Full Text of HB1031 94th General Assembly
HB1031enr 94TH GENERAL ASSEMBLY
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HB1031 Enrolled |
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LRB094 07832 RAS 38012 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Pharmacy Practice Act of 1987 is amended by | 5 |
| changing Sections 14, 15, and 18 as follows:
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| (225 ILCS 85/14) (from Ch. 111, par. 4134)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 14. Structural and equipment requirements. No person | 9 |
| shall establish
or move to a new location any
pharmacy unless | 10 |
| the pharmacy is licensed with the Department and has on
file | 11 |
| with the Department a verified statement that:
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| (1) such pharmacy is or will be engaged in the practice | 13 |
| of
pharmacy; and
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| (2) other than a Division VI pharmacy, such pharmacy | 15 |
| will have in stock and shall maintain
sufficient
drugs and | 16 |
| materials as to protect the public it serves within
30 days | 17 |
| after the
issuance of the registration of the pharmacy.
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| Division I, II, III, IV, or V pharmacies shall be in
a | 19 |
| suitable,
well-lighted and well-ventilated
area with at least | 20 |
| 300 square feet of clean and sanitary contiguous
space and | 21 |
| shall be suitably equipped for compounding prescriptions,
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| storage of drugs and sale of drugs and to otherwise conduct the | 23 |
| practice
of pharmacy. The space occupied shall be equipped with | 24 |
| a sink with
hot and cold water or facilities for heating water, | 25 |
| proper
sewage outlet,
refrigeration storage equipment, and | 26 |
| such fixtures, facilities, drugs,
equipment and material, | 27 |
| which shall include the current editions of the United
States | 28 |
| Pharmacopoeia/DI, Facts and Comparisons, or any other current | 29 |
| compendium
approved by the Department, and other such reference | 30 |
| works, as will enable a
pharmacist to practice pharmacy, | 31 |
| including this Act and the rules promulgated
under this Act. | 32 |
| Such pharmacy shall have the following items:
accurate weights |
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HB1031 Enrolled |
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LRB094 07832 RAS 38012 b |
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| of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription
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| balance equipped with balance indicator and with mechanical | 3 |
| means of arresting
the oscillations of the mechanism and which | 4 |
| balance shall be sensitive to 0.5
grain (32 mg) or less or an | 5 |
| alternative weighing device as approved by the
Department, and | 6 |
| such other measuring devices as may be necessary for
the | 7 |
| conduct of the practice of pharmacy.
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| The provisions of this Section with regard to 300 square | 9 |
| feet of space
shall apply to any pharmacy which is opened after | 10 |
| the effective date
of this Act. Nothing shall require a | 11 |
| pharmacy in existence on the
effective date of this Act which | 12 |
| is comprised of less than 300 square
feet to provide additional | 13 |
| space to meet these requirements.
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| Any structural and equipment requirements for a Division VI | 15 |
| pharmacy shall be set by rule.
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| (Source: P.A. 92-880, eff. 1-1-04.)
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| (225 ILCS 85/15) (from Ch. 111, par. 4135)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 15. Pharmacy requirements. It shall be unlawful
for | 20 |
| the owner of any pharmacy, as defined in this Act, to operate | 21 |
| or conduct
the same, or to allow the same to be
operated or | 22 |
| conducted, unless:
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| (a) It has a licensed pharmacist, authorized to practice | 24 |
| pharmacy
in this State under the provisions of this Act, on | 25 |
| duty whenever the
practice of pharmacy is conducted;
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| (b) Security provisions for all drugs and devices, as | 27 |
| determined by
rule of the Department, are provided during the | 28 |
| absence from the licensed
pharmacy of all licensed pharmacists. | 29 |
| Maintenance of security provisions
is the responsibility of the | 30 |
| licensed registered pharmacist in charge;
and
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| (c) The pharmacy is licensed under this Act to do business.
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| The Department shall, by rule, provide requirements for | 33 |
| each division
of pharmacy license and shall, as well provide | 34 |
| guidelines for the designation
of a registered pharmacist in | 35 |
| charge for each division.
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| Division I. Retail Licenses for pharmacies which are open | 2 |
| to, or offer
pharmacy services to, the general public.
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| Division II. Licenses for pharmacies whose primary | 4 |
| pharmacy service
is provided to patients or residents of | 5 |
| facilities licensed under the
Nursing Home Care Act or the | 6 |
| Hospital Licensing Act,
or "An Act in relation to the
founding | 7 |
| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 9 |
| approved July 3,
1931, as amended,
and which are not located in | 10 |
| the facilities they serve.
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| Division III. Licenses for pharmacies which are located in | 12 |
| a facility
licensed under the Nursing Home Care Act or the | 13 |
| Hospital
Licensing Act,
or "An Act in relation to the
founding | 14 |
| and operation of the University of Illinois Hospital and the
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| conduct of University of Illinois health care programs", | 16 |
| approved July 3,
1931, as amended,
or a facility which is | 17 |
| operated by the Department of Human
Services (as successor to | 18 |
| the Department of Mental Health
and Developmental | 19 |
| Disabilities) or the Department of Corrections,
and which | 20 |
| provide pharmacy services to residents or patients of the
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| facility, as well as employees, prescribers and students of the | 22 |
| facility.
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| Division IV. Licenses for pharmacies which provide or offer | 24 |
| for sale
radioactive materials.
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| Division V. Licenses for pharmacies which hold licenses in | 26 |
| Division
II or Division III which also provide pharmacy | 27 |
| services to the general
public, or pharmacies which are located | 28 |
| in or whose primary pharmacy
service is to ambulatory care | 29 |
| facilities or schools of veterinary medicine
or other such | 30 |
| institution or facility.
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| Division VI. Licenses for pharmacies that provide pharmacy | 32 |
| services to patients of institutions serviced by pharmacies | 33 |
| with a Division II or Division III license, without using their | 34 |
| own supply of drugs. Division VI pharmacies may provide | 35 |
| pharmacy services only in cooperation with an institution's | 36 |
| pharmacy or pharmacy provider. Nothing in this paragraph shall |
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| constitute a change to the practice of pharmacy as defined in | 2 |
| Section 3 of this Act. Nothing in this amendatory Act of the | 3 |
| 94th General Assembly shall in any way alter the definition or | 4 |
| operation of any other division of pharmacy as provided in this | 5 |
| Act.
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| The Director may waive the requirement for a pharmacist to | 7 |
| be on duty
at all times for State facilities not treating human | 8 |
| ailments.
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| It shall be unlawful for any person, who is not a licensed | 10 |
| pharmacy
or health care facility, to purport to be such or to | 11 |
| use in name, title,
or sign designating, or in connection with | 12 |
| that place of business,
any of the words: "pharmacy", | 13 |
| "pharmacist", "pharmacy department",
"apothecary", "druggist", | 14 |
| "drug", "drugs", "medicines", "medicine store",
"drug | 15 |
| sundries", "prescriptions filled", or any list of words | 16 |
| indicating
that drugs are compounded or sold to the lay public, | 17 |
| or prescriptions
are dispensed therein. Each day during which, | 18 |
| or a part which, such
representation is made or appears or such | 19 |
| a sign is allowed to remain
upon or in such a place of business | 20 |
| shall constitute a separate offense
under this Act.
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| The holder of any license or certificate of registration | 22 |
| shall conspicuously
display it in the pharmacy in which he is | 23 |
| engaged in the practice of
pharmacy. The registered pharmacist | 24 |
| in charge shall conspicuously
display his name in such | 25 |
| pharmacy. The pharmacy license shall also
be conspicuously | 26 |
| displayed.
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| (Source: P.A. 92-880, eff. 1-1-04.)
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| (225 ILCS 85/18) (from Ch. 111, par. 4138)
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| (Section scheduled to be repealed on January 1, 2008)
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| Sec. 18. Record retention. | 31 |
| (a) Except as provided in subsection (b), there
There shall | 32 |
| be kept in every drugstore or
pharmacy a suitable
book, file, | 33 |
| or electronic record keeping system in which shall be preserved
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| for a period of not less than 5 years the original of every | 35 |
| written
prescription and the original transcript or copy of |
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| every verbal prescription
filled, compounded, or dispensed, in | 2 |
| such pharmacy; and such book or
file of prescriptions shall at | 3 |
| all reasonable times be open to inspection
to the pharmacy | 4 |
| coordinator and the duly authorized agents or
employees of the | 5 |
| Department.
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| Every prescription filled or refilled shall contain the
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| unique identifier of the person authorized to practice
pharmacy | 8 |
| under the provision of this Act who fills or refills the
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| prescription.
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| Records kept pursuant to this Section may be maintained in | 11 |
| an alternative
data retention system, such as a direct digital | 12 |
| imaging system, provided that:
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| (1) the records maintained in the alternative data | 14 |
| retention system
contain all of the information required in | 15 |
| a manual record;
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| (2) the data processing system is capable of producing | 17 |
| a hard copy of the
electronic record on the request of the | 18 |
| Board, its representative, or other
authorized local, | 19 |
| State, or federal law enforcement or regulatory agency; and
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| (3) the digital images are recorded and stored only by | 21 |
| means of a
technology that does not allow subsequent | 22 |
| revision or replacement of the
images.
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| As used in this Section, "digital imaging system" means a | 24 |
| system, including
people, machines, methods of organization, | 25 |
| and procedures, that provides input,
storage, processing, | 26 |
| communications, output, and control functions for
digitized
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| representations of original prescription records.
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| Inpatient drug orders may be maintained
within an | 29 |
| institution in a manner approved by the Department.
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| (b) The record retention requirements for a Division VI | 31 |
| pharmacy shall be set by rule. | 32 |
| (Source: P.A. 92-880, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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