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90_SB0603ham002
LRB9003061DPcwam03
1 AMENDMENT TO SENATE BILL 603
2 AMENDMENT NO. . Amend Senate Bill 603 by replacing
3 the title with the following:
4 "AN ACT concerning prescription drugs, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Pharmacy Practice Act of 1987 is amended
9 by changing Sections 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15,
10 17, and 22 and adding Sections 22a and 40 as follows:
11 (225 ILCS 85/3) (from Ch. 111, par. 4123)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 3. For the purpose of this Act, except where
14 otherwise limited therein:
15 (a) "Pharmacy" or "drugstore" means and includes every
16 store, or shop, pharmacy department, or other place where:
17 (l) pharmaceutical care is provided by a pharmacist (1)
18 where; or (2) drugs, medicines, or poisons are dispensed, or
19 sold or offered for sale at retail,; or displayed for sale at
20 retail; or (2) (3) where prescriptions of physicians,
21 dentists, veterinarians, podiatrists, or therapeutically
-2- LRB9003061DPcwam03
1 certified optometrists, or other persons authorized to
2 prescribe drugs within the limits of their licenses, are
3 compounded, filled, or dispensed; or (3) (4) which has upon
4 it or displayed within it, or affixed to or used in
5 connection with it, a sign bearing the word or words
6 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
7 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
8 "Drugs", "Medicines", or any word or words of similar or like
9 import, either in the English language or any other language;
10 or (4) (5) where the characteristic prescription sign (Rx) or
11 similar design is exhibited; or (5) (6) any store, or shop,
12 or other place with respect to which any of the above words,
13 objects, signs or designs are used in any advertisement.
14 (b) "Drugs" means and includes (l) articles recognized
15 in the official United States Pharmacopoeia/National
16 Formulary (USP/NF), or any supplement thereto and being
17 intended for and having for their main use the diagnosis,
18 cure, mitigation, treatment or prevention of disease in man
19 or other animals, as approved by the United States Food and
20 Drug Administration, but does not include devices or their
21 components, parts, or accessories; and (2) all other articles
22 intended for and having for their main use the diagnosis,
23 cure, mitigation, treatment or prevention of disease in man
24 or other animals, as approved by the United States Food and
25 Drug Administration, but does not include devices or their
26 components, parts, or accessories; and (3) articles (other
27 than food) having for their main use and intended to affect
28 the structure or any function of the body of man or other
29 animals; and (4) articles having for their main use and
30 intended for use as a component or any articles specified in
31 clause (l), (2) or (3); but does not include devices or their
32 components, parts or accessories.
33 (c) "Medicines" means and includes all drugs intended
34 for human or veterinary use approved by the United States
-3- LRB9003061DPcwam03
1 Food and Drug Administration.
2 (d) "Practice of pharmacy" means the provision of
3 pharmaceutical care to patients as determined by the
4 pharmacist's professional judgement in the following areas,
5 which may include, but are is not limited to, (1) patient
6 counseling, (2) interpretation and assisting in the
7 monitoring of appropriate drug use and prospective drug
8 utilization review, (3) providing information on the
9 therapeutic values, reactions, drug interactions, side
10 effects, uses, selection of medications and medical devices,
11 and outcome of drug therapy, (4) participation in drug
12 selection, drug monitoring, drug utilization review,
13 evaluation, administration, interpretation, application of
14 and applying pharmacokinetic and laboratory data to design
15 safe and effective drug regimens, (5) and drug research
16 (clinical and scientific) when applicable in the pharmacist's
17 professional judgment, and (6) compounding and dispensing of
18 drugs and medical devices.
19 (e) "Prescription" means and includes any written, oral,
20 facsimile, or electronically transmitted order for drugs or
21 medical devices, issued by a physician licensed to practice
22 medicine in all its branches, dentist, veterinarian, or
23 podiatrist, or therapeutically certified optometrist, within
24 the limits of their licenses, containing the following: (l)
25 name of the patient; (2) date when prescription was issued
26 given; (3) name and strength of drug or description of the
27 medical device prescribed; and (4) quantity, (5) directions
28 for use, (6) prescriber's name, address and signature, and
29 (7) DEA number where required, for controlled substances. DEA
30 numbers shall not be required on inpatient drug orders.
31 (f) "Person" means and includes a natural person,
32 copartnership, association, or corporation, government
33 entity, or any other legal entity.
34 (g) "Department" means the Department of Professional
-4- LRB9003061DPcwam03
1 Regulation.
2 (h) "Board of Pharmacy" or "Board" means the State Board
3 of Pharmacy of the Department of Professional Regulation.
4 (i) "Director" means the Director of Professional
5 Regulation.
6 (j) "Drug product selection" means the interchange for a
7 prescribed pharmaceutical product in accordance with Section
8 25 of this Act and Section 3.14 of the Illinois Food, Drug
9 and Cosmetic Act.
10 (k) "Inpatient drug order" means an order issued by an
11 authorized prescriber for a resident or patient of a facility
12 licensed under the Nursing Home Care Act or the Hospital
13 Licensing Act, or "An Act in relation to the founding and
14 operation of the University of Illinois Hospital and the
15 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 Mental Health and Developmental
18 Disabilities or the Department of Corrections.
19 (k-5) "Pharmacist" means an individual currently
20 licensed by this State to engage in the practice of pharmacy.
21 (l) "Pharmacist in charge" means the licensed pharmacist
22 whose name appears on a pharmacy license who is responsible
23 for all aspects of the operation related to the practice of
24 pharmacy.
25 (m) "Dispense" means the delivery of drugs and medical
26 devices, in accordance with applicable State and federal laws
27 and regulations, to the patient or the patient's
28 representative authorized to receive these products,
29 including the compounding, packaging, and labeling necessary
30 for delivery, and any recommending or advising concerning the
31 contents and therapeutic values and uses thereof. "Dispense"
32 does not mean the physical delivery to a patient or a
33 patient's representative in a home or institution by a
34 designee of a pharmacist or by common carrier. "Dispense"
-5- LRB9003061DPcwam03
1 also does not mean the physical delivery of a drug or medical
2 device to a patient or patient's representative by a
3 pharmacist's designee within a pharmacy or drugstore while
4 the pharmacist is on duty and the pharmacy is open.
5 (n) "Mail-order pharmacy" means a pharmacy that is
6 located in a state of the United States, other than Illinois,
7 that delivers, dispenses or distributes, through the United
8 States Postal Service or other common carrier, to Illinois
9 residents, any substance which requires a prescription.
10 (o) "Compounding" means the preparation, mixing,
11 assembling, packaging, or labeling of a drug or medical
12 device: (1) as the result of a practitioner's prescription
13 drug order or initiative that is dispensed pursuant to a
14 prescription in the course of professional practice; or (2)
15 for the purpose of, or incident to, research, teaching, or
16 chemical analysis and not for sale or dispensing a
17 prescriber's order; or (3) the preparation of drugs or
18 medical devices in anticipation of prescription drug orders
19 based on routine, regularly observed prescribing patterns.
20 (p) "Confidential information" means information,
21 maintained by the pharmacist in the patient's records,
22 released only (i) to the patient or, as the patient directs,
23 to other practitioners and other pharmacists or (ii) to any
24 other person or governmental agency authorized by law to
25 receive the information.
26 (q) "Prospective drug review" or "drug utilization
27 evaluation" means a review of the screening for potential
28 drug therapy problems due to therapeutic duplication,
29 drug-disease contraindications, drug-drug interactions
30 (including serious interactions with nonprescription or
31 over-the-counter drugs), drug-food interactions, incorrect
32 drug dosage or duration of drug treatment, drug-allergy
33 interactions, and clinical abuse or misuse.
34 (r) "Patient counseling" means the communication between
-6- LRB9003061DPcwam03
1 a pharmacist or a student pharmacist under the direct
2 supervision of a pharmacist and a patient or the patient's
3 representative about the patient's medication or device for
4 the purpose of optimizing proper use of prescription
5 medications or devices. The offer to counsel by the
6 pharmacist or the pharmacist's designee, and subsequent
7 patient counseling by the pharmacist or student pharmacist,
8 shall be made in a face-to-face communication with the
9 patient or patient's representative unless, in the
10 professional judgment of the pharmacist, a face-to-face
11 communication is deemed inappropriate or unnecessary. In
12 that instance, the offer to counsel or patient counseling may
13 be made in a written communication, by telephone, or in a
14 manner determined by the pharmacist to be appropriate. offer
15 to counsel shall be made by the pharmacist or the
16 pharmacist's designee in a face-to-face communication with
17 the patient, unless, in the professional judgment of the
18 pharmacists it is deemed inappropriate or unnecessary. In
19 such instances, it would be permissible for the offer to
20 counsel to be made in a written communication, by telephone
21 or in a manner determined by the pharmacist to be
22 appropriate.
23 (s) "Patient profiles" or "patient drug therapy record"
24 means the obtaining, recording, and maintenance of patient
25 prescription and personal information.
26 (t) "Pharmaceutical care" includes, but is not limited
27 to, the act of monitoring drug use and other patient care
28 services intended to achieve outcomes that improve the
29 patient's quality of life but shall not include the sale of
30 over-the-counter drugs by a seller of goods and services who
31 does not dispense prescription drugs.
32 (u) "Medical device" means an instrument, apparatus,
33 implement, machine, contrivance, implant, in vitro reagent,
34 or other similar or related article, including any component
-7- LRB9003061DPcwam03
1 part or accessory, required under federal law to bear the
2 label "Caution: Federal law requires dispensing by or on the
3 order of a physician". A seller of goods and services who,
4 only for the purpose of retail sales, compounds, sells,
5 rents, or leases medical devices shall not, by reasons
6 thereof, be required to be a licensed pharmacy.
7 (Source: P.A. 89-202, eff. 7-21-95.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 3. Definitions. For the purpose of this Act, except
10 where otherwise limited therein:
11 (a) "Pharmacy" or "drugstore" means and includes every
12 store, or shop, pharmacy department, or other place where:
13 (l) pharmaceutical care is provided by a pharmacist (1)
14 where; or (2) drugs, medicines, or poisons are dispensed, or
15 sold or offered for sale at retail,; or displayed for sale at
16 retail; or (2) (3) where prescriptions of physicians,
17 dentists, veterinarians, podiatrists, or therapeutically
18 certified optometrists, or other persons authorized to
19 prescribe drugs within the limits of their licenses, are
20 compounded, filled, or dispensed; or (3) (4) which has upon
21 it or displayed within it, or affixed to or used in
22 connection with it, a sign bearing the word or words
23 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
24 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
25 "Drugs", "Medicines", or any word or words of similar or like
26 import, either in the English language or any other language;
27 or (4) (5) where the characteristic prescription sign (Rx) or
28 similar design is exhibited; or (5) (6) any store, or shop,
29 or other place with respect to which any of the above words,
30 objects, signs or designs are used in any advertisement.
31 (b) "Drugs" means and includes (l) articles recognized
32 in the official United States Pharmacopoeia/National
33 Formulary (USP/NF), or any supplement thereto and being
34 intended for and having for their main use the diagnosis,
-8- LRB9003061DPcwam03
1 cure, mitigation, treatment or prevention of disease in man
2 or other animals, as approved by the United States Food and
3 Drug Administration, but does not include devices or their
4 components, parts, or accessories; and (2) all other articles
5 intended for and having for their main use the diagnosis,
6 cure, mitigation, treatment or prevention of disease in man
7 or other animals, as approved by the United States Food and
8 Drug Administration, but does not include devices or their
9 components, parts, or accessories; and (3) articles (other
10 than food) having for their main use and intended to affect
11 the structure or any function of the body of man or other
12 animals; and (4) articles having for their main use and
13 intended for use as a component or any articles specified in
14 clause (l), (2) or (3); but does not include devices or their
15 components, parts or accessories.
16 (c) "Medicines" means and includes all drugs intended
17 for human or veterinary use approved by the United States
18 Food and Drug Administration.
19 (d) "Practice of pharmacy" means the provision of
20 pharmaceutical care to patients as determined by the
21 pharmacist's professional judgment in the following areas,
22 which may include, but are is not limited to, (1) patient
23 counseling, (2) interpretation and assisting in the
24 monitoring of appropriate drug use and prospective drug
25 utilization review, (3) providing information on the
26 therapeutic values, reactions, drug interactions, side
27 effects, uses, selection of medications and medical devices,
28 and outcome of drug therapy, (4) participation in drug
29 selection, drug monitoring, drug utilization review,
30 evaluation, administration, interpretation, application of
31 and applying pharmacokinetic and laboratory data to design
32 safe and effective drug regimens, (5) and drug research
33 (clinical and scientific) when applicable in the pharmacist's
34 professional judgment, and (6) compounding and dispensing of
-9- LRB9003061DPcwam03
1 drugs and medical devices.
2 (e) "Prescription" means and includes any written, oral,
3 facsimile, or electronically transmitted order for drugs or
4 medical devices, issued by a physician licensed to practice
5 medicine in all its branches, dentist, veterinarian, or
6 podiatrist, or therapeutically certified optometrist, within
7 the limits of their licenses, containing the following: (l)
8 name of the patient; (2) date when prescription was issued
9 given; (3) name and strength of drug or description of the
10 medical device prescribed; and (4) quantity, (5) directions
11 for use, (6) prescriber's name, address and signature, and
12 (7) DEA number where required, for controlled substances. DEA
13 numbers shall not be required on inpatient drug orders.
14 (f) "Person" means and includes a natural person,
15 copartnership, association, or corporation, government
16 entity, or any other legal entity.
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 Human Services (as successor to
-10- LRB9003061DPcwam03
1 the Department of Mental Health and Developmental
2 Disabilities) or the Department of Corrections.
3 (k-5) "Pharmacist" means an individual currently
4 licensed by this State to engage in the practice of pharmacy.
5 (l) "Pharmacist in charge" means the licensed pharmacist
6 whose name appears on a pharmacy license who is responsible
7 for all aspects of the operation related to the practice of
8 pharmacy.
9 (m) "Dispense" means the delivery of drugs and medical
10 devices, in accordance with applicable State and federal laws
11 and regulations, to the patient or the patient's
12 representative authorized to receive these products,
13 including the compounding, packaging, and labeling necessary
14 for delivery, and any recommending or advising concerning the
15 contents and therapeutic values and uses thereof. "Dispense"
16 does not mean the physical delivery to a patient or a
17 patient's representative in a home or institution by a
18 designee of a pharmacist or by common carrier. "Dispense"
19 also does not mean the physical delivery of a drug or medical
20 device to a patient or patient's representative by a
21 pharmacist's designee within a pharmacy or drugstore while
22 the pharmacist is on duty and the pharmacy is open.
23 (n) "Mail-order pharmacy" means a pharmacy that is
24 located in a state of the United States, other than Illinois,
25 that delivers, dispenses or distributes, through the United
26 States Postal Service or other common carrier, to Illinois
27 residents, any substance which requires a prescription.
28 (o) "Compounding" means the preparation, mixing,
29 assembling, packaging, or labeling of a drug or medical
30 device: (1) as the result of a practitioner's prescription
31 drug order or initiative that is dispensed pursuant to a
32 prescription in the course of professional practice; or (2)
33 for the purpose of, or incident to, research, teaching, or
34 chemical analysis and not for sale or dispensing a
-11- LRB9003061DPcwam03
1 prescriber's order; or (3) the preparation of drugs or
2 medical devices in anticipation of prescription drug orders
3 based on routine, regularly observed prescribing patterns.
4 (p) "Confidential information" means information,
5 maintained by the pharmacist in the patient's records,
6 released only (i) to the patient or, as the patient directs,
7 to other practitioners and other pharmacists or (ii) to any
8 other person or governmental agency authorized by law to
9 receive the information.
10 (q) "Prospective drug review" or "drug utilization
11 evaluation" means a review of the screening for potential
12 drug therapy problems due to therapeutic duplication,
13 drug-disease contraindications, drug-drug interactions
14 (including serious interactions with nonprescription or
15 over-the-counter drugs), drug-food interactions, incorrect
16 drug dosage or duration of drug treatment, drug-allergy
17 interactions, and clinical abuse or misuse.
18 (r) "Patient counseling" means the communication between
19 a pharmacist or a student pharmacist under the direct
20 supervision of a pharmacist and a patient or the patient's
21 representative about the patient's medication or device for
22 the purpose of optimizing proper use of prescription
23 medications or devices. The offer to counsel by the
24 pharmacist or the pharmacist's designee, and subsequent
25 patient counseling by the pharmacist or student pharmacist,
26 shall be made in a face-to-face communication with the
27 patient or patient's representative unless, in the
28 professional judgment of the pharmacist, a face-to-face
29 communication is deemed inappropriate or unnecessary. In
30 that instance, the offer to counsel or patient counseling may
31 be made in a written communication, by telephone, or in a
32 manner determined by the pharmacist to be appropriate. offer
33 to counsel shall be made by the pharmacist or the
34 pharmacist's designee in a face-to-face communication with
-12- LRB9003061DPcwam03
1 the patient, unless, in the professional judgment of the
2 pharmacists it is deemed inappropriate or unnecessary. In
3 such instances, it would be permissible for the offer to
4 counsel to be made in a written communication, by telephone
5 or in a manner determined by the pharmacist to be
6 appropriate.
7 (s) "Patient profiles" or "patient drug therapy record"
8 means the obtaining, recording, and maintenance of patient
9 prescription and personal information.
10 (t) "Pharmaceutical care" includes, but is not limited
11 to, the act of monitoring drug use and other patient care
12 services intended to achieve outcomes that improve the
13 patient's quality of life but shall not include the sale of
14 over-the-counter drugs by a seller of goods and services who
15 does not dispense prescription drugs.
16 (u) "Medical device" means an instrument, apparatus,
17 implement, machine, contrivance, implant, in vitro reagent,
18 or other similar or related article, including any component
19 part or accessory, required under federal law to bear the
20 label "Caution: Federal law requires dispensing by or on the
21 order of a physician". A seller of goods and services who,
22 only for the purpose of retail sales, compounds, sells,
23 rents, or leases medical devices shall not, by reasons
24 thereof, be required to be a licensed pharmacy.
25 (Source: P.A. 89-202, eff. 7-21-95; 89-507, eff. 7-1-97.)
26 (225 ILCS 85/4) (from Ch. 111, par. 4124)
27 Sec. 4. Exemptions. Nothing contained in any Section of
28 this Act shall apply to, or in any manner interfere with;
29 (a) the lawful practice of any physician licensed to
30 practice medicine in all of its branches, dentist,
31 podiatrist, veterinarian, or therapeutically or
32 diagnostically certified optometrist or other persons
33 authorized to prescribe drugs within the limits of his or her
-13- LRB9003061DPcwam03
1 license their licenses, or prevent him or her from supplying
2 to his or her bona fide patients such drugs, medicines, or
3 poisons as may seem to him appropriate proper;
4 (b) the sale of compressed gases;
5 (c) the sale of patent or proprietary medicines and
6 household remedies when sold in original and unbroken
7 packages only, if such patent or proprietary medicines and
8 household remedies be properly and adequately labeled as to
9 content and usage and generally considered and accepted as
10 harmless and nonpoisonous when used according to the
11 directions on the label, and also do not contain opium or
12 coca leaves, or any compound, salt or derivative thereof, or
13 any drug which, according to the latest editions of the
14 following authoritative pharmaceutical treatises and
15 standards, namely, The United States Pharmacopoeia/National
16 Formulary (USP/NF), the United States Dispensatory, and the
17 Accepted Dental Remedies of the Council of Dental
18 Therapeutics of the American Dental Association or any or
19 either of them, in use on the effective date of this Act, or
20 according to the existing provisions of the Federal Food,
21 Drug, and Cosmetic Act and Regulations of the Department of
22 Health and Human Services, Food and Drug Administration,
23 promulgated thereunder now in effect, is designated,
24 described or considered as a narcotic, hypnotic, habit
25 forming, dangerous, or poisonous drug;
26 (d) the sale of poultry and livestock remedies in
27 original and unbroken packages only, labeled for poultry and
28 livestock medication; and
29 (e) the sale of poisonous substances or mixture of
30 poisonous substances, in unbroken packages, for nonmedicinal
31 use in the arts or industries or for insecticide purposes;
32 provided, they are properly and adequately labeled as to
33 content and such nonmedicinal usage, in conformity with the
34 provisions of all applicable federal, state and local laws
-14- LRB9003061DPcwam03
1 and regulations promulgated thereunder now in effect relating
2 thereto and governing the same, and those which are required
3 under such applicable laws and regulations to be labeled with
4 the word "Poison", are also labeled with the word "Poison"
5 printed thereon in prominent type and the name of a readily
6 obtainable antidote with directions for its administration.
7 (Source: P.A. 85-796.)
8 (225 ILCS 85/5) (from Ch. 111, par. 4125)
9 Sec. 5. Application of Act.
10 (a) It shall be unlawful for any person to engage in the
11 practice of pharmacy in this State and it shall be unlawful
12 for any employer to allow any person in his or her employ to
13 engage in the practice of pharmacy in this State, unless such
14 person who shall engage in the practice of pharmacy in this
15 State shall be first authorized to do so under the provisions
16 of this Act except that it shall be lawful for any person to
17 engage in and any person shall have the authority to engage
18 in the practice of pharmacy in this State through an agent or
19 employee who shall then be the holder of a valid and
20 unexpired license under the provisions of this Act and who
21 shall then carry on such practice of pharmacy on behalf of
22 his principal or employer to the extent and within the limits
23 of the authority applicable to his license.
24 (b) Nothing contained in this Act shall be construed to
25 invalidate any existing valid and unexpired certificate of
26 registration, nor any existing rights or privileges
27 thereunder, of any registered pharmacist, registered
28 assistant pharmacist, local registered pharmacist, or
29 registered pharmacy apprentice, in force on January 1, 1956
30 and issued under any prior Act of this State also in force on
31 January 1, 1956. Every person holding such a certificate of
32 registration shall have the authority to practice under this
33 Act, but shall be subject to the same limitations and
-15- LRB9003061DPcwam03
1 restrictions as were applicable to him or her in the Act
2 under which his or her certificate of registration was
3 issued. Each such certificate may be renewed as provided in
4 Section 12.
5 (c) It shall be unlawful for any person to take, use or
6 exhibit any word, object, sign or design described in
7 subsection (a) of Section 3 in connection with any drug
8 store, shop or other place or in any other manner to
9 advertise or hold himself out as operating or conducting a
10 drug store unless such drug store, shop, pharmacy department
11 or other place shall be operated and conducted in compliance
12 with the provisions of this Act.
13 (Source: P.A. 85-796.)
14 (225 ILCS 85/7) (from Ch. 111, par. 4127)
15 Sec. 7. Application; examination. Applications for
16 original licenses shall be made to the Department in writing
17 on forms prescribed by the Department and shall be
18 accompanied by the required fee, which shall not be
19 refundable. Any such application shall require such
20 information as in the judgment of the Department will enable
21 the Board and Department to pass on the qualifications of the
22 applicant for a license.
23 The Department shall authorize examinations of applicants
24 as pharmacists not less than 3 times per twice a year at such
25 times and places as it may determine. The examination of
26 applicants shall be of a character to give a fair test of the
27 qualifications of the applicant to practice pharmacy.
28 Applicants for examination as pharmacists shall be
29 required to pay, either to the Department or the designated
30 testing service, a fee covering the cost of providing the
31 examination. Failure to appear for the examination on the
32 scheduled date, at the time and place specified, after the
33 applicant's application for examination has been received and
-16- LRB9003061DPcwam03
1 acknowledged by the Department or the designated testing
2 service, shall result in the forfeiture of the examination
3 fee. The examination shall be developed and provided by the
4 National Association of Boards of Pharmacy.
5 If an applicant neglects, fails or refuses to take an
6 examination or fails to pass an examination for a license
7 under this Act within 3 years after filing his application,
8 the application is denied. However, such applicant may
9 thereafter make a new application accompanied by the required
10 fee and show evidence of meeting the requirements in force at
11 the time of the new application.
12 The Department shall notify applicants taking the
13 examination of their results within 7 weeks of the
14 examination date. Further, the Department shall have the
15 authority to immediately authorize such applicants who
16 successfully pass the examination to engage in the practice
17 of pharmacy.
18 An applicant shall have one year from the date of
19 notification of successful completion of the examination to
20 apply to the Department for a license. If an applicant fails
21 to make such application within one year the applicant shall
22 be required to again take and pass the examination.
23 The Department may employ consultants for the purpose of
24 preparing and conducting examinations.
25 (Source: P.A. 88-428.)
26 (225 ILCS 85/9) (from Ch. 111, par. 4129)
27 Sec. 9. Registration as pharmacy technician. Any person
28 shall be entitled to registration as a registered pharmacy
29 technician who is of the age of 16 or over, who has not
30 engaged in conduct or behavior determined to be grounds for
31 discipline under this Act, is of and temperate habits, is
32 attending or has graduated a graduate from an accredited high
33 school or comparable school or educational institution, and
-17- LRB9003061DPcwam03
1 who has filed a written application for registration
2 therefor, on a form to be prescribed and furnished by the
3 Department for that purpose. The Department shall issue a
4 certificate of registration as a registered pharmacy
5 technician to any applicant who has qualified as aforesaid,
6 and such registration shall be the sole authority required to
7 assist licensed pharmacists in the practice of pharmacy,
8 under the personal supervision of a licensed pharmacist. Any
9 person registered as a pharmacy technician who is also
10 enrolled in a first professional degree program in pharmacy
11 in a school or college of pharmacy or a department of
12 pharmacy of a university approved by the Department shall be
13 considered a "student pharmacist" and entitled to use the
14 title "student pharmacist". The Department, upon the
15 recommendation of the Board, may take any action set forth in
16 Section 30 of this Act with regard to certificates pursuant
17 to this Section.
18 Any person who is enrolled in a non-traditional PharmD
19 program at an ACPE accredited college of pharmacy the
20 University of Illinois at Chicago College of Pharmacy
21 Continuation Curriculum Option leading to the Doctor of
22 Pharmacy degree and is a licensed pharmacist under the laws
23 of another United States jurisdiction shall be permitted to
24 engage in the program of practice experience required in the
25 academic program Continuation Curriculum Option by virtue of
26 such license. Such person shall be exempt from the
27 requirement of registration as a registered pharmacy
28 technician while engaged in the program of practice
29 experience required in the academic program Continuation
30 Curriculum Option.
31 An applicant for registration as a pharmacy technician
32 may assist a registered pharmacist in the practice of
33 pharmacy for a period of up to 60 days prior to the issuance
34 of a certificate of registration if the applicant has
-18- LRB9003061DPcwam03
1 submitted the required fee and an application for
2 registration to the Department. The applicant shall keep a
3 copy of the submitted application on the premises where the
4 applicant is assisting in the practice of pharmacy.
5 (Source: P.A. 86-596; 87-1237.)
6 (225 ILCS 85/10) (from Ch. 111, par. 4130)
7 Sec. 10. State Board of Pharmacy. There is created in the
8 Department the State Board of Pharmacy. It shall consist of 9
9 members, 7 of whom shall be licensed pharmacists. Each of
10 those 7 members must be a licensed pharmacist in good
11 standing in this State, a graduate of an accredited college
12 of pharmacy or hold a Bachelor of Science degree in Pharmacy
13 and have at least 5 years' practical experience in the
14 practice of pharmacy subsequent to the date of his licensure
15 as a licensed pharmacist in the State of Illinois. There
16 shall be 2 public members, who shall be voting members, who
17 shall not be licensed pharmacists in this State or any other
18 state.
19 Each member shall be appointed by the Governor.
20 The terms of all members serving as of March 31, 1999
21 shall expire on that date. The Governor shall appoint 3
22 persons to serve one-year terms, 3 persons to serve 3-year
23 terms, and 3 persons to serve 5-year terms to begin April 1,
24 1999. Otherwise, members shall be appointed to 5 year terms.
25 No member shall be eligible to serve more than 12 consecutive
26 years. No member shall be eligible to serve for or during
27 more than 2 successive terms. Members serving on the
28 effective date of this Act shall complete their current term
29 and be eligible to serve one additional term.
30 In making the appointment of members on the Board, the
31 Governor shall give due consideration to recommendations by
32 the members of the profession of pharmacy and by
33 pharmaceutical organizations therein. The Governor shall
-19- LRB9003061DPcwam03
1 notify the pharmaceutical organizations promptly of any
2 vacancy of members on the Board and in appointing members
3 shall give consideration to individuals engaged in all types
4 and settings of pharmacy practice.
5 The Governor may remove any member of the Board for
6 misconduct, incapacity or neglect of duty and he shall be the
7 sole judge of the sufficiency of the cause for removal.
8 Every person appointed a member of the Board shall take
9 and subscribe the constitutional oath of office and file it
10 with the Secretary of State. Each member of the Board shall
11 be reimbursed for such actual and legitimate expenses as he
12 may incur in going to and from the place of meeting and
13 remaining thereat during sessions of the Board. In addition,
14 each member of the Board shall receive a per diem payment in
15 an amount determined from time to time by the Director for
16 attendance at meetings of the Board and conducting other
17 official business of the Board.
18 The Board shall hold quarterly meetings and an annual
19 meeting in January of each year and such other meetings at
20 such times and places and upon such notice as the Board may
21 determine and as its business may require. Five members of
22 the Board shall constitute a quorum for the transaction of
23 business. The Director shall appoint a pharmacy coordinator,
24 who shall be someone other than a member of the Board. The
25 pharmacy coordinator shall be a registered pharmacist in good
26 standing in this State, shall be a graduate of an accredited
27 college of pharmacy, or hold at a minimum a Bachelor of
28 Science degree in Pharmacy and shall have at least 5 years'
29 experience in the practice of pharmacy immediately prior to
30 his appointment. The pharmacy coordinator shall be the
31 executive administrator and the chief enforcement officer of
32 the "Pharmacy Practice Act".
33 The Board shall exercise the rights, powers and duties
34 which have been vested in the Board under this Act, and any
-20- LRB9003061DPcwam03
1 other duties conferred upon the Board by law.
2 The Director shall, in conformity with the Personnel
3 Code, employ not less than 7 pharmacy investigators and 2
4 pharmacy supervisors. Each pharmacy investigator and each
5 supervisor shall be a registered pharmacist in good standing
6 in this State, and shall be a graduate of an accredited
7 college of pharmacy and have at least 5 years of experience
8 in the practice of pharmacy. The Department shall also employ
9 at least one attorney who is a pharmacist to prosecute
10 violations of this Act and its rules. The Department shall
11 also employ one pharmacist who is an attorney. The Department
12 may, in conformity with the Personnel Code, employ such
13 clerical and other employees as are necessary to carry out
14 the duties of the Board.
15 The duly authorized pharmacy investigators of the
16 Department shall have the right to enter and inspect during
17 business hours any pharmacy or any other place in the State
18 of Illinois holding itself out to be a pharmacy where
19 medicines or drugs or drug products or proprietary medicines
20 are sold, offered for sale, exposed for sale, or kept for
21 sale. The pharmacy investigators shall be the only Department
22 investigators authorized to inspect, investigate, and monitor
23 probation compliance of pharmacists and pharmacies.
24 The Board shall render annually to the Director a report
25 of their proceedings during the preceding year, together with
26 such other information and recommendations as the Board deems
27 proper.
28 (Source: P.A. 87-1237; 88-428.)
29 (225 ILCS 85/11) (from Ch. 111, par. 4131)
30 Sec. 11. Duties of the Department. The Department shall
31 exercise the powers and duties prescribed by the Civil
32 Administrative Code of Illinois for the administration of
33 Licensing Acts and shall exercise such other powers and
-21- LRB9003061DPcwam03
1 duties necessary for effectuating the purpose of this Act.
2 However, the following powers and duties shall be exercised
3 only upon action and report in writing of a majority of the
4 Board of Pharmacy to take such action:
5 (a) Formulate such rules, not inconsistent with law and
6 subject to the Illinois Administrative Procedure Act, as may
7 be necessary to carry out the purposes and enforce the
8 provisions of this Act. The Director may grant variances
9 from any such rules as provided for in this Section;
10 (b) The suspension, revocation, censuring, placing on
11 probationary status, reprimand, and refusing to issue or
12 restore any license or certificate of registration issued
13 under the provisions of this Act for the reasons set forth in
14 Section 30 of this Act.
15 (c) The issuance, renewal, restoration or reissuance of
16 any license or certificate which has been previously refused
17 to be issued or renewed, or has been revoked, suspended or
18 placed on probationary status.
19 The granting of variances from rules promulgated pursuant
20 to this Section in individual cases where there is a finding
21 that:
22 (1) the provision from which the variance is
23 granted is not statutorily mandated;
24 (2) no party will be injured by the granting of the
25 variance; and
26 (3) the rule from which the variance is granted
27 would, in the particular case, be unreasonable or
28 unnecessarily burdensome.
29 The Director shall notify the State Board of Pharmacy of
30 the granting of such variance and the reasons therefor, at
31 the next meeting of the Board.
32 (Source: P.A. 88-428.)
33 (225 ILCS 85/12) (from Ch. 111, par. 4132)
-22- LRB9003061DPcwam03
1 Sec. 12. Expiration of license; renewal. The expiration
2 date and renewal period for each license and certificate of
3 registration issued under this Act shall be set by rule.
4 As a condition for the renewal of a certificate of
5 registration as a registered pharmacist, the registrant shall
6 provide evidence to the Department of completion of a total
7 of 30 hours of pharmacy continuing education during the 2
8 calendar years preceding the expiration date of the
9 certificate. Such continuing education shall be approved by
10 the American Council on Pharmaceutical Education.
11 The Department shall establish by rule a means for the
12 verification of completion of the continuing education
13 required by this Section. This verification may be
14 accomplished through audits of records maintained by
15 registrants, by requiring the filing of continuing education
16 certificates with the Department or a qualified organization
17 selected by the Department to maintain such records or by
18 other means established by the Department.
19 Rules developed under this Section may provide for a
20 reasonable biennial fee, not to exceed $20, to fund the cost
21 of such recordkeeping. The Department shall, by rule, further
22 provide an orderly process for the reinstatement of licenses
23 which have not been renewed due to the failure to meet the
24 continuing education requirements of this Section. The
25 requirements of continuing education may be waived, in whole
26 or in part, in cases of extreme hardship as defined by rule
27 of the Department. Such waivers shall be granted for not more
28 than one of any 3 consecutive renewal periods.
29 Any pharmacist who has permitted his license to expire or
30 who has had his license on inactive status may have his
31 license restored by making application to the Department and
32 filing proof acceptable to the Department of his fitness to
33 have his license restored, and by paying the required
34 restoration fee. The Department shall determine, by an
-23- LRB9003061DPcwam03
1 evaluation program established by rule his fitness for
2 restoration of his license and shall establish procedures and
3 requirements for such restoration. However, any pharmacist
4 who demonstrates that he has continuously maintained active
5 practice in another jurisdiction pursuant to a license in
6 good standing, and who has substantially complied with the
7 continuing education requirements of this Section shall not
8 be subject to further evaluation for purposes of this
9 Section.
10 Any licensee who shall engage in the practice for which
11 his or her license was issued while the license is expired
12 lapsed or on inactive status shall be considered to be
13 practicing without a license which, shall be grounds for
14 discipline under Section 30 of this Act.
15 Any pharmacy operating on an expired a lapsed license is
16 engaged in the unlawful practice of pharmacy and is subject
17 to discipline under Section 30 of this Act. A pharmacy whose
18 license has been expired lapsed for one year or more may not
19 have its license restored but must apply for a new license
20 and meet all requirements for licensure. Any pharmacy whose
21 license has been expired lapsed for less than one year may
22 apply for restoration of its license and shall have its
23 license restored.
24 However, any pharmacist whose license expired while he
25 was (l) in Federal Service on active duty with the Armed
26 Forces of the United States, or the State Militia called into
27 service or training, or (2) in training or education under
28 the supervision of the United States preliminary to induction
29 into the military service, may have his license or
30 certificate restored without paying any lapsed renewal fees,
31 if within 2 years after honorable termination of such
32 service, training or education he furnishes the Department
33 with satisfactory evidence to the effect that he has been so
34 engaged and that his service, training or education has been
-24- LRB9003061DPcwam03
1 so terminated.
2 (Source: P.A. 85-796; 86-1434; 86-1472.)
3 (225 ILCS 85/13) (from Ch. 111, par. 4133)
4 Sec. 13. Inactive status. Any pharmacist who notifies
5 the Department, in writing on forms prescribed by the
6 Department, may elect to place his license on an inactive
7 status and shall be excused from payment of renewal fees and
8 completion of continuing education requirements until he
9 notifies the Department in writing of his intent to restore
10 his license.
11 Any pharmacist requesting restoration from inactive
12 status shall be required to pay the current renewal fee and
13 shall be required to restore his or her license or
14 certificate, as provided by rule of the Department.
15 Any pharmacist whose license is in an inactive status
16 shall not practice in the State of Illinois.
17 Neither a pharmacy license nor a pharmacy technician
18 license may be placed on inactive status.
19 Continued practice on a license which has lapsed or been
20 placed on inactive status shall be considered to be
21 practicing without a license.
22 (Source: P.A. 85-796.)
23 (225 ILCS 85/14) (from Ch. 111, par. 4134)
24 Sec. 14. Structural and equipment requirements. No person
25 shall establish or move to a new location any pharmacy unless
26 the pharmacy is licensed with the Department and has on file
27 with the Department a verified statement that:
28 (1) 1. such pharmacy is or will be engaged in the
29 practice of pharmacy; and
30 (2) 2. such pharmacy will have in stock and shall
31 maintain sufficient drugs and materials as to protect the
32 public within 30 days after the issuance of the
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1 registration of the pharmacy.
2 Division I, II, III, IV, or V pharmacies Every pharmacy
3 shall be in a suitable, well-lighted and well-ventilated area
4 with at least 300 square feet of clean and sanitary
5 contiguous space and shall be suitably equipped for
6 compounding prescriptions, storage of drugs and sale of drugs
7 and to otherwise conduct the practice of pharmacy. The space
8 occupied shall be equipped with a sink with hot and cold
9 water or facilities for heating water, proper sewage outlet,
10 refrigeration storage equipment, and such fixtures,
11 facilities, drugs, equipment and material, which shall
12 include the current editions of the United States
13 Pharmacopoeia/DI, Facts and Comparisons, or any other current
14 compendium approved by the Department, and other such
15 reference works, as will enable a pharmacist to practice
16 pharmacy, including this Act and the rules promulgated under
17 this Act. Such pharmacy shall have the following items:
18 accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and
19 a prescription balance equipped with balance indicator and
20 with mechanical means of arresting the oscillations of the
21 mechanism and which balance shall be sensitive to 0.5 grain
22 (32 mg) or less or an alternative weighing device as approved
23 by the Department, and such other measuring devices as may be
24 necessary for the conduct of the practice of pharmacy.
25 The provisions of this Section with regard to 300 square
26 feet of space shall apply to any pharmacy which is opened
27 after the effective date of this Act. Nothing shall require
28 a pharmacy in existence on the effective date of this Act
29 which is comprised of less than 300 square feet to provide
30 additional space to meet these requirements.
31 (Source: P.A. 87-1237; 88-428.)
32 (225 ILCS 85/15) (from Ch. 111, par. 4135)
33 (Text of Section before amendment by P.A. 89-507)
-26- LRB9003061DPcwam03
1 Sec. 15. It shall be unlawful for the owner of any
2 pharmacy, as drugstore, shop, pharmacy department or other
3 place in this State, defined in this Act as a "pharmacy" or
4 as a "drug store", to operate or conduct the same, or to
5 allow the same to be operated or conducted, unless:
6 (a) It has a licensed pharmacist, authorized to practice
7 pharmacy in this State under the provisions of this Act, on
8 duty whenever the practice of pharmacy is conducted pharmacy
9 within the establishment is open to the public;
10 (b) Security provisions for all drugs and devices, as
11 determined by rule of the Department, are provided during the
12 absence from the licensed pharmacy of all licensed
13 pharmacists. Maintenance of security provisions is the
14 responsibility of the licensed registered pharmacist in
15 charge; and
16 (c) The pharmacy is licensed under this Act to do
17 business.
18 The Department shall, by rule, provide requirements for
19 each division of pharmacy license and shall, as well provide
20 guidelines for the designation of a registered pharmacist in
21 charge for each division.
22 Division I. Retail Licenses for pharmacies which are
23 open to, or offer pharmacy services to, the general public.
24 Division II. Licenses for pharmacies whose primary
25 pharmacy service is provided to patients or residents of
26 facilities licensed under the Nursing Home Care Act or the
27 Hospital Licensing Act, or "An Act in relation to the
28 founding and operation of the University of Illinois Hospital
29 and the conduct of University of Illinois health care
30 programs", approved July 3, 1931, as amended, and which are
31 not located in the facilities they serve.
32 Division III. Licenses for pharmacies which are located
33 in a facility licensed under the Nursing Home Care Act or the
34 Hospital Licensing Act, or "An Act in relation to the
-27- LRB9003061DPcwam03
1 founding and operation of the University of Illinois Hospital
2 and the conduct of University of Illinois health care
3 programs", approved July 3, 1931, as amended, or a facility
4 which is operated by the Department of Mental Health and
5 Developmental Disabilities or the Department of Corrections,
6 and which provide pharmacy services to residents or patients
7 of the facility, as well as employees, prescribers and
8 students of the facility.
9 Division IV. Licenses for pharmacies which provide or
10 offer for sale radioactive materials.
11 Division V. Licenses for pharmacies which hold licenses
12 in Division II or Division III which also provide pharmacy
13 services to the general public, or pharmacies which are
14 located in or whose primary pharmacy service is to ambulatory
15 care facilities or schools of veterinary medicine or other
16 such institution or facility.
17 The Director may waive the requirement for a pharmacist
18 to be on duty at all times for State facilities not treating
19 human ailments.
20 It shall be unlawful for any person, who is not a
21 licensed pharmacy or health care facility, to purport to be
22 such or to use in name, title, or sign designating, or in
23 connection with that place of business, any of the words:
24 "pharmacy", "pharmacist", "pharmacy department",
25 "apothecary", "druggist", "drug", "drugs", "medicines",
26 "medicine store", "drug sundries", "prescriptions filled", or
27 any list of words indicating that drugs are compounded or
28 sold to the lay public, or prescriptions are dispensed
29 therein. Each day during which, or a part which, such
30 representation is made or appears or such a sign is allowed
31 to remain upon or in such a place of business shall
32 constitute a separate offense under this Act.
33 The holder of any license or certificate of registration
34 shall conspicuously display it in the pharmacy in which he is
-28- LRB9003061DPcwam03
1 engaged in the practice of pharmacy. The registered
2 pharmacist in charge shall conspicuously display his name in
3 such pharmacy. The pharmacy license shall also be
4 conspicuously displayed.
5 (Source: P.A. 86-820.)
6 (Text of Section after amendment by P.A. 89-507)
7 Sec. 15. Pharmacy requirements. It shall be unlawful for
8 the owner of any pharmacy, as drugstore, shop, pharmacy
9 department or other place in this State, defined in this Act
10 as a "pharmacy" or as a "drug store", to operate or conduct
11 the same, or to allow the same to be operated or conducted,
12 unless:
13 (a) It has a licensed pharmacist, authorized to practice
14 pharmacy in this State under the provisions of this Act, on
15 duty whenever the practice of pharmacy is conducted pharmacy
16 within the establishment is open to the public;
17 (b) Security provisions for all drugs and devices, as
18 determined by rule of the Department, are provided during the
19 absence from the licensed pharmacy of all licensed
20 pharmacists. Maintenance of security provisions is the
21 responsibility of the licensed registered pharmacist in
22 charge; and
23 (c) The pharmacy is licensed under this Act to do
24 business.
25 The Department shall, by rule, provide requirements for
26 each division of pharmacy license and shall, as well provide
27 guidelines for the designation of a registered pharmacist in
28 charge for each division.
29 Division I. Retail Licenses for pharmacies which are
30 open to, or offer pharmacy services to, the general public.
31 Division II. Licenses for pharmacies whose primary
32 pharmacy service is provided to patients or residents of
33 facilities licensed under the Nursing Home Care Act or the
34 Hospital Licensing Act, or "An Act in relation to the
-29- LRB9003061DPcwam03
1 founding and operation of the University of Illinois Hospital
2 and the conduct of University of Illinois health care
3 programs", approved July 3, 1931, as amended, and which are
4 not located in the facilities they serve.
5 Division III. Licenses for pharmacies which are located
6 in a facility licensed under the Nursing Home Care Act or the
7 Hospital Licensing Act, or "An Act in relation to the
8 founding and operation of the University of Illinois Hospital
9 and the conduct of University of Illinois health care
10 programs", approved July 3, 1931, as amended, or a facility
11 which is operated by the Department of Human Services (as
12 successor to the Department of Mental Health and
13 Developmental Disabilities) or the Department of Corrections,
14 and which provide pharmacy services to residents or patients
15 of the facility, as well as employees, prescribers and
16 students of the facility.
17 Division IV. Licenses for pharmacies which provide or
18 offer for sale radioactive materials.
19 Division V. Licenses for pharmacies which hold licenses
20 in Division II or Division III which also provide pharmacy
21 services to the general public, or pharmacies which are
22 located in or whose primary pharmacy service is to ambulatory
23 care facilities or schools of veterinary medicine or other
24 such institution or facility.
25 The Director may waive the requirement for a pharmacist
26 to be on duty at all times for State facilities not treating
27 human ailments.
28 It shall be unlawful for any person, who is not a
29 licensed pharmacy or health care facility, to purport to be
30 such or to use in name, title, or sign designating, or in
31 connection with that place of business, any of the words:
32 "pharmacy", "pharmacist", "pharmacy department",
33 "apothecary", "druggist", "drug", "drugs", "medicines",
34 "medicine store", "drug sundries", "prescriptions filled", or
-30- LRB9003061DPcwam03
1 any list of words indicating that drugs are compounded or
2 sold to the lay public, or prescriptions are dispensed
3 therein. Each day during which, or a part which, such
4 representation is made or appears or such a sign is allowed
5 to remain upon or in such a place of business shall
6 constitute a separate offense under this Act.
7 The holder of any license or certificate of registration
8 shall conspicuously display it in the pharmacy in which he is
9 engaged in the practice of pharmacy. The registered
10 pharmacist in charge shall conspicuously display his name in
11 such pharmacy. The pharmacy license shall also be
12 conspicuously displayed.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (225 ILCS 85/17) (from Ch. 111, par. 4137)
15 Sec. 17. Disposition of legend drugs on cessation of
16 pharmacy operations.
17 (a) The pharmacist in charge of a pharmacy which has its
18 pharmacy license revoked or otherwise ceases operation shall
19 notify the Department and forward to the Department a copy of
20 the closing inventory of controlled substances and a
21 statement indicating the intended manner of disposition of
22 all legend drugs and prescription files within 10 days of
23 such revocation or cessation of operation.
24 (b) The Department shall approve the intended manner of
25 disposition of all legend drugs prior to disposition of such
26 drugs by the pharmacist in charge.
27 (1) The Department shall notify the pharmacist in
28 charge of approval of the manner of disposition of all
29 legend drugs, or disapproval accompanied by reasons for
30 such disapproval, within 10 days of receipt of the
31 statement from the pharmacist in charge. In the event
32 that the manner of disposition is not approved, the
33 pharmacist in charge shall notify the Department of an
-31- LRB9003061DPcwam03
1 alternative manner of disposition within 10 days of the
2 receipt of disapproval.
3 (2) If disposition of all legend drugs does not
4 occur within 10 days after approval is received from the
5 Department, or if no alternative method of disposition is
6 submitted to the Department within 10 days of the
7 Department's disapproval, the Director shall notify the
8 pharmacist in charge by mail at the address of the
9 closing pharmacy, of the Department's intent to
10 confiscate all legend drugs. The Notice of Intent to
11 Confiscate shall be the final administrative decision of
12 the Department, as that term is defined in the
13 Administrative Review Law, and the confiscation of all
14 prescription drugs shall be effected.
15 (b-5) In the event that the pharmacist in charge has
16 died or is otherwise physically incompetent to perform the
17 duties of this Section, the owner of a pharmacy that has its
18 license revoked or otherwise ceases operation shall be
19 required to fulfill the duties otherwise imposed upon the
20 pharmacist in charge.
21 (c) The pharmacist in charge of a pharmacy which
22 acquires prescription files from a pharmacy which ceases
23 operation shall be responsible for the preservation of such
24 acquired prescriptions for the remainder of the term that
25 such prescriptions are required to be preserved by this Act.
26 (d) Failure to comply with this Section shall be grounds
27 for denying an application or renewal application for a
28 pharmacy license or for disciplinary action against a
29 registration.
30 (e) Compliance with the provisions of the Illinois
31 Controlled Substances Act concerning the disposition of
32 controlled substances shall be deemed compliance with this
33 Section with respect to legend drugs which are controlled
34 substances.
-32- LRB9003061DPcwam03
1 (Source: P.A. 88-428.)
2 (225 ILCS 85/22) (from Ch. 111, par. 4142)
3 Sec. 22. Except only in the case of a drug, medicine or
4 poison which is lawfully sold or dispensed, at retail, in the
5 original and unbroken package of the manufacturer, packer, or
6 distributor thereof, and which package bears the original
7 label thereon showing the name and address of the
8 manufacturer, packer, or distributor thereof, and the name of
9 the drug, medicine, or poison therein contained, and the
10 directions for its use, no person shall sell or dispense, at
11 retail, any drug, medicine, or poison, without affixing to
12 the box, bottle, vessel, or package containing the same, a
13 label bearing the name of the article distinctly shown, and
14 the directions for its use, with the name and address of the
15 pharmacy wherein the same is sold or dispensed. However, in
16 the case of a drug, medicine, or poison which is sold or
17 dispensed pursuant to a prescription of a licensed physician
18 licensed to practice medicine in a11 of its branches,
19 licensed dentist, licensed veterinarian, licensed podiatrist,
20 or therapeutically or diagnostically certified optometrist
21 authorized by law to prescribe drugs or, medicines or
22 poisons, or other licensed medical practitioner the label
23 affixed to the box, bottle, vessel, or package containing the
24 same shall show: (a) The name and address of the pharmacy
25 wherein the same is sold or dispensed; (b) The name or
26 initials of the person, authorized to practice pharmacy under
27 the provisions of this Act, selling or dispensing the same,
28 (c) the date on which such prescription was filled; (d) the
29 name of the patient; (e) the serial number of such
30 prescription as filed in the prescription files; (f) the
31 last name of the practitioner who prescribed such
32 prescriptions; (g) the directions for use thereof as
33 contained in such prescription; and (h) the proprietary name
-33- LRB9003061DPcwam03
1 or names or the established name or names of the drugs, the
2 dosage and quantity, except as otherwise authorized by
3 regulation of the Department. Any person who sells or
4 dispenses any drug, medicine or poison shall sell or dispense
5 such drug, medicine or poison in good faith. "Good faith",
6 for purposes of this Section, has the meaning ascribed to it
7 in subsection (u) of Section 102 of the "Illinois Controlled
8 Substances Act", approved August 16, 1971, as amended. The
9 Department shall establish rules governing labeling in
10 Division II and Division III pharmacies.
11 (Source: P.A. 85-796.)
12 (225 ILCS 85/22a new)
13 Sec. 22a. Automated dispensing and storage systems. The
14 Department shall establish rules governing the use of
15 automated dispensing and storage systems by Division I
16 through V pharmacies.
17 (225 ILCS 85/40 new)
18 Sec. 40. Severability clause. The provisions of this Act
19 are severable under Section 1.31 of the Statute an Statutes.
20 Section 10. The Illinois Controlled Substances Act is
21 amended by changing Section 312 as follows:
22 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
23 Sec. 312. Requirements for dispensing controlled
24 substances.
25 (a) A practitioner, in good faith, may dispense a
26 Schedule II controlled substance, which is a narcotic drug
27 listed in Section 206 of this Act; or which contains any
28 quantity of amphetamine or methamphetamine, their salts,
29 optical isomers or salts of optical isomers; phenmetrazine
30 and its salts; pentazocine; or which is hereafter determined
-34- LRB9003061DPcwam03
1 to be a "designated product," as defined in Section 102 of
2 this Act to any person upon an official prescription form and
3 Schedule III, IV, or V controlled substances to any person
4 upon a written prescription of any prescriber, dated and
5 signed by the person prescribing on the day when issued and
6 bearing the name and address of the patient for whom, or the
7 owner of the animal for which the controlled substance is
8 dispensed, and the full name, address and registry number
9 under the laws of the United States relating to controlled
10 substances of the prescriber, if he is required by those laws
11 to be registered. If the prescription is for an animal it
12 shall state the species of animal for which it is ordered.
13 The practitioner filling the prescription shall write the
14 date of filling and his own signature on the face of the
15 official prescription form. The official prescription form or
16 the written prescription shall be retained on file by the
17 practitioner who filled it or pharmacy in which the
18 prescription was filled for a period of 2 years, so as to be
19 readily accessible for inspection or removal by any officer
20 or employee engaged in the enforcement of this Act. Whenever
21 the practitioner's or pharmacy's copy of any prescription
22 form is removed by an officer or employee engaged in the
23 enforcement of this Act, for the purpose of investigation or
24 as evidence, such officer or employee shall give to the
25 practitioner or pharmacy a receipt in lieu thereof. A
26 prescription form for a Schedule II controlled substance
27 shall not be filled more than 7 2 days after the date of
28 issuance. A written prescription for Schedule III, IV or V
29 controlled substances shall not be filled or refilled more
30 than 6 months after the date thereof or refilled more than 5
31 times unless renewed, in writing, by the prescriber.
32 (b) In lieu of a written prescription required by this
33 Section, a pharmacist, in good faith, may dispense Schedule
34 III, IV, or V substances to any person either upon receiving
-35- LRB9003061DPcwam03
1 a facsimile of a written, signed prescription transmitted by
2 the prescriber or the prescriber's agent or upon a lawful
3 oral prescription of a prescriber which oral prescription
4 shall be reduced promptly to writing by the pharmacist and
5 such written memorandum thereof shall be dated on the day
6 when such oral prescription is received by the pharmacist and
7 shall bear the full name and address of the ultimate user for
8 whom, or of the owner of the animal for which the controlled
9 substance is dispensed, and the full name, address, and
10 registry number under the law of the United States relating
11 to controlled substances of the prescriber prescribing if he
12 is required by those laws to be so registered, and the
13 pharmacist filling such oral prescription shall write the
14 date of filling and his own signature on the face of such
15 written memorandum thereof. The facsimile copy of the
16 prescription or written memorandum of the oral prescription
17 shall be retained on file by the proprietor of the pharmacy
18 in which it is filled for a period of not less than two
19 years, so as to be readily accessible for inspection by any
20 officer or employee engaged in the enforcement of this Act in
21 the same manner as a written prescription. The facsimile
22 copy of the prescription or oral prescription and the written
23 memorandum thereof shall not be filled or refilled more than
24 6 months after the date thereof or be refilled more than 5
25 times, unless renewed, in writing, by the prescriber.
26 (c) A controlled substance included in Schedule V shall
27 not be distributed or dispensed other than for a medical
28 purpose and not for the purpose of evading this Act, and
29 then:
30 (1) only personally by a person registered to
31 dispense a Schedule V controlled substance and then only
32 to his patients, or
33 (2) only personally by a pharmacist, and then only
34 to a person over 21 years of age who has identified
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1 himself to the pharmacist by means of 2 positive
2 documents of identification.
3 (3) the dispenser shall record the name and address
4 of the purchaser, the name and quantity of the product,
5 the date and time of the sale, and the dispenser's
6 signature.
7 (4) no person shall purchase or be dispensed more
8 than 120 milliliters or more than 120 grams of any
9 Schedule V substance which contains codeine,
10 dihydrocodeine, or any salts thereof, or ethylmorphine,
11 or any salts thereof, in any 96 hour period. The
12 purchaser shall sign a form, approved by the Department
13 of Professional Regulation, attesting that he has not
14 purchased any Schedule V controlled substances within the
15 immediately preceding 96 hours.
16 (5) a copy of the records of sale, including all
17 information required by paragraph (3), shall be forwarded
18 to the Department of Professional Regulation at its
19 principal office by the 15th day of the following month.
20 (6) all records of purchases and sales shall be
21 maintained for not less than 2 years.
22 (7) no person shall obtain or attempt to obtain
23 within any consecutive 96 hour period any Schedule V
24 substances of more than 120 milliliters or more than 120
25 grams containing codeine, dihydrocodeine or any of its
26 salts, or ethylmorphine or any of its salts. Any person
27 obtaining any such preparations or combination of
28 preparations in excess of this limitation shall be in
29 unlawful possession of such controlled substance.
30 (8) a person qualified to dispense controlled
31 substances under this Act and registered thereunder shall
32 at no time maintain or keep in stock a quantity of
33 Schedule V controlled substances defined and listed in
34 Section 212 (b) (1), (2) or (3) in excess of 4.5 liters
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1 for each substance; a pharmacy shall at no time maintain
2 or keep in stock a quantity of Schedule V controlled
3 substances as defined in excess of 4.5 liters for each
4 substance, plus the additional quantity of controlled
5 substances necessary to fill the largest number of
6 prescription orders filled by that pharmacy for such
7 controlled substances in any one week in the previous
8 year. These limitations shall not apply to Schedule V
9 controlled substances which Federal law prohibits from
10 being dispensed without a prescription.
11 (9) no person shall distribute or dispense butyl
12 nitrite for inhalation or other introduction into the
13 human body for euphoric or physical effect.
14 (d) Every practitioner shall keep a record of controlled
15 substances received by him and a record of all such
16 controlled substances administered, dispensed or
17 professionally used by him otherwise than by prescription.
18 It shall, however, be sufficient compliance with this
19 paragraph if any practitioner utilizing controlled substances
20 listed in Schedules III, IV and V shall keep a record of all
21 those substances dispensed and distributed by him other than
22 those controlled substances which are administered by the
23 direct application of a controlled substance, whether by
24 injection, inhalation, ingestion, or any other means to the
25 body of a patient or research subject. A practitioner who
26 dispenses, other than by administering, a controlled
27 substance in Schedule II, which is a narcotic drug listed in
28 Section 206 of this Act, or which contains any quantity of
29 amphetamine or methamphetamine, their salts, optical isomers
30 or salts of optical isomers, pentazocine, methaqualone, or
31 which is hereafter determined to be a "designated product" as
32 defined in Section 102 of this Act, shall do so only upon the
33 issuance of an official prescription blank by a prescriber;
34 and every practitioner who so dispenses such designated
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1 products shall comply with the provisions of Sections 310 and
2 311 of this Act.
3 (e) Whenever a manufacturer distributes a controlled
4 substance in a package prepared by him, and whenever a
5 wholesale distributor distributes a controlled substance in a
6 package prepared by him or the manufacturer, he shall
7 securely affix to each package in which that substance is
8 contained a label showing in legible English the name and
9 address of the manufacturer, the distributor and the
10 quantity, kind and form of controlled substance contained
11 therein. No person except a pharmacist and only for the
12 purposes of filling a prescription under this Act, shall
13 alter, deface or remove any label so affixed.
14 (f) Whenever a practitioner dispenses any controlled
15 substance, he shall affix to the container in which such
16 substance is sold or dispensed, a label indicating the date
17 of initial filling, the practitioner's name and address, the
18 serial number of the prescription, the name of the patient,
19 the name of the prescriber, the directions for use and
20 cautionary statements, if any, contained in any prescription
21 or required by law, the proprietary name or names or the
22 established name of the controlled substance, and the dosage
23 and quantity, except as otherwise authorized by regulation by
24 the Department of Professional Regulation. No person shall
25 alter, deface or remove any label so affixed.
26 (g) A person to whom or for whose use any controlled
27 substance has been prescribed or dispensed by a practitioner,
28 or other persons authorized under this Act, and the owner of
29 any animal for which such substance has been prescribed or
30 dispensed by a veterinarian, may lawfully possess such
31 substance only in the container in which it was delivered to
32 him by the person dispensing such substance.
33 (h) The responsibility for the proper prescribing or
34 dispensing of controlled substances is upon the prescriber
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1 and the responsibility for the proper filling of a
2 prescription for controlled substance drugs rests with the
3 pharmacist. An order purporting to be a prescription issued
4 to any individual, which is not in the regular course of
5 professional treatment nor part of an authorized methadone
6 maintenance program, nor in legitimate and authorized
7 research instituted by any accredited hospital, educational
8 institution, charitable foundation, or federal, state or
9 local governmental agency, and which is intended to provide
10 that individual with controlled substances sufficient to
11 maintain that individual's or any other individual's physical
12 or psychological addiction, habitual or customary use,
13 dependence, or diversion of that controlled substance is not
14 a prescription within the meaning and intent of this Act; and
15 the person issuing it, shall be subject to the penalties
16 provided for violations of the law relating to controlled
17 substances.
18 (i) A prescriber shall not preprint or cause to be
19 preprinted a prescription for any controlled substance; nor
20 shall any practitioner issue, fill or cause to be issued or
21 filled, a preprinted prescription for any controlled
22 substance.
23 (j) No person shall manufacture, dispense, deliver,
24 possess with intent to deliver, prescribe, or administer or
25 cause to be administered under his direction any anabolic
26 steroid, for any use in humans other than the treatment of
27 disease in accordance with the order of a physician licensed
28 to practice medicine in all its branches for a valid medical
29 purpose in the course of professional practice. The use of
30 anabolic steroids for the purpose of hormonal manipulation
31 that is intended to increase muscle mass, strength or weight
32 without a medical necessity to do so, or for the intended
33 purpose of improving physical appearance or performance in
34 any form of exercise, sport, or game, is not a valid medical
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1 purpose or in the course of professional practice.
2 (Source: P.A. 89-202, eff. 10-1-95.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.".