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


Rep. Kelly M. Cassidy

Filed: 3/1/2022





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2    AMENDMENT NO. ______. Amend House Bill 4430 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Clinical Laboratory and Blood
5Bank Act is amended by changing Sections 7-101 and 7-102 as
7    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
8    Sec. 7-101. Examination of specimens. A clinical
9laboratory shall examine specimens only at the request of (i)
10a licensed physician, (ii) a licensed dentist, (iii) a
11licensed podiatric physician, (iv) a licensed optometrist, (v)
12a licensed physician assistant, (v-A) a licensed advanced
13practice registered nurse, (vi) an authorized law enforcement
14agency or, in the case of blood alcohol, at the request of the
15individual for whom the test is to be performed in compliance
16with Sections 11-501 and 11-501.1 of the Illinois Vehicle



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1Code, or (vii) a genetic counselor with the specific authority
2from a referral to order a test or tests pursuant to subsection
3(b) of Section 20 of the Genetic Counselor Licensing Act, or
4(viii) a pharmacist in accordance with Section 43.5 of the
5Pharmacy Practice Act. If the request to a laboratory is oral,
6the physician or other authorized person shall submit a
7written request to the laboratory within 48 hours. If the
8laboratory does not receive the written request within that
9period, it shall note that fact in its records. For purposes of
10this Section, a request made by electronic mail or fax
11constitutes a written request.
12(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
13    (210 ILCS 25/7-102)  (from Ch. 111 1/2, par. 627-102)
14    Sec. 7-102. Reports of test results.
15    (a) Clinical laboratory test results may be reported or
16transmitted to:
17        (1) the licensed physician or other authorized person
18    who requested the test, their designee, or both;
19        (2) any health care provider who is providing
20    treatment to the patient;
21        (3) an electronic health information exchange for the
22    purposes of transmitting, using, or disclosing clinical
23    laboratory test results in any manner required or
24    permitted by HIPAA; and .
25        (4) a pharmacist in accordance with Section 43.5 of



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1    the Pharmacy Practice Act.
2    (b) No interpretation, diagnosis, or prognosis or
3suggested treatment shall appear on the laboratory report
4form, except that a report made by a physician licensed to
5practice medicine in Illinois, a dentist licensed in Illinois,
6or an optometrist licensed in Illinois may include such
8    (c) Nothing in this Act prohibits the sharing of
9information as authorized in Section 2.1 of the Department of
10Public Health Act.
11(Source: P.A. 98-185, eff. 1-1-14; 98-1046, eff. 1-1-15.)
12    Section 10. The Illinois Insurance Code is amended by
13adding Section 356z.1a as follows:
14    (215 ILCS 5/356z.1a new)
15    Sec. 356z.1a. HIV prophylaxis reimbursement. An insurance
16carrier or third-party payor shall reimburse a pharmacist or
17other health care professional for dispensing HIV prophylaxis
18drugs and providing services under Section 43.5 of the
19Pharmacy Practice Act to a covered person in accordance with
20the current version of the guidelines of the Centers for
21Disease Control and Prevention and the United States
22Preventive Services Task Force. Reimbursement shall provide an
23adequate consultation fee or, if medical billing is not
24available, an enhanced dispensing fee that is equivalent to



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185% of the fees for services provided by an advanced practice
2registered nurse or physician.
3    Section 15. The Pharmacy Practice Act is amended by
4changing Sections 3 and 9 and by adding Section 43.5 as
6    (225 ILCS 85/3)
7    (Section scheduled to be repealed on January 1, 2023)
8    Sec. 3. Definitions. For the purpose of this Act, except
9where otherwise limited therein:
10    (a) "Pharmacy" or "drugstore" means and includes every
11store, shop, pharmacy department, or other place where
12pharmacist care is provided by a pharmacist (1) where drugs,
13medicines, or poisons are dispensed, sold or offered for sale
14at retail, or displayed for sale at retail; or (2) where
15prescriptions of physicians, dentists, advanced practice
16registered nurses, physician assistants, veterinarians,
17podiatric physicians, or optometrists, within the limits of
18their licenses, are compounded, filled, or dispensed; or (3)
19which has upon it or displayed within it, or affixed to or used
20in connection with it, a sign bearing the word or words
21"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
22"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
23"Drugs", "Dispensary", "Medicines", or any word or words of
24similar or like import, either in the English language or any



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



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1    (d) "Practice of pharmacy" means:
2        (1) the interpretation and the provision of assistance
3    in the monitoring, evaluation, and implementation of
4    prescription drug orders;
5        (2) the dispensing of prescription drug orders;
6        (3) participation in drug and device selection;
7        (4) drug administration limited to the administration
8    of oral, topical, injectable, and inhalation as follows:
9            (A) in the context of patient education on the
10        proper use or delivery of medications;
11            (B) vaccination of patients 7 years of age and
12        older pursuant to a valid prescription or standing
13        order, by a physician licensed to practice medicine in
14        all its branches, upon completion of appropriate
15        training, including how to address contraindications
16        and adverse reactions set forth by rule, with
17        notification to the patient's physician and
18        appropriate record retention, or pursuant to hospital
19        pharmacy and therapeutics committee policies and
20        procedures. Eligible vaccines are those listed on the
21        U.S. Centers for Disease Control and Prevention (CDC)
22        Recommended Immunization Schedule, the CDC's Health
23        Information for International Travel, or the U.S. Food
24        and Drug Administration's Vaccines Licensed and
25        Authorized for Use in the United States. As applicable
26        to the State's Medicaid program and other payers,



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1        vaccines ordered and administered in accordance with
2        this subsection shall be covered and reimbursed at no
3        less than the rate that the vaccine is reimbursed when
4        ordered and administered by a physician;
5            (B-5) following the initial administration of
6        long-acting or extended-release form opioid
7        antagonists by a physician licensed to practice
8        medicine in all its branches, administration of
9        injections of long-acting or extended-release form
10        opioid antagonists for the treatment of substance use
11        disorder, pursuant to a valid prescription by a
12        physician licensed to practice medicine in all its
13        branches, upon completion of appropriate training,
14        including how to address contraindications and adverse
15        reactions, including, but not limited to, respiratory
16        depression and the performance of cardiopulmonary
17        resuscitation, set forth by rule, with notification to
18        the patient's physician and appropriate record
19        retention, or pursuant to hospital pharmacy and
20        therapeutics committee policies and procedures;
21            (C) administration of injections of
22        alpha-hydroxyprogesterone caproate, pursuant to a
23        valid prescription, by a physician licensed to
24        practice medicine in all its branches, upon completion
25        of appropriate training, including how to address
26        contraindications and adverse reactions set forth by



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



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1    repackager, or distributor of non-prescription drugs and
2    commercially packaged legend drugs and devices), proper
3    and safe storage of drugs and devices, and maintenance of
4    required records; and
5        (13) the assessment and consultation of patients and
6    dispensing of hormonal contraceptives; and .
7        (14) the initiation, dispensing, or administration of
8    drugs, laboratory tests, assessments, referrals, and
9    consultations for human immunodeficiency virus
10    pre-exposure prophylaxis and human immunodeficiency virus
11    post-exposure prophylaxis under Section 43.5.
12    A pharmacist who performs any of the acts defined as the
13practice of pharmacy in this State must be actively licensed
14as a pharmacist under this Act.
15    (e) "Prescription" means and includes any written, oral,
16facsimile, or electronically transmitted order for drugs or
17medical devices, issued by a physician licensed to practice
18medicine in all its branches, dentist, veterinarian, podiatric
19physician, or optometrist, within the limits of his or her
20license, by a physician assistant in accordance with
21subsection (f) of Section 4, or by an advanced practice
22registered nurse in accordance with subsection (g) of Section
234, containing the following: (1) name of the patient; (2) date
24when prescription was issued; (3) name and strength of drug or
25description of the medical device prescribed; and (4)
26quantity; (5) directions for use; (6) prescriber's name,



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1address, and signature; and (7) DEA registration number where
2required, for controlled substances. The prescription may, but
3is not required to, list the illness, disease, or condition
4for which the drug or device is being prescribed. DEA
5registration numbers shall not be required on inpatient drug
6orders. A prescription for medication other than controlled
7substances shall be valid for up to 15 months from the date
8issued for the purpose of refills, unless the prescription
9states otherwise.
10    (f) "Person" means and includes a natural person,
11partnership, association, corporation, government entity, or
12any other legal entity.
13    (g) "Department" means the Department of Financial and
14Professional Regulation.
15    (h) "Board of Pharmacy" or "Board" means the State Board
16of Pharmacy of the Department of Financial and Professional
18    (i) "Secretary" means the Secretary of Financial and
19Professional Regulation.
20    (j) "Drug product selection" means the interchange for a
21prescribed pharmaceutical product in accordance with Section
2225 of this Act and Section 3.14 of the Illinois Food, Drug and
23Cosmetic Act.
24    (k) "Inpatient drug order" means an order issued by an
25authorized prescriber for a resident or patient of a facility
26licensed under the Nursing Home Care Act, the ID/DD Community



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1Care Act, the MC/DD Act, the Specialized Mental Health
2Rehabilitation Act of 2013, the Hospital Licensing Act, or the
3University of Illinois Hospital Act, or a facility which is
4operated by the Department of Human Services (as successor to
5the Department of Mental Health and Developmental
6Disabilities) or the Department of Corrections.
7    (k-5) "Pharmacist" means an individual health care
8professional and provider currently licensed by this State to
9engage in the practice of pharmacy.
10    (l) "Pharmacist in charge" means the licensed pharmacist
11whose name appears on a pharmacy license and who is
12responsible for all aspects of the operation related to the
13practice of pharmacy.
14    (m) "Dispense" or "dispensing" means the interpretation,
15evaluation, and implementation of a prescription drug order,
16including the preparation and delivery of a drug or device to a
17patient or patient's agent in a suitable container
18appropriately labeled for subsequent administration to or use
19by a patient in accordance with applicable State and federal
20laws and regulations. "Dispense" or "dispensing" does not mean
21the physical delivery to a patient or a patient's
22representative in a home or institution by a designee of a
23pharmacist or by common carrier. "Dispense" or "dispensing"
24also does not mean the physical delivery of a drug or medical
25device to a patient or patient's representative by a
26pharmacist's designee within a pharmacy or drugstore while the



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



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



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



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



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



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



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1        (3) transmitted or maintained in any other form or
2    medium.
3    "Protected health information" does not include
4individually identifiable health information found in:
5        (1) education records covered by the federal Family
6    Educational Right and Privacy Act; or
7        (2) employment records held by a licensee in its role
8    as an employer.
9    (dd) "Standing order" means a specific order for a patient
10or group of patients issued by a physician licensed to
11practice medicine in all its branches in Illinois.
12    (ee) "Address of record" means the designated address
13recorded by the Department in the applicant's application file
14or licensee's license file maintained by the Department's
15licensure maintenance unit.
16    (ff) "Home pharmacy" means the location of a pharmacy's
17primary operations.
18    (gg) "Email address of record" means the designated email
19address recorded by the Department in the applicant's
20application file or the licensee's license file, as maintained
21by the Department's licensure maintenance unit.
22(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
23102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
25    (225 ILCS 85/9)  (from Ch. 111, par. 4129)



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1    (Section scheduled to be repealed on January 1, 2023)
2    Sec. 9. Licensure as registered pharmacy technician.
3    (a) Any person shall be entitled to licensure as a
4registered pharmacy technician who is of the age of 16 or over,
5has not engaged in conduct or behavior determined to be
6grounds for discipline under this Act, is attending or has
7graduated from an accredited high school or comparable school
8or educational institution or received a high school
9equivalency certificate, and has filed a written or electronic
10application for licensure on a form to be prescribed and
11furnished by the Department for that purpose. The Department
12shall issue a license as a registered pharmacy technician to
13any applicant who has qualified as aforesaid, and such license
14shall be the sole authority required to assist licensed
15pharmacists in the practice of pharmacy, under the supervision
16of a licensed pharmacist. A registered pharmacy technician may
17be delegated to perform any task within the practice of
18pharmacy if specifically trained for that task, except for
19patient counseling, drug regimen review, or clinical conflict
20resolution, or providing patients prophylaxis drugs for human
21immunodeficiency virus pre-exposure prophylaxis or
22post-exposure prophylaxis.
23    (b) Beginning on January 1, 2017, within 2 years after
24initial licensure as a registered pharmacy technician, the
25licensee must meet the requirements described in Section 9.5
26of this Act and become licensed as a registered certified



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1pharmacy technician. If the licensee has not yet attained the
2age of 18, then upon the next renewal as a registered pharmacy
3technician, the licensee must meet the requirements described
4in Section 9.5 of this Act and become licensed as a registered
5certified pharmacy technician. This requirement does not apply
6to pharmacy technicians registered prior to January 1, 2008.
7    (c) Any person registered as a pharmacy technician who is
8also enrolled in a first professional degree program in
9pharmacy in a school or college of pharmacy or a department of
10pharmacy of a university approved by the Department or has
11graduated from such a program within the last 18 months, shall
12be considered a "student pharmacist" and entitled to use the
13title "student pharmacist". A student pharmacist must meet all
14of the requirements for licensure as a registered pharmacy
15technician set forth in this Section excluding the requirement
16of certification prior to the second license renewal and pay
17the required registered pharmacy technician license fees. A
18student pharmacist may, under the supervision of a pharmacist,
19assist in the practice of pharmacy and perform any and all
20functions delegated to him or her by the pharmacist.
21    (d) Any person seeking licensure as a pharmacist who has
22graduated from a pharmacy program outside the United States
23must register as a pharmacy technician and shall be considered
24a "student pharmacist" and be entitled to use the title
25"student pharmacist" while completing the 1,200 clinical hours
26of training approved by the Board of Pharmacy described and



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1for no more than 18 months after completion of these hours.
2These individuals are not required to become registered
3certified pharmacy technicians while completing their Board
4approved clinical training, but must become licensed as a
5pharmacist or become licensed as a registered certified
6pharmacy technician before the second pharmacy technician
7license renewal following completion of the Board approved
8clinical training.
9    (e) The Department shall not renew the registered pharmacy
10technician license of any person who has been licensed as a
11registered pharmacy technician with the designation "student
12pharmacist" who: (1) has dropped out of or been expelled from
13an ACPE accredited college of pharmacy; (2) has failed to
14complete his or her 1,200 hours of Board approved clinical
15training within 24 months; or (3) has failed the pharmacist
16licensure examination 3 times. The Department shall require
17these individuals to meet the requirements of and become
18licensed as a registered certified pharmacy technician.
19    (f) The Department may take any action set forth in
20Section 30 of this Act with regard to a license pursuant to
21this Section.
22    (g) Any person who is enrolled in a non-traditional
23Pharm.D. program at an ACPE accredited college of pharmacy and
24is licensed as a registered pharmacist under the laws of
25another United States jurisdiction shall be permitted to
26engage in the program of practice experience required in the



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



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



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1Education and approved by the Department that is related to
2the initiation, dispensing, or administration of drugs,
3laboratory tests, assessments, referrals, and consultations
4for human immunodeficiency virus pre-exposure prophylaxis and
5human immunodeficiency virus post-exposure prophylaxis.
6    Section 20. The Illinois Public Aid Code is amended by
7changing Section 5-5.12d as follows:
8    (305 ILCS 5/5-5.12d)
9    Sec. 5-5.12d. Coverage for patient care services for
10hormonal contraceptives, human immunodeficiency virus
11pre-exposure prophylaxis, and human immunodeficiency virus
12post-exposure prophylaxis provided by a pharmacist.
13    (a) Subject to approval by the federal Centers for
14Medicare and Medicaid Services, the medical assistance
15program, including both the fee-for-service and managed care
16medical assistance programs established under this Article,
17shall cover patient care services provided by a pharmacist for
18hormonal contraceptives, human immunodeficiency virus
19pre-exposure prophylaxis, and human immunodeficiency virus
20post-exposure prophylaxis assessment and consultation.
21    (b) The Department shall establish a fee schedule for
22patient care services provided by a pharmacist under Sections
2343 and 43.5 of the Pharmacy Practice Act and shall be covered
24and reimbursed at no less than 85% of the rate that the



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1services are reimbursed when provided by a physician for
2hormonal contraceptives assessment and consultation.
3    (c) The rate of reimbursement for patient care services
4provided by a pharmacist for hormonal contraceptives, human
5immunodeficiency virus pre-exposure prophylaxis, and human
6immunodeficiency virus post-exposure prophylaxis assessment
7and consultation shall be at 85% of the fee schedule for
8physician services by the medical assistance program.
9    (d) A pharmacist must be enrolled in the medical
10assistance program as an ordering and referring provider prior
11to providing patient care services for hormonal
12contraceptives, human immunodeficiency virus pre-exposure
13prophylaxis, and human immunodeficiency virus post-exposure
14prophylaxis assessment and consultation that is submitted by a
15pharmacy or pharmacist provider for reimbursement pursuant to
16this Section.
17    (e) The Department shall apply for any necessary federal
18waivers or approvals to implement this Section by January 1,
192023 2022.
20    (f) This Section does not restrict or prohibit any
21services currently provided by pharmacists as authorized by
22law, including, but not limited to, pharmacist services
23provided under this Code or authorized under the Illinois
24Title XIX State Plan.
25    (g) The Department shall submit to the Joint Committee on
26Administrative Rules administrative rules for this Section as



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1soon as practicable but no later than 6 months after federal
2approval is received.
3(Source: P.A. 102-103, eff. 1-1-22.)
4    Section 99. Effective date. This Act takes effect January
51, 2023.".