Full Text of HB4430 102nd General Assembly
HB4430eng 102ND GENERAL ASSEMBLY |
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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 Illinois Clinical Laboratory and Blood Bank | 5 | | Act is amended by changing Sections 7-101 and 7-102 as | 6 | | follows:
| 7 | | (210 ILCS 25/7-101) (from Ch. 111 1/2, par. 627-101)
| 8 | | Sec. 7-101. Examination of specimens. A clinical | 9 | | laboratory shall examine
specimens only at the request of (i) | 10 | | a licensed physician, (ii) a
licensed dentist, (iii) a | 11 | | licensed podiatric physician, (iv) a licensed
optometrist,
(v) | 12 | | a licensed
physician assistant,
(v-A) a licensed advanced | 13 | | practice registered nurse,
(vi) an authorized law enforcement | 14 | | agency or, in the case of blood
alcohol, at the request of the | 15 | | individual for whom the test is to be performed
in compliance | 16 | | with Sections 11-501 and 11-501.1 of the Illinois Vehicle | 17 | | Code, or (vii) a genetic counselor with the specific authority | 18 | | from 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 | 21 | | Pharmacy Practice Act .
If the request to a laboratory is oral, | 22 | | the physician or other authorized
person shall submit a | 23 | | written request to the laboratory within 48 hours. If
the |
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| 1 | | laboratory does not receive the written request within that | 2 | | period, it
shall note that fact in its records. For purposes of | 3 | | this Section, a request
made by electronic mail or fax | 4 | | constitutes 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 | 9 | | transmitted 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 | 21 | | suggested treatment shall appear
on the laboratory report | 22 | | form, except that a report made by a physician licensed
to | 23 | | practice medicine in Illinois, a dentist licensed in Illinois, | 24 | | or an optometrist licensed in Illinois may
include such | 25 | | information. |
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| 1 | | (c) Nothing in this Act prohibits the sharing of | 2 | | information as authorized in Section 2.1 of the Department of | 3 | | Public 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 | 6 | | adding Section 356z.1a as follows: | 7 | | (215 ILCS 5/356z.1a new) | 8 | | Sec. 356z.1a. HIV prophylaxis reimbursement. An insurance | 9 | | carrier or third-party payor shall reimburse a pharmacist or | 10 | | other health care professional for dispensing HIV prophylaxis | 11 | | drugs and providing services under Section 43.5 of the | 12 | | Pharmacy Practice Act to a covered person in accordance with | 13 | | the current version of the guidelines of the Centers for | 14 | | Disease Control and Prevention and the United States | 15 | | Preventive Services Task Force. Reimbursement shall provide an | 16 | | adequate consultation fee or, if medical billing is not | 17 | | available, an enhanced dispensing fee that is equivalent to | 18 | | 85% of the fees for services provided by an advanced practice | 19 | | registered nurse or physician. | 20 | | Section 15. The Pharmacy Practice Act is amended by | 21 | | changing Sections 3 and 9 and by adding Section 43.5 as | 22 | | follows:
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| 1 | | (225 ILCS 85/3)
| 2 | | (Section scheduled to be repealed on January 1, 2023)
| 3 | | Sec. 3. Definitions. For the purpose of this Act, except | 4 | | where otherwise
limited therein:
| 5 | | (a) "Pharmacy" or "drugstore" means and includes every | 6 | | store, shop,
pharmacy department, or other place where | 7 | | pharmacist
care is
provided
by a pharmacist (1) where drugs, | 8 | | medicines, or poisons are
dispensed, sold or
offered for sale | 9 | | at retail, or displayed for sale at retail; or
(2)
where
| 10 | | prescriptions of physicians, dentists, advanced practice | 11 | | registered nurses, physician assistants, veterinarians, | 12 | | podiatric physicians, or
optometrists, within the limits of | 13 | | their
licenses, are
compounded, filled, or dispensed; or (3) | 14 | | which has upon it or
displayed within
it, or affixed to or used | 15 | | in connection with it, a sign bearing the word or
words | 16 | | "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical
Care", | 17 | | "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", | 18 | | "Drugs", "Dispensary", "Medicines", or any word
or words of | 19 | | similar or like import, either in the English language
or any | 20 | | other language; or (4) where the characteristic prescription
| 21 | | sign (Rx) or similar design is exhibited; or (5) any store, or
| 22 | | shop,
or other place with respect to which any of the above | 23 | | words, objects,
signs or designs are used in any | 24 | | advertisement.
| 25 | | (b) "Drugs" means and includes (1) articles recognized
in | 26 | | the official United States Pharmacopoeia/National Formulary |
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| 1 | | (USP/NF),
or any supplement thereto and being intended for and | 2 | | having for their
main use the diagnosis, cure, mitigation, | 3 | | treatment or prevention of
disease in man or other animals, as | 4 | | approved by the United States Food and
Drug Administration, | 5 | | but does not include devices or their components, parts,
or | 6 | | accessories; and (2) all other articles intended
for and | 7 | | having for their main use the diagnosis, cure, mitigation,
| 8 | | treatment or prevention of disease in man or other animals, as | 9 | | approved
by the United States Food and Drug Administration, | 10 | | but does not include
devices or their components, parts, or | 11 | | accessories; and (3) articles
(other than food) having for | 12 | | their main use and intended
to affect the structure or any | 13 | | function of the body of man or other
animals; and (4) articles | 14 | | having for their main use and intended
for use as a component | 15 | | or any articles specified in clause (1), (2)
or (3); but does | 16 | | not include devices or their components, parts or
accessories.
| 17 | | (c) "Medicines" means and includes all drugs intended for
| 18 | | human or veterinary use approved by the United States Food and | 19 | | Drug
Administration.
| 20 | | (d) "Practice of pharmacy" means: | 21 | | (1) the interpretation and the provision of assistance | 22 | | in the monitoring, evaluation, and implementation of | 23 | | prescription drug orders; | 24 | | (2) the dispensing of prescription drug orders; | 25 | | (3) participation in drug and device selection; | 26 | | (4) drug administration limited to the administration |
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| 1 | | of oral, topical, injectable, and inhalation as follows: | 2 | | (A) in the context of patient education on the | 3 | | proper use or delivery of medications; | 4 | | (B) vaccination of patients 7 years of age and | 5 | | older pursuant to a valid prescription or standing | 6 | | order, by a physician licensed to practice medicine in | 7 | | all its branches, upon completion of appropriate | 8 | | training, including how to address contraindications | 9 | | and adverse reactions set forth by rule, with | 10 | | notification to the patient's physician and | 11 | | appropriate record retention, or pursuant to hospital | 12 | | pharmacy and therapeutics committee policies and | 13 | | procedures. Eligible vaccines are those listed on the | 14 | | U.S. Centers for Disease Control and Prevention (CDC) | 15 | | Recommended Immunization Schedule, the CDC's Health | 16 | | Information for International Travel, or the U.S. Food | 17 | | and Drug Administration's Vaccines Licensed and | 18 | | Authorized for Use in the United States. As applicable | 19 | | to the State's Medicaid program and other payers, | 20 | | vaccines ordered and administered in accordance with | 21 | | this subsection shall be covered and reimbursed at no | 22 | | less than the rate that the vaccine is reimbursed when | 23 | | ordered and administered by a physician; | 24 | | (B-5) following the initial administration of | 25 | | long-acting or extended-release form opioid | 26 | | antagonists by a physician licensed to practice |
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| 1 | | medicine in all its branches, administration of | 2 | | injections of long-acting or extended-release form | 3 | | opioid antagonists for the treatment of substance use | 4 | | disorder, pursuant to a valid prescription by a | 5 | | physician licensed to practice medicine in all its | 6 | | branches, upon completion of appropriate training, | 7 | | including how to address contraindications and adverse | 8 | | reactions, including, but not limited to, respiratory | 9 | | depression and the performance of cardiopulmonary | 10 | | resuscitation, set forth by rule, with notification to | 11 | | the patient's physician and appropriate record | 12 | | retention, or pursuant to hospital pharmacy and | 13 | | therapeutics committee policies and procedures; | 14 | | (C) administration of injections of | 15 | | alpha-hydroxyprogesterone caproate, pursuant to a | 16 | | valid prescription, by a physician licensed to | 17 | | practice medicine in all its branches, upon completion | 18 | | of appropriate training, including how to address | 19 | | contraindications and adverse reactions set forth by | 20 | | rule, with notification to the patient's physician and | 21 | | appropriate record retention, or pursuant to hospital | 22 | | pharmacy and therapeutics committee policies and | 23 | | procedures; and | 24 | | (D) administration of injections of long-term | 25 | | antipsychotic medications pursuant to a valid | 26 | | prescription by a physician licensed to practice |
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| 1 | | medicine in all its branches, upon completion of | 2 | | appropriate training conducted by an Accreditation | 3 | | Council of Pharmaceutical Education accredited | 4 | | provider, including how to address contraindications | 5 | | and adverse reactions set forth by rule, with | 6 | | notification to the patient's physician and | 7 | | appropriate record retention, or pursuant to hospital | 8 | | pharmacy and therapeutics committee policies and | 9 | | procedures. | 10 | | (5) (blank); | 11 | | (6) drug regimen review; | 12 | | (7) drug or drug-related research; | 13 | | (8) the provision of patient counseling; | 14 | | (9) the practice of telepharmacy; | 15 | | (10) the provision of those acts or services necessary | 16 | | to provide pharmacist care; | 17 | | (11) medication therapy management; | 18 | | (12) the responsibility for compounding and labeling | 19 | | of drugs and devices (except labeling by a manufacturer, | 20 | | repackager, or distributor of non-prescription drugs and | 21 | | commercially packaged legend drugs and devices), proper | 22 | | and safe storage of drugs and devices, and maintenance of | 23 | | required records; and | 24 | | (13) the assessment and consultation of patients and | 25 | | dispensing of hormonal contraceptives ; and . | 26 | | (14) the initiation, dispensing, or administration of
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| 1 | | drugs, laboratory tests, assessments, referrals, and
| 2 | | consultations for human immunodeficiency virus | 3 | | pre-exposure prophylaxis and human immunodeficiency virus
| 4 | | post-exposure prophylaxis under Section 43.5. | 5 | | A pharmacist who performs any of the acts defined as the | 6 | | practice of pharmacy in this State must be actively licensed | 7 | | as a pharmacist under this Act.
| 8 | | (e) "Prescription" means and includes any written, oral, | 9 | | facsimile, or
electronically transmitted order for drugs
or | 10 | | medical devices, issued by a physician licensed to practice | 11 | | medicine in
all its branches, dentist, veterinarian, podiatric | 12 | | physician, or
optometrist, within the
limits of his or her | 13 | | license, by a physician assistant in accordance with
| 14 | | subsection (f) of Section 4, or by an advanced practice | 15 | | registered nurse in
accordance with subsection (g) of Section | 16 | | 4, containing the
following: (1) name
of the patient; (2) date | 17 | | when prescription was issued; (3) name
and strength of drug or | 18 | | description of the medical device prescribed;
and (4) | 19 | | quantity; (5) directions for use; (6) prescriber's name,
| 20 | | address,
and signature; and (7) DEA registration number where | 21 | | required, for controlled
substances.
The prescription may, but | 22 | | is not required to, list the illness, disease, or condition | 23 | | for which the drug or device is being prescribed. DEA | 24 | | registration numbers shall not be required on inpatient drug | 25 | | orders. A prescription for medication other than controlled | 26 | | substances shall be valid for up to 15 months from the date |
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| 1 | | issued for the purpose of refills, unless the prescription | 2 | | states otherwise.
| 3 | | (f) "Person" means and includes a natural person, | 4 | | partnership,
association, corporation, government entity, or | 5 | | any other legal
entity.
| 6 | | (g) "Department" means the Department of Financial and
| 7 | | Professional Regulation.
| 8 | | (h) "Board of Pharmacy" or "Board" means the State Board
| 9 | | of Pharmacy of the Department of Financial and Professional | 10 | | Regulation.
| 11 | | (i) "Secretary"
means the Secretary
of Financial and | 12 | | Professional Regulation.
| 13 | | (j) "Drug product selection" means the interchange for a
| 14 | | prescribed pharmaceutical product in accordance with Section | 15 | | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | 16 | | Cosmetic Act.
| 17 | | (k) "Inpatient drug order" means an order issued by an | 18 | | authorized
prescriber for a resident or patient of a facility | 19 | | licensed under the
Nursing Home Care Act, the ID/DD Community | 20 | | Care Act, the MC/DD Act, the Specialized Mental Health | 21 | | Rehabilitation Act of 2013, the Hospital Licensing Act, or the | 22 | | University of Illinois Hospital Act, or a facility which is | 23 | | operated by the Department of Human
Services (as successor to | 24 | | the Department of Mental Health
and Developmental | 25 | | Disabilities) or the Department of Corrections.
| 26 | | (k-5) "Pharmacist" means an individual health care |
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| 1 | | professional and
provider currently licensed by this State to | 2 | | engage in the practice of
pharmacy.
| 3 | | (l) "Pharmacist in charge" means the licensed pharmacist | 4 | | whose name appears
on a pharmacy license and who is | 5 | | responsible for all aspects of the
operation related to the | 6 | | practice of pharmacy.
| 7 | | (m) "Dispense" or "dispensing" means the interpretation, | 8 | | evaluation, and implementation of a prescription drug order, | 9 | | including the preparation and delivery of a drug or device to a | 10 | | patient or patient's agent in a suitable container | 11 | | appropriately labeled for subsequent administration to or use | 12 | | by a patient in accordance with applicable State and federal | 13 | | laws and regulations.
"Dispense" or "dispensing" does not mean | 14 | | the physical delivery to a patient or a
patient's | 15 | | representative in a home or institution by a designee of a | 16 | | pharmacist
or by common carrier. "Dispense" or "dispensing" | 17 | | also does not mean the physical delivery
of a drug or medical | 18 | | device to a patient or patient's representative by a
| 19 | | pharmacist's designee within a pharmacy or drugstore while the | 20 | | pharmacist is
on duty and the pharmacy is open.
| 21 | | (n) "Nonresident pharmacy"
means a pharmacy that is | 22 | | located in a state, commonwealth, or territory
of the United | 23 | | States, other than Illinois, that delivers, dispenses, or
| 24 | | distributes, through the United States Postal Service, | 25 | | commercially acceptable parcel delivery service, or other | 26 | | common
carrier, to Illinois residents, any substance which |
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| 1 | | requires a prescription.
| 2 | | (o) "Compounding" means the preparation and mixing of | 3 | | components, excluding flavorings, (1) as the result of a | 4 | | prescriber's prescription drug order or initiative based on | 5 | | the prescriber-patient-pharmacist relationship in the course | 6 | | of professional practice or (2) for the purpose of, or | 7 | | incident to, research, teaching, or chemical analysis and not | 8 | | for sale or dispensing. "Compounding" includes the preparation | 9 | | of drugs or devices in anticipation of receiving prescription | 10 | | drug orders based on routine, regularly observed dispensing | 11 | | patterns. Commercially available products may be compounded | 12 | | for dispensing to individual patients only if all of the | 13 | | following conditions are met: (i) the commercial product is | 14 | | not reasonably available from normal distribution channels in | 15 | | a timely manner to meet the patient's needs and (ii) the | 16 | | prescribing practitioner has requested that the drug be | 17 | | compounded.
| 18 | | (p) (Blank).
| 19 | | (q) (Blank).
| 20 | | (r) "Patient counseling" means the communication between a | 21 | | pharmacist or a student pharmacist under the supervision of a | 22 | | pharmacist and a patient or the patient's representative about | 23 | | the patient's medication or device for the purpose of | 24 | | optimizing proper use of prescription medications or devices. | 25 | | "Patient counseling" may include without limitation (1) | 26 | | obtaining a medication history; (2) acquiring a patient's |
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| 1 | | allergies and health conditions; (3) facilitation of the | 2 | | patient's understanding of the intended use of the medication; | 3 | | (4) proper directions for use; (5) significant potential | 4 | | adverse events; (6) potential food-drug interactions; and (7) | 5 | | the need to be compliant with the medication therapy. A | 6 | | pharmacy technician may only participate in the following | 7 | | aspects of patient counseling under the supervision of a | 8 | | pharmacist: (1) obtaining medication history; (2) providing | 9 | | the offer for counseling by a pharmacist or student | 10 | | pharmacist; and (3) acquiring a patient's allergies and health | 11 | | conditions.
| 12 | | (s) "Patient profiles" or "patient drug therapy record" | 13 | | means the
obtaining, recording, and maintenance of patient | 14 | | prescription
information, including prescriptions for | 15 | | controlled substances, and
personal information.
| 16 | | (t) (Blank).
| 17 | | (u) "Medical device" or "device" means an instrument, | 18 | | apparatus, implement, machine,
contrivance, implant, in vitro | 19 | | reagent, or other similar or related article,
including any | 20 | | component part or accessory, required under federal law to
| 21 | | bear the label "Caution: Federal law requires dispensing by or | 22 | | on the order
of a physician". A seller of goods and services | 23 | | who, only for the purpose of
retail sales, compounds, sells, | 24 | | rents, or leases medical devices shall not,
by reasons | 25 | | thereof, be required to be a licensed pharmacy.
| 26 | | (v) "Unique identifier" means an electronic signature, |
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| 1 | | handwritten
signature or initials, thumb print, or other | 2 | | acceptable biometric
or electronic identification process as | 3 | | approved by the Department.
| 4 | | (w) "Current usual and customary retail price" means the | 5 | | price that a pharmacy charges to a non-third-party payor.
| 6 | | (x) "Automated pharmacy system" means a mechanical system | 7 | | located within the confines of the pharmacy or remote location | 8 | | that performs operations or activities, other than compounding | 9 | | or administration, relative to storage, packaging, dispensing, | 10 | | or distribution of medication, and which collects, controls, | 11 | | and maintains all transaction information. | 12 | | (y) "Drug regimen review" means and includes the | 13 | | evaluation of prescription drug orders and patient records for | 14 | | (1)
known allergies; (2) drug or potential therapy | 15 | | contraindications;
(3) reasonable dose, duration of use, and | 16 | | route of administration, taking into consideration factors | 17 | | such as age, gender, and contraindications; (4) reasonable | 18 | | directions for use; (5) potential or actual adverse drug | 19 | | reactions; (6) drug-drug interactions; (7) drug-food | 20 | | interactions; (8) drug-disease contraindications; (9) | 21 | | therapeutic duplication; (10) patient laboratory values when | 22 | | authorized and available; (11) proper utilization (including | 23 | | over or under utilization) and optimum therapeutic outcomes; | 24 | | and (12) abuse and misuse.
| 25 | | (z) "Electronically transmitted prescription" means a | 26 | | prescription that is created, recorded, or stored by |
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| 1 | | electronic means; issued and validated with an electronic | 2 | | signature; and transmitted by electronic means directly from | 3 | | the prescriber to a pharmacy. An electronic prescription is | 4 | | not an image of a physical prescription that is transferred by | 5 | | electronic means from computer to computer, facsimile to | 6 | | facsimile, or facsimile to computer.
| 7 | | (aa) "Medication therapy management services" means a | 8 | | distinct service or group of services offered by licensed | 9 | | pharmacists, physicians licensed to practice medicine in all | 10 | | its branches, advanced practice registered nurses authorized | 11 | | in a written agreement with a physician licensed to practice | 12 | | medicine in all its branches, or physician assistants | 13 | | authorized in guidelines by a supervising physician that | 14 | | optimize therapeutic outcomes for individual patients through | 15 | | improved medication use. In a retail or other non-hospital | 16 | | pharmacy, medication therapy management services shall consist | 17 | | of the evaluation of prescription drug orders and patient | 18 | | medication records to resolve conflicts with the following: | 19 | | (1) known allergies; | 20 | | (2) drug or potential therapy contraindications; | 21 | | (3) reasonable dose, duration of use, and route of | 22 | | administration, taking into consideration factors such as | 23 | | age, gender, and contraindications; | 24 | | (4) reasonable directions for use; | 25 | | (5) potential or actual adverse drug reactions; | 26 | | (6) drug-drug interactions; |
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| 1 | | (7) drug-food interactions; | 2 | | (8) drug-disease contraindications; | 3 | | (9) identification of therapeutic duplication; | 4 | | (10) patient laboratory values when authorized and | 5 | | available; | 6 | | (11) proper utilization (including over or under | 7 | | utilization) and optimum therapeutic outcomes; and | 8 | | (12) drug abuse and misuse. | 9 | | "Medication therapy management services" includes the | 10 | | following: | 11 | | (1) documenting the services delivered and | 12 | | communicating the information provided to patients' | 13 | | prescribers within an appropriate time frame, not to | 14 | | exceed 48 hours; | 15 | | (2) providing patient counseling designed to enhance a | 16 | | patient's understanding and the appropriate use of his or | 17 | | her medications; and | 18 | | (3) providing information, support services, and | 19 | | resources designed to enhance a patient's adherence with | 20 | | his or her prescribed therapeutic regimens. | 21 | | "Medication therapy management services" may also include | 22 | | patient care functions authorized by a physician licensed to | 23 | | practice medicine in all its branches for his or her | 24 | | identified patient or groups of patients under specified | 25 | | conditions or limitations in a standing order from the | 26 | | physician. |
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| 1 | | "Medication therapy management services" in a licensed | 2 | | hospital may also include the following: | 3 | | (1) reviewing assessments of the patient's health | 4 | | status; and | 5 | | (2) following protocols of a hospital pharmacy and | 6 | | therapeutics committee with respect to the fulfillment of | 7 | | medication orders.
| 8 | | (bb) "Pharmacist care" means the provision by a pharmacist | 9 | | of medication therapy management services, with or without the | 10 | | dispensing of drugs or devices, intended to achieve outcomes | 11 | | that improve patient health, quality of life, and comfort and | 12 | | enhance patient safety.
| 13 | | (cc) "Protected health information" means individually | 14 | | identifiable health information that, except as otherwise | 15 | | provided, is:
| 16 | | (1) transmitted by electronic media; | 17 | | (2) maintained in any medium set forth in the | 18 | | definition of "electronic media" in the federal Health | 19 | | Insurance Portability and Accountability Act; or | 20 | | (3) transmitted or maintained in any other form or | 21 | | medium. | 22 | | "Protected health information" does not include | 23 | | individually identifiable health information found in: | 24 | | (1) education records covered by the federal Family | 25 | | Educational Right and Privacy Act; or | 26 | | (2) employment records held by a licensee in its role |
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| 1 | | as an employer. | 2 | | (dd) "Standing order" means a specific order for a patient | 3 | | or group of patients issued by a physician licensed to | 4 | | practice medicine in all its branches in Illinois. | 5 | | (ee) "Address of record" means the designated address | 6 | | recorded by the Department in the applicant's application file | 7 | | or licensee's license file maintained by the Department's | 8 | | licensure maintenance unit. | 9 | | (ff) "Home pharmacy" means the location of a pharmacy's | 10 | | primary operations.
| 11 | | (gg) "Email address of record" means the designated email | 12 | | address recorded by the Department in the applicant's | 13 | | application file or the licensee's license file, as maintained | 14 | | by the Department's licensure maintenance unit. | 15 | | (Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21; | 16 | | 102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised | 17 | | 10-26-21.)
| 18 | | (225 ILCS 85/9) (from Ch. 111, par. 4129)
| 19 | | (Section scheduled to be repealed on January 1, 2023)
| 20 | | Sec. 9. Licensure as registered pharmacy technician. | 21 | | (a) Any person shall be entitled
to licensure as a | 22 | | registered pharmacy technician who is of the age of 16
or over, | 23 | | has not engaged in conduct or behavior determined to be | 24 | | grounds for
discipline under this Act, is attending or has
| 25 | | graduated from an accredited high school or comparable school |
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| 1 | | or educational
institution or received a high school | 2 | | equivalency certificate, and has filed a written or electronic | 3 | | application for licensure on a form
to be prescribed and | 4 | | furnished by the Department for that purpose. The
Department | 5 | | shall issue a license as a registered pharmacy technician to | 6 | | any applicant who has
qualified as aforesaid, and such license | 7 | | shall be the sole authority
required to assist licensed | 8 | | pharmacists in the practice of pharmacy, under
the supervision | 9 | | of a licensed pharmacist. A registered pharmacy technician may | 10 | | be delegated to perform any task within the practice of | 11 | | pharmacy if specifically trained for that task, except for | 12 | | patient counseling, drug regimen review, or clinical conflict | 13 | | resolution , or providing patients prophylaxis drugs for human | 14 | | immunodeficiency virus pre-exposure prophylaxis or | 15 | | post-exposure prophylaxis . | 16 | | (b) Beginning on January 1, 2017, within 2 years after | 17 | | initial licensure as a registered pharmacy technician, the | 18 | | licensee must meet the requirements described in Section 9.5 | 19 | | of this Act and become licensed as a registered certified | 20 | | pharmacy technician. If the licensee has not yet attained the | 21 | | age of 18, then upon the next renewal as a registered pharmacy | 22 | | technician, the licensee must meet the requirements described | 23 | | in Section 9.5 of this Act and become licensed as a registered | 24 | | certified pharmacy technician. This requirement does not apply | 25 | | to pharmacy technicians registered prior to January 1, 2008.
| 26 | | (c) Any person registered
as a pharmacy technician who is |
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| 1 | | also enrolled in a first professional
degree program in | 2 | | pharmacy in a school or college of pharmacy or a
department of | 3 | | pharmacy of a university approved by the Department or has | 4 | | graduated from such a program within the last 18 months, shall | 5 | | be
considered a "student pharmacist"
and entitled to use the | 6 | | title "student pharmacist". A student pharmacist must meet all | 7 | | of the requirements for licensure as a registered pharmacy | 8 | | technician set forth in this Section excluding the requirement | 9 | | of certification prior to the second license renewal and pay | 10 | | the required registered pharmacy technician license fees. A | 11 | | student pharmacist may, under the supervision of a pharmacist, | 12 | | assist in the practice of pharmacy and perform any and all | 13 | | functions delegated to him or her by the pharmacist. | 14 | | (d) Any person seeking licensure as a pharmacist who has | 15 | | graduated from a pharmacy program outside the United States | 16 | | must register as a pharmacy technician and shall be considered | 17 | | a "student pharmacist" and be entitled to use the title | 18 | | "student pharmacist" while completing the 1,200 clinical hours | 19 | | of training approved by the Board of Pharmacy described and | 20 | | for no more than 18 months after completion of these hours. | 21 | | These individuals are not required to become registered | 22 | | certified pharmacy technicians while completing their Board | 23 | | approved clinical training, but must become licensed as a | 24 | | pharmacist or become licensed as a registered certified | 25 | | pharmacy technician before the second pharmacy technician | 26 | | license renewal following completion of the Board approved |
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| 1 | | clinical training. | 2 | | (e) The Department shall not renew the registered pharmacy | 3 | | technician license of any person who has been licensed as a | 4 | | registered pharmacy technician with the designation "student | 5 | | pharmacist" who: (1) has dropped out of or been expelled from | 6 | | an ACPE accredited college of pharmacy; (2) has failed to | 7 | | complete his or her 1,200 hours of Board approved clinical | 8 | | training within 24 months; or (3) has failed the pharmacist | 9 | | licensure examination 3 times. The Department shall require | 10 | | these individuals to meet the requirements of and become | 11 | | licensed as a registered certified pharmacy technician. | 12 | | (f) The Department may
take any action set forth in | 13 | | Section 30 of this Act with regard to a license
pursuant to | 14 | | this Section.
| 15 | | (g) Any person who is enrolled in a non-traditional | 16 | | Pharm.D.
program at an ACPE accredited college of pharmacy and | 17 | | is licensed as a registered pharmacist
under the laws of | 18 | | another United States jurisdiction shall be permitted to
| 19 | | engage in the program of practice experience required in the | 20 | | academic program
by virtue of such license. Such person shall | 21 | | be exempt from the requirement
of licensure as a registered | 22 | | pharmacy technician or registered certified pharmacy | 23 | | technician while engaged in the
program of practice experience | 24 | | required in the academic program.
| 25 | | An applicant for licensure as a registered pharmacy | 26 | | technician may assist a
pharmacist in the practice of pharmacy |
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| 1 | | for a period of up to
60 days prior to the issuance of a | 2 | | license if the
applicant has submitted the required fee and an | 3 | | application for licensure
to the Department. The applicant | 4 | | shall keep a copy of the submitted
application on the premises | 5 | | where the applicant is assisting in the
practice of pharmacy. | 6 | | The Department shall forward confirmation of receipt of the | 7 | | application with start and expiration dates of practice | 8 | | pending licensure.
| 9 | | (Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
| 10 | | (225 ILCS 85/43.5 new) | 11 | | Sec. 43.5. HIV prophylaxis. In accordance with a standing | 12 | | order by a physician licensed to practice medicine in all its | 13 | | branches or the medical director of a county or local health | 14 | | department, a pharmacist may provide patients with prophylaxis | 15 | | drugs for human immunodeficiency virus pre-exposure | 16 | | prophylaxis or post-exposure prophylaxis. | 17 | | A pharmacist may provide initial assessment and dispensing | 18 | | of prophylaxis drugs for human immunodeficiency virus | 19 | | pre-exposure prophylaxis or post-exposure prophylaxis. If a | 20 | | patient's HIV test results are reactive, the pharmacist shall | 21 | | refer the patient to an appropriate health care professional | 22 | | or clinic. If the patient's HIV test results are nonreactive, | 23 | | the pharmacist may initiate human immunodeficiency virus | 24 | | pre-exposure prophylaxis or post-exposure prophylaxis to | 25 | | eligible patients. |
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| 1 | | The standing order must be consistent with the current | 2 | | version of the guidelines of the Centers for Disease Control | 3 | | and Prevention, guidelines of the United States Preventive | 4 | | Services Task Force, or generally recognized evidence-based | 5 | | clinical guidelines. | 6 | | A pharmacist must communicate the services provided under | 7 | | this Section to the patient and the patient's primary health | 8 | | care provider or other health care professional or clinic, if | 9 | | known. If there is no primary health care provider provided by | 10 | | the patient, then the pharmacist shall give the patient a list | 11 | | of primary health care providers, other health care | 12 | | professionals, and clinics in the area. | 13 | | The services provided under this Section shall be | 14 | | appropriately documented and retained in a confidential manner | 15 | | consistent with State HIV confidentiality requirements. | 16 | | The services provided under this Section shall take place | 17 | | in a private manner. | 18 | | A pharmacist shall complete an educational training | 19 | | program accredited by the Accreditation Council for Pharmacy | 20 | | Education and approved by the Department that is related to | 21 | | the initiation, dispensing, or administration of drugs, | 22 | | laboratory tests, assessments, referrals, and consultations | 23 | | for human immunodeficiency virus pre-exposure prophylaxis and | 24 | | human immunodeficiency virus post-exposure prophylaxis. | 25 | | Section 20. The Illinois Public Aid Code is amended by |
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| 1 | | changing Section 5-5.12d as follows: | 2 | | (305 ILCS 5/5-5.12d) | 3 | | Sec. 5-5.12d. Coverage for patient care services for | 4 | | hormonal contraceptives , human immunodeficiency virus | 5 | | pre-exposure prophylaxis, and human immunodeficiency virus | 6 | | post-exposure prophylaxis provided by a pharmacist. | 7 | | (a) Subject to approval by the federal Centers for | 8 | | Medicare and Medicaid Services, the medical assistance | 9 | | program, including both the fee-for-service and managed care | 10 | | medical assistance programs established under this Article, | 11 | | shall cover patient care services provided by a pharmacist for | 12 | | hormonal contraceptives , human immunodeficiency virus | 13 | | pre-exposure prophylaxis, and human immunodeficiency virus | 14 | | post-exposure prophylaxis assessment and consultation. | 15 | | (b) The Department shall establish a fee schedule for | 16 | | patient care services provided by a pharmacist under Sections | 17 | | 43 and 43.5 of the Pharmacy Practice Act and shall be covered | 18 | | and reimbursed at no less than 85% of the rate that the | 19 | | services are reimbursed when provided by a physician for | 20 | | hormonal contraceptives assessment and consultation . | 21 | | (c) The rate of reimbursement for patient care services | 22 | | provided by a pharmacist for hormonal contraceptives , human | 23 | | immunodeficiency virus pre-exposure prophylaxis, and human | 24 | | immunodeficiency virus post-exposure prophylaxis assessment | 25 | | and consultation shall be at 85% of the fee schedule for |
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| 1 | | physician services by the medical assistance program. | 2 | | (d) A pharmacist must be enrolled in the medical | 3 | | assistance program as an ordering and referring provider prior | 4 | | to providing patient care services for hormonal | 5 | | contraceptives , human immunodeficiency virus pre-exposure | 6 | | prophylaxis, and human immunodeficiency virus post-exposure | 7 | | prophylaxis assessment and consultation that is submitted by a | 8 | | pharmacy or pharmacist provider for reimbursement pursuant to | 9 | | this Section. | 10 | | (e) The Department shall apply for any necessary federal | 11 | | waivers or approvals to implement this Section by January 1, | 12 | | 2023 2022 . | 13 | | (f) This Section does not restrict or prohibit any | 14 | | services currently provided by pharmacists as authorized by | 15 | | law, including, but not limited to, pharmacist services | 16 | | provided under this Code or authorized under the Illinois | 17 | | Title XIX State Plan. | 18 | | (g) The Department shall submit to the Joint Committee on | 19 | | Administrative Rules administrative rules for this Section as | 20 | | soon as practicable but no later than 6 months after federal | 21 | | approval is received.
| 22 | | (Source: P.A. 102-103, eff. 1-1-22.)
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2023.
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