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90_HB0945
225 ILCS 85/3 from Ch. 111, par. 4123
225 ILCS 85/10 from Ch. 111, par. 4130
225 ILCS 85/14 from Ch. 111, par. 4134
225 ILCS 85/18 from Ch. 111, par. 4138
225 ILCS 85/22 from Ch. 111, par. 4142
225 ILCS 85/22a new
Amends the Pharmacy Practice Act of 1987 to provide for
staggered terms for members of the State Board of Pharmacy
beginning April 1, 1999. Revises definitions of "pharmacy",
"prescription", "dispense", and "patient counseling".
Provides that the Department of Professional Regulation shall
adopt rules concerning labeling in Division II and Division
III pharmacies and the use of automated dispensing and
storage systems. Allows pharmacies and drugstores to retain
records in an alternative data retention system under stated
conditions. Effective immediately.
LRB9004158DPcc
LRB9004158DPcc
1 AN ACT to amend the Pharmacy Practice Act of 1987 by
2 changing Sections 3, 10, 14, 18, and 22 and adding Section
3 22a.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Pharmacy Practice Act of 1987 is amended
7 by changing Sections 3, 10, 14, 18, and 22 and adding Section
8 22a as follows:
9 (225 ILCS 85/3) (from Ch. 111, par. 4123)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 3. For the purpose of this Act, except where
12 otherwise limited therein:
13 (a) "Pharmacy" or "drugstore" means and includes every
14 store, or shop, pharmacy department, or other place where:
15 (l) pharmaceutical care is provided by a pharmacist; or (2)
16 drugs, medicines, or poisons are dispensed, or sold or
17 offered for sale at retail,; or displayed for sale at retail;
18 or (2) (3) where prescriptions of physicians, dentists,
19 veterinarians, or other persons authorized to prescribe drugs
20 within the limits of their licenses are compounded, filled,
21 or dispensed; or (3) (4) which has upon it or displayed
22 within it, or affixed to or used in connection with it, a
23 sign bearing the word or words "Pharmacist", "Druggist",
24 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
25 "Prescriptions", "Drugs", "Medicines", or any word or words
26 of similar or like import, either in the English language or
27 any other language; or (4) (5) where the characteristic
28 prescription sign (Rx) or similar design is exhibited; or (5)
29 (6) any store, or shop, or other place with respect to which
30 any of the above words, objects, signs or designs are used in
31 any advertisement.
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1 (b) "Drugs" means and includes (l) articles recognized
2 in the official United States Pharmacopoeia/National
3 Formulary (USP/NF), or any supplement thereto and being
4 intended for and having for their main use the diagnosis,
5 cure, mitigation, treatment or prevention of disease in man
6 or other animals, as approved by the United States Food and
7 Drug Administration, but does not include devices or their
8 components, parts, or accessories; and (2) all other articles
9 intended for and having for their main use the diagnosis,
10 cure, mitigation, treatment or prevention of disease in man
11 or other animals, as approved by the United States Food and
12 Drug Administration, but does not include devices or their
13 components, parts, or accessories; and (3) articles (other
14 than food) having for their main use and intended to affect
15 the structure or any function of the body of man or other
16 animals; and (4) articles having for their main use and
17 intended for use as a component or any articles specified in
18 clause (l), (2) or (3); but does not include devices or their
19 components, parts or accessories.
20 (c) "Medicines" means and includes all drugs intended
21 for human or veterinary use approved by the United States
22 Food and Drug Administration.
23 (d) "Practice of pharmacy" means the provision of
24 pharmaceutical care to patients which may include, but is not
25 limited to, (1) patient counseling, (2) interpretation and
26 assisting in the monitoring of appropriate drug use and
27 prospective drug utilization review, (3) providing
28 information on the therapeutic values, reactions, drug
29 interactions, side effects, uses, selection of medications
30 and medical devices, and outcome of drug therapy, (4)
31 participation in drug selection, drug monitoring, drug
32 utilization review, evaluation, administration,
33 interpretation, and applying pharmacokinetic and laboratory
34 data to design safe and effective drug regimens and drug
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1 research (clinical and scientific) when applicable in the
2 pharmacist's professional judgment, and (6) compounding and
3 dispensing of drugs and medical devices.
4 (e) "Prescription" means and includes any written, oral,
5 facsimile, or electronically transmitted order for drugs or
6 medical devices, issued by a physician licensed to practice
7 medicine in all its branches, dentist, veterinarian, or
8 podiatrist, containing the following: (l) name of the
9 patient; (2) date when prescription was given; (3) name and
10 strength of drug or description of the medical device
11 prescribed; and (4) quantity, (5) directions for use, (6)
12 prescriber's name, address and signature, and (7) DEA number
13 where required, for controlled substances. DEA numbers shall
14 not be required on inpatient drug orders.
15 (f) "Person" means and includes a natural person,
16 copartnership, association, or corporation.
17 (g) "Department" means the Department of Professional
18 Regulation.
19 (h) "Board of Pharmacy" or "Board" means the State Board
20 of Pharmacy of the Department of Professional Regulation.
21 (i) "Director" means the Director of Professional
22 Regulation.
23 (j) "Drug product selection" means the interchange for a
24 prescribed pharmaceutical product in accordance with Section
25 25 of this Act and Section 3.14 of the Illinois Food, Drug
26 and Cosmetic Act.
27 (k) "Inpatient drug order" means an order issued by an
28 authorized prescriber for a resident or patient of a facility
29 licensed under the Nursing Home Care Act or the Hospital
30 Licensing Act, or "An Act in relation to the founding and
31 operation of the University of Illinois Hospital and the
32 conduct of University of Illinois health care programs",
33 approved July 3, 1931, as amended, or a facility which is
34 operated by the Department of Mental Health and Developmental
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1 Disabilities or the Department of Corrections.
2 (l) "Pharmacist in charge" means the licensed pharmacist
3 whose name appears on a pharmacy license who is responsible
4 for all aspects of the operation related to the practice of
5 pharmacy.
6 (m) "Dispense" means the preparation for delivery of
7 drugs and medical devices, in accordance with applicable
8 State and federal laws and regulations, to the patient or the
9 patient's representative authorized to receive these
10 products, including the compounding, packaging, and labeling
11 necessary for delivery. "Dispense" does not mean the physical
12 act of delivery of drugs and medical devices itself, whether
13 by cashier, delivery person, or another individual, and any
14 recommending or advising concerning the contents and
15 therapeutic values and uses thereof.
16 (n) "Mail-order pharmacy" means a pharmacy that is
17 located in a state of the United States, other than Illinois,
18 that delivers, dispenses or distributes, through the United
19 States Postal Service or other common carrier, to Illinois
20 residents, any substance which requires a prescription.
21 (o) "Compounding" means the preparation, mixing,
22 assembling, packaging, or labeling of a drug or medical
23 device: (1) as the result of a practitioner's prescription
24 drug order or initiative that is dispensed pursuant to a
25 prescription in the course of professional practice; or (2)
26 for the purpose of, or incident to, research, teaching, or
27 chemical analysis and not for sale or dispensing a
28 prescriber's order; or (3) the preparation of drugs or
29 medical devices in anticipation of prescription drug orders
30 based on routine, regularly observed prescribing patterns.
31 (p) "Confidential information" means information,
32 maintained by the pharmacist in the patient's records,
33 released only (i) to the patient or, as the patient directs,
34 to other practitioners and other pharmacists or (ii) to any
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1 other person or governmental agency authorized by law to
2 receive the information.
3 (q) "Prospective drug review" or "drug utilization
4 evaluation" means a review of the screening for potential
5 drug therapy problems due to therapeutic duplication,
6 drug-disease contraindications, drug-drug interactions
7 (including serious interactions with nonprescription or
8 over-the-counter drugs), incorrect drug dosage or duration of
9 drug treatment, drug-allergy interactions, and clinical abuse
10 or misuse.
11 (r) "Patient counseling" means the provision of
12 drug-related information to a patient or a patient's
13 caregiver after acceptance of an offer to counsel. The offer
14 to counsel shall be made by the pharmacist or the
15 pharmacist's designee in a face-to-face communication with
16 the patient or the patient's caregiver, unless, in the
17 professional judgment of the pharmacists it is deemed
18 inappropriate or unnecessary. In such instances, it would be
19 permissible for the offer to counsel to be made in a written
20 communication, by telephone or in a manner determined by the
21 pharmacist to be appropriate.
22 (s) "Patient profiles" or "patient drug therapy record"
23 means the obtaining, recording, and maintenance of patient
24 information.
25 (t) "Pharmaceutical care" includes, but is not limited
26 to, the act of monitoring drug use and other patient care
27 services intended to achieve outcomes that improve the
28 patient's quality of life but shall not include the sale of
29 over-the-counter drugs by a seller of goods and services who
30 does not dispense prescription drugs.
31 (u) "Medical device" means an instrument, apparatus,
32 implement, machine, contrivance, implant, in vitro reagent,
33 or other similar or related article, including any component
34 part or accessory, required under federal law to bear the
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1 label "Caution: Federal law requires dispensing by or on the
2 order of a physician". A seller of goods and services who,
3 only for the purpose of retail sales, compounds, sells,
4 rents, or leases medical devices shall not, by reasons
5 thereof, be required to be a licensed pharmacy.
6 (Source: P.A. 89-202, eff. 7-21-95.)
7 (Text of Section after amendment by P.A. 89-507)
8 Sec. 3. Definitions. For the purpose of this Act, except
9 where otherwise limited therein:
10 (a) "Pharmacy" or "drugstore" means and includes every
11 store, or shop, pharmacy department, or other place where:
12 (l) pharmaceutical care is provided by a pharmacist; or (2)
13 drugs, medicines, or poisons are dispensed, or sold or
14 offered for sale at retail,; or displayed for sale at retail;
15 or (2) (3) where prescriptions of physicians, dentists,
16 veterinarians, or other persons authorized to prescribe drugs
17 within the limits of their licenses are compounded, filled,
18 or dispensed; or (3) (4) which has upon it or displayed
19 within it, or affixed to or used in connection with it, a
20 sign bearing the word or words "Pharmacist", "Druggist",
21 "Pharmacy", "Apothecary", "Drugstore", "Medicine Store",
22 "Prescriptions", "Drugs", "Medicines", or any word or words
23 of similar or like import, either in the English language or
24 any other language; or (4) (5) where the characteristic
25 prescription sign (Rx) or similar design is exhibited; or (5)
26 (6) any store, or shop, or other place with respect to which
27 any of the above words, objects, signs or designs are used in
28 any advertisement.
29 (b) "Drugs" means and includes (l) articles recognized
30 in the official United States Pharmacopoeia/National
31 Formulary (USP/NF), or any supplement thereto and being
32 intended for and having for their main use the diagnosis,
33 cure, mitigation, treatment or prevention of disease in man
34 or other animals, as approved by the United States Food and
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1 Drug Administration, but does not include devices or their
2 components, parts, or accessories; and (2) all other articles
3 intended for and having for their main use the diagnosis,
4 cure, mitigation, treatment or prevention of disease in man
5 or other animals, as approved by the United States Food and
6 Drug Administration, but does not include devices or their
7 components, parts, or accessories; and (3) articles (other
8 than food) having for their main use and intended to affect
9 the structure or any function of the body of man or other
10 animals; and (4) articles having for their main use and
11 intended for use as a component or any articles specified in
12 clause (l), (2) or (3); but does not include devices or their
13 components, parts or accessories.
14 (c) "Medicines" means and includes all drugs intended
15 for human or veterinary use approved by the United States
16 Food and Drug Administration.
17 (d) "Practice of pharmacy" means the provision of
18 pharmaceutical care to patients which may include, but is not
19 limited to, (1) patient counseling, (2) interpretation and
20 assisting in the monitoring of appropriate drug use and
21 prospective drug utilization review, (3) providing
22 information on the therapeutic values, reactions, drug
23 interactions, side effects, uses, selection of medications
24 and medical devices, and outcome of drug therapy, (4)
25 participation in drug selection, drug monitoring, drug
26 utilization review, evaluation, administration,
27 interpretation, and applying pharmacokinetic and laboratory
28 data to design safe and effective drug regimens and drug
29 research (clinical and scientific) when applicable in the
30 pharmacist's professional judgment, and (6) compounding and
31 dispensing of drugs and medical devices.
32 (e) "Prescription" means and includes any written, oral,
33 facsimile, or electronically transmitted order for drugs or
34 medical devices, issued by a physician licensed to practice
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1 medicine in all its branches, dentist, veterinarian, or
2 podiatrist, containing the following: (l) Name of the
3 patient; (2) date when prescription was given; (3) name and
4 strength of drug or description of the medical device
5 prescribed; and (4) quantity, (5) directions for use, (6)
6 prescriber's name, address and signature, and (7) DEA number
7 where required, for controlled substances. DEA numbers shall
8 not be required on inpatient drug orders.
9 (f) "Person" means and includes a natural person,
10 copartnership, association, or corporation.
11 (g) "Department" means the Department of Professional
12 Regulation.
13 (h) "Board of Pharmacy" or "Board" means the State Board
14 of Pharmacy of the Department of Professional Regulation.
15 (i) "Director" means the Director of Professional
16 Regulation.
17 (j) "Drug product selection" means the interchange for a
18 prescribed pharmaceutical product in accordance with Section
19 25 of this Act and Section 3.14 of the Illinois Food, Drug
20 and Cosmetic Act.
21 (k) "Inpatient drug order" means an order issued by an
22 authorized prescriber for a resident or patient of a facility
23 licensed under the Nursing Home Care Act or the Hospital
24 Licensing Act, or "An Act in relation to the founding and
25 operation of the University of Illinois Hospital and the
26 conduct of University of Illinois health care programs",
27 approved July 3, 1931, as amended, or a facility which is
28 operated by the Department of Human Services (as successor to
29 the Department of Mental Health and Developmental
30 Disabilities) or the Department of Corrections.
31 (l) "Pharmacist in charge" means the licensed pharmacist
32 whose name appears on a pharmacy license who is responsible
33 for all aspects of the operation related to the practice of
34 pharmacy.
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1 (m) "Dispense" means the preparation for delivery of
2 drugs and medical devices, in accordance with applicable
3 State and federal laws and regulations, to the patient or the
4 patient's representative authorized to receive these
5 products, including the compounding, packaging, and labeling
6 necessary for delivery. "Dispense" does not mean the physical
7 act of delivery of drugs and medical devices itself, whether
8 by cashier, delivery person, or another individual, and any
9 recommending or advising concerning the contents and
10 therapeutic values and uses thereof.
11 (n) "Mail-order pharmacy" means a pharmacy that is
12 located in a state of the United States, other than Illinois,
13 that delivers, dispenses or distributes, through the United
14 States Postal Service or other common carrier, to Illinois
15 residents, any substance which requires a prescription.
16 (o) "Compounding" means the preparation, mixing,
17 assembling, packaging, or labeling of a drug or medical
18 device: (1) as the result of a practitioner's prescription
19 drug order or initiative that is dispensed pursuant to a
20 prescription in the course of professional practice; or (2)
21 for the purpose of, or incident to, research, teaching, or
22 chemical analysis and not for sale or dispensing a
23 prescriber's order; or (3) the preparation of drugs or
24 medical devices in anticipation of prescription drug orders
25 based on routine, regularly observed prescribing patterns.
26 (p) "Confidential information" means information,
27 maintained by the pharmacist in the patient's records,
28 released only (i) to the patient or, as the patient directs,
29 to other practitioners and other pharmacists or (ii) to any
30 other person or governmental agency authorized by law to
31 receive the information.
32 (q) "Prospective drug review" or "drug utilization
33 evaluation" means a review of the screening for potential
34 drug therapy problems due to therapeutic duplication,
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1 drug-disease contraindications, drug-drug interactions
2 (including serious interactions with nonprescription or
3 over-the-counter drugs), incorrect drug dosage or duration of
4 drug treatment, drug-allergy interactions, and clinical abuse
5 or misuse.
6 (r) "Patient counseling" means the provision of
7 drug-related information to a patient or a patient's
8 caregiver after acceptance of an offer to counsel. The offer
9 to counsel shall be made by the pharmacist or the
10 pharmacist's designee in a face-to-face communication with
11 the patient or the patient's caregiver, unless, in the
12 professional judgment of the pharmacists it is deemed
13 inappropriate or unnecessary. In such instances, it would be
14 permissible for the offer to counsel to be made in a written
15 communication, by telephone or in a manner determined by the
16 pharmacist to be appropriate.
17 (s) "Patient profiles" or "patient drug therapy record"
18 means the obtaining, recording, and maintenance of patient
19 information.
20 (t) "Pharmaceutical care" includes, but is not limited
21 to, the act of monitoring drug use and other patient care
22 services intended to achieve outcomes that improve the
23 patient's quality of life but shall not include the sale of
24 over-the-counter drugs by a seller of goods and services who
25 does not dispense prescription drugs.
26 (u) "Medical device" means an instrument, apparatus,
27 implement, machine, contrivance, implant, in vitro reagent,
28 or other similar or related article, including any component
29 part or accessory, required under federal law to bear the
30 label "Caution: Federal law requires dispensing by or on the
31 order of a physician". A seller of goods and services who,
32 only for the purpose of retail sales, compounds, sells,
33 rents, or leases medical devices shall not, by reasons
34 thereof, be required to be a licensed pharmacy.
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1 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
2 (225 ILCS 85/10) (from Ch. 111, par. 4130)
3 Sec. 10. There is created in the Department the State
4 Board of Pharmacy. It shall consist of 9 members, 7 of whom
5 shall be licensed pharmacists. Each of those 7 members must
6 be a licensed pharmacist in good standing in this State, a
7 graduate of an accredited college of pharmacy or hold a
8 Bachelor of Science degree in Pharmacy and have at least 5
9 years' practical experience in the practice of pharmacy
10 subsequent to the date of his licensure as a licensed
11 pharmacist in the State of Illinois. There shall be 2 public
12 members, who shall be voting members, who shall not be
13 licensed pharmacists in this State or any other state.
14 Each member shall be appointed by the Governor.
15 The terms of Board members serving as of April 1, 1999
16 shall expire on that date. The Governor shall appoint 4
17 persons to serve a term of 3 years and 5 persons to serve a
18 term of 5 years, each term beginning April 1, 1999.
19 Thereafter, members shall be appointed to 5-year 5 year
20 terms. No member shall be eligible to serve for or during
21 more than 2 successive terms. Members serving on the
22 effective date of this Act shall complete their current term
23 and be eligible to serve one additional term.
24 In making the appointment of members on the Board, the
25 Governor shall give due consideration to recommendations by
26 the members of the profession of pharmacy and by
27 pharmaceutical organizations therein. The Governor shall
28 notify the pharmaceutical organizations promptly of any
29 vacancy of members on the Board and in appointing members
30 shall give consideration to individuals engaged in all types
31 and settings of pharmacy practice.
32 The Governor may remove any member of the Board for
33 misconduct, incapacity or neglect of duty and he shall be the
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1 sole judge of the sufficiency of the cause for removal.
2 Every person appointed a member of the Board shall take
3 and subscribe the constitutional oath of office and file it
4 with the Secretary of State. Each member of the Board shall
5 be reimbursed for such actual and legitimate expenses as he
6 may incur in going to and from the place of meeting and
7 remaining thereat during sessions of the Board. In addition,
8 each member of the Board shall receive a per diem payment in
9 an amount determined from time to time by the Director for
10 attendance at meetings of the Board and conducting other
11 official business of the Board.
12 The Board shall hold quarterly meetings and an annual
13 meeting in January of each year and such other meetings at
14 such times and places and upon such notice as the Board may
15 determine and as its business may require. Five members of
16 the Board shall constitute a quorum for the transaction of
17 business. The Director shall appoint a pharmacy coordinator,
18 who shall be someone other than a member of the Board. The
19 pharmacy coordinator shall be a registered pharmacist in good
20 standing in this State, shall be a graduate of an accredited
21 college of pharmacy, or hold at a minimum a Bachelor of
22 Science degree in Pharmacy and shall have at least 5 years'
23 experience in the practice of pharmacy immediately prior to
24 his appointment. The pharmacy coordinator shall be the
25 executive administrator and the chief enforcement officer of
26 the "Pharmacy Practice Act".
27 The Board shall exercise the rights, powers and duties
28 which have been vested in the Board under this Act, and any
29 other duties conferred upon the Board by law.
30 The Director shall, in conformity with the Personnel
31 Code, employ not less than 7 pharmacy investigators and 2
32 pharmacy supervisors. Each pharmacy investigator and each
33 supervisor shall be a registered pharmacist in good standing
34 in this State, and shall be a graduate of an accredited
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1 college of pharmacy and have at least 5 years of experience
2 in the practice of pharmacy. The Department shall also employ
3 one pharmacist who is an attorney. The Department may, in
4 conformity with the Personnel Code, employ such clerical and
5 other employees as are necessary to carry out the duties of
6 the Board.
7 The duly authorized pharmacy investigators of the
8 Department shall have the right to enter and inspect during
9 business hours any pharmacy or any other place in the State
10 of Illinois holding itself out to be a pharmacy where
11 medicines or drugs or drug products or proprietary medicines
12 are sold, offered for sale, exposed for sale, or kept for
13 sale. The pharmacy investigators shall be the only Department
14 investigators authorized to inspect, investigate, and monitor
15 probation compliance of pharmacists and pharmacies.
16 The Board shall render annually to the Director a report
17 of their proceedings during the preceding year, together with
18 such other information and recommendations as the Board deems
19 proper.
20 (Source: P.A. 87-1237; 88-428.)
21 (225 ILCS 85/14) (from Ch. 111, par. 4134)
22 Sec. 14. New location; verified statement. No person
23 shall establish or move to a new location any pharmacy unless
24 the pharmacy is licensed with the Department and has on file
25 with the Department a verified statement that:
26 (1) 1. such pharmacy is or will be engaged in the
27 practice of pharmacy; and
28 (2) 2. such pharmacy will have in stock and shall
29 maintain sufficient drugs and materials as to protect the
30 public within 30 days after the issuance of the
31 registration of the pharmacy.
32 Every pharmacy shall be in a suitable, well-lighted and
33 well-ventilated area with at least 300 square feet of clean
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1 and sanitary contiguous space and shall be suitably equipped
2 for compounding prescriptions, storage of drugs and sale of
3 drugs and to otherwise conduct the practice of pharmacy. The
4 space occupied shall be equipped with a sink with hot and
5 cold water or facilities for heating water, proper sewage
6 outlet, refrigeration storage equipment, and such fixtures,
7 facilities, drugs, equipment and material, which shall
8 include the current editions of the United States
9 Pharmacopoeia/DI, Facts and Comparisons, or any other current
10 compendium approved by the Department, and other such
11 reference works, as will enable a pharmacist to practice
12 pharmacy, including this Act and the rules promulgated under
13 this Act. Such pharmacy shall have the following items: (i)
14 accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm,
15 (ii); and a prescription balance equipped with a balance
16 indicator and with mechanical means of arresting the
17 oscillations of the mechanism and which balance shall be
18 sensitive to 0.5 grain (32 mg) or less, or an alternative
19 weighing device approved by the Department, and (iii) such
20 other measuring devices as may be necessary for the conduct
21 of the practice of pharmacy.
22 The provisions of this Section with regard to 300 square
23 feet of space shall apply to any pharmacy which is opened
24 after the effective date of this Act. Nothing shall require
25 a pharmacy in existence on the effective date of this Act
26 which is comprised of less than 300 square feet to provide
27 additional space to meet these requirements.
28 (Source: P.A. 87-1237; 88-428.)
29 (225 ILCS 85/18) (from Ch. 111, par. 4138)
30 Sec. 18. Record retention. There shall be kept in every
31 drugstore or pharmacy a suitable book, file, or electronic
32 record keeping system in which shall be preserved for a
33 period of not less than 5 years the original of every written
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1 prescription and the original transcript or copy of every
2 verbal prescription filled, compounded, or dispensed, in such
3 pharmacy; and such book or file of prescriptions shall at all
4 reasonable times be open to inspection to the pharmacy
5 coordinator and the duly authorized agents or employees of
6 the Department.
7 Records kept pursuant to this Section may be maintained
8 in an alternative data retention system, such as a direct
9 digital imaging system, provided that:
10 (1) the records maintained in the alternative data
11 retention system contain all of the information required
12 in a manual record;
13 (2) the data processing system is capable of
14 producing a hard copy of the electronic record on the
15 request of the Board, its representative, or other
16 authorized local, State, or federal law enforcement or
17 regulatory agency; and
18 (3) the digital images are recorded and stored by
19 means of a technology that does not allow subsequent
20 revision or replacement of the images.
21 As used in this Section, "digital imaging system" means a
22 system, including people, machines, methods of organization,
23 and procedures, that provides input, storage, processing,
24 communications, output, and control functions for digitized
25 representations of original prescription records.
26 Inpatient drug orders may be maintained within an
27 institution in a manner approved by the Department.
28 (Source: P.A. 85-796.)
29 (225 ILCS 85/22) (from Ch. 111, par. 4142)
30 Sec. 22. Labeling requirements. Except only in the case
31 of a drug, medicine or poison which is lawfully sold or
32 dispensed, at retail, in the original and unbroken package of
33 the manufacturer, packer, or distributor thereof, and which
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1 package bears the original label thereon showing the name and
2 address of the manufacturer, packer, or distributor thereof,
3 and the name of the drug, medicine, or poison therein
4 contained, and the directions for its use, no person shall
5 sell or dispense, at retail, any drug, medicine, or poison,
6 without affixing to the box, bottle, vessel, or package
7 containing the same, a label bearing the name of the article
8 distinctly shown, and the directions for its use, with the
9 name and address of the pharmacy wherein the same is sold or
10 dispensed. However, in the case of a drug, medicine or poison
11 which is sold or dispensed pursuant to a prescription of a
12 licensed physician, licensed dentist, licensed veterinarian,
13 licensed podiatrist authorized by law to prescribe drugs,
14 medicines or poisons, or other licensed medical practitioner,
15 unless the sale or dispensing occurs in a Division II or
16 Division III pharmacy, the label affixed to the box, bottle,
17 vessel, or package containing the same shall show: (a) The
18 name and address of the pharmacy wherein the same is sold or
19 dispensed; (b) The name or initials of the person, authorized
20 to practice pharmacy under the provisions of this Act,
21 selling or dispensing the same, (c) the date on which such
22 prescription was filled; (d) the name of the patient; (e) the
23 serial number of such prescription as filed in the
24 prescription files; (f) the last name of the practitioner
25 who prescribed such prescriptions; (g) the directions for use
26 thereof as contained in such prescription; and (h) the
27 proprietary name or names or the established name or names of
28 the drugs, the dosage and quantity, except as otherwise
29 authorized by regulation of the Department. Any person who
30 sells or dispenses any drug, medicine or poison shall sell or
31 dispense such drug, medicine or poison in good faith. "Good
32 faith", for purposes of this Section, has the meaning
33 ascribed to it in subsection (u) of Section 102 of the
34 "Illinois Controlled Substances Act", approved August 16,
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1 1971, as amended. The Department shall establish rules
2 governing labelling in a Division II and Division III
3 pharmacy.
4 (Source: P.A. 85-796.)
5 (225 ILCS 85/22a new)
6 Sec. 22a. Automated dispensing and storage systems. The
7 Department shall establish rules governing the use of
8 automated dispensing and storage systems.
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.