme hardship as defined by rule of the Department. Such | 15 | | waivers shall be granted for not more than one of any 3 | 16 | | consecutive renewal periods. | 17 | | (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
| 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2016.
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