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| Public Act 093-1075 |
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AN ACT concerning professional regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Pharmacy Practice Act of 1987 is amended by | ||||
changing Section 3 as follows:
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(225 ILCS 85/3) (from Ch. 111, par. 4123)
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(Section scheduled to be repealed on January 1, 2008)
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Sec. 3. Definitions. For the purpose of this Act, except | ||||
where otherwise
limited therein:
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(a) "Pharmacy" or "drugstore" means and includes every | ||||
store, shop,
pharmacy department, or other place where | ||||
pharmaceutical care is
provided
by a pharmacist (1) where | ||||
drugs, medicines, or poisons are
dispensed, sold or
offered for | ||||
sale at retail, or displayed for sale at retail; or
(2)
where
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prescriptions of physicians, dentists, veterinarians, | ||||
podiatrists, or
therapeutically certified optometrists, within | ||||
the limits of their
licenses, are
compounded, filled, or | ||||
dispensed; or (3) which has upon it or
displayed within
it, or | ||||
affixed to or used in connection with it, a sign bearing the | ||||
word or
words "Pharmacist", "Druggist", "Pharmacy", | ||||
"Pharmaceutical
Care", "Apothecary", "Drugstore",
"Medicine | ||||
Store", "Prescriptions", "Drugs", "Medicines", or any word
or | ||||
words of similar or like import, either in the English language
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or any other language; or (4) where the characteristic | ||||
prescription
sign (Rx) or similar design is exhibited; or (5) | ||||
any store, or
shop,
or other place with respect to which any of | ||||
the above words, objects,
signs or designs are used in any | ||||
advertisement.
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(b) "Drugs" means and includes (l) articles recognized
in | ||||
the official United States Pharmacopoeia/National Formulary | ||||
(USP/NF),
or any supplement thereto and being intended for and | ||||
having for their
main use the diagnosis, cure, mitigation, | ||||
treatment or prevention of
disease in man or other animals, as | ||
approved by the United States Food and
Drug Administration, but | ||
does not include devices or their components, parts,
or | ||
accessories; and (2) all other articles intended
for and having | ||
for their main use the diagnosis, cure, mitigation,
treatment | ||
or prevention of disease in man or other animals, as approved
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by the United States Food and Drug Administration, but does not | ||
include
devices or their components, parts, or accessories; and | ||
(3) articles
(other than food) having for their main use and | ||
intended
to affect the structure or any function of the body of | ||
man or other
animals; and (4) articles having for their main | ||
use and intended
for use as a component or any articles | ||
specified in clause (l), (2)
or (3); but does not include | ||
devices or their components, parts or
accessories.
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(c) "Medicines" means and includes all drugs intended for
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human or veterinary use approved by the United States Food and | ||
Drug
Administration.
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(d) "Practice of pharmacy" means the provision of | ||
pharmaceutical care to
patients as determined by the | ||
pharmacist's professional judgment in the
following areas,
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which may include but are not limited to (1) patient
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counseling, (2)
interpretation and assisting in the monitoring | ||
of appropriate drug use and
prospective drug utilization | ||
review, (3) providing information on the
therapeutic values, | ||
reactions, drug interactions, side effects, uses, selection
of | ||
medications and medical devices, and outcome of drug therapy, | ||
(4)
participation in drug selection, drug monitoring, drug | ||
utilization review,
evaluation, administration, | ||
interpretation, application of
pharmacokinetic and
laboratory | ||
data to design safe and effective drug
regimens, (5) drug | ||
research
(clinical and scientific), and (6) compounding and | ||
dispensing of drugs and medical
devices.
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(e) "Prescription" means and includes any written, oral, | ||
facsimile, or
electronically transmitted order for drugs
or | ||
medical devices, issued by a physician licensed to practice | ||
medicine in
all its branches, dentist, veterinarian, or | ||
podiatrist, or therapeutically
certified
optometrist, within | ||
the
limits of their licenses, by a physician assistant in | ||
accordance with
subsection (f) of Section 4, or by an advanced | ||
practice nurse in
accordance with subsection (g) of Section 4, | ||
containing the
following: (l) name
of the patient; (2) date | ||
when prescription was issued; (3) name
and strength of drug or | ||
description of the medical device prescribed;
and (4) quantity, | ||
(5) directions for use, (6) prescriber's name,
address
and | ||
signature, and (7) DEA number where required, for controlled
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substances.
DEA numbers shall not be required on inpatient drug | ||
orders.
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(f) "Person" means and includes a natural person, | ||
copartnership,
association, corporation, government entity, or | ||
any other legal
entity.
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(g) "Department" means the Department of Professional | ||
Regulation.
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(h) "Board of Pharmacy" or "Board" means the State Board
of | ||
Pharmacy of the Department of Professional Regulation.
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(i) "Director" means the Director of Professional | ||
Regulation.
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(j) "Drug product selection" means the interchange for a
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prescribed pharmaceutical product in accordance with Section | ||
25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||
Cosmetic Act.
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(k) "Inpatient drug order" means an order issued by an | ||
authorized
prescriber for a resident or patient of a facility | ||
licensed under the
Nursing Home Care Act or the Hospital | ||
Licensing Act, or "An Act in relation to
the founding and | ||
operation of the University of Illinois Hospital and the
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conduct of University of Illinois health care programs", | ||
approved July 3, 1931,
as amended, or a facility which is | ||
operated by the Department of Human
Services (as successor to | ||
the Department of Mental Health
and Developmental | ||
Disabilities) or the Department of Corrections.
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(k-5) "Pharmacist" means an individual health care | ||
professional and
provider currently licensed by this State to | ||
engage in the practice of
pharmacy.
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(l) "Pharmacist in charge" means the licensed pharmacist | ||
whose name appears
on a pharmacy license and who is responsible | ||
for all aspects of the
operation related to the practice of | ||
pharmacy.
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(m) "Dispense" means the delivery of drugs and medical | ||
devices, in
accordance with applicable State and federal laws | ||
and regulations, to the
patient or the patient's representative | ||
authorized to receive these products,
including the | ||
preparation, compounding, packaging, and labeling necessary | ||
for delivery, computer entry, and verification of medication | ||
orders and prescriptions, and
any recommending or advising | ||
concerning the contents and therapeutic values and
uses | ||
thereof. "Dispense" does not mean the physical delivery to a | ||
patient or a
patient's representative in a home or institution | ||
by a designee of a pharmacist
or by common carrier. "Dispense" | ||
also does not mean the physical delivery
of a drug or medical | ||
device to a patient or patient's representative by a
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pharmacist's designee within a pharmacy or drugstore while the | ||
pharmacist is
on duty and the pharmacy is open.
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(n) "Mail-order pharmacy" means a pharmacy that is located | ||
in a state
of the United States, other than Illinois, that | ||
delivers, dispenses or
distributes, through the United States | ||
Postal Service or other common
carrier, to Illinois residents, | ||
any substance which requires a prescription.
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(o) "Compounding" means the preparation, mixing, | ||
assembling,
packaging, or labeling of a drug or medical device: | ||
(1) as the result of a
practitioner's prescription drug order | ||
or initiative that is dispensed pursuant
to a prescription in | ||
the course of professional practice; or (2) for the
purpose of, | ||
or incident to, research, teaching, or chemical analysis; or | ||
(3) in anticipation of prescription drug orders
based on | ||
routine, regularly observed prescribing patterns.
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(p) "Confidential information" means information,
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maintained by the
pharmacist in the patient's records, released | ||
only (i) to the patient or,
as the patient directs, to other | ||
practitioners and other pharmacists or (ii)
to any other person | ||
authorized by law to receive the
information.
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(q) "Prospective drug review" or "drug utilization | ||
evaluation" means a
screening for potential drug therapy | ||
problems due to
therapeutic duplication, drug-disease | ||
contraindications, drug-drug
interactions (including serious | ||
interactions with nonprescription or
over-the-counter drugs), | ||
drug-food interactions, incorrect drug dosage
or duration of | ||
drug
treatment, drug-allergy interactions, and clinical abuse | ||
or misuse.
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(r) "Patient counseling" means the communication between a | ||
pharmacist or
a student pharmacist under the direct supervision | ||
of a pharmacist and a
patient or the patient's representative | ||
about the patient's medication or
device for the purpose of | ||
optimizing proper use of prescription medications
or devices. | ||
The offer to counsel by the pharmacist or the pharmacist's
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designee, and subsequent patient counseling by the pharmacist | ||
or student
pharmacist, shall be made in a face-to-face | ||
communication with the patient
or patient's representative | ||
unless, in the professional judgment of the
pharmacist, a | ||
face-to-face communication is deemed inappropriate or
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unnecessary. In that instance, the offer to counsel or patient | ||
counseling may
be made in a written communication, by | ||
telephone, or in a manner determined by
the pharmacist to be | ||
appropriate.
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(s) "Patient profiles" or "patient drug therapy record" | ||
means the
obtaining, recording, and maintenance of patient | ||
prescription
information, including prescriptions for | ||
controlled substances, and
personal information.
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(t) "Pharmaceutical care" includes, but is not limited to, | ||
the act of
monitoring drug use and other patient care services | ||
intended to achieve
outcomes that improve the patient's quality | ||
of life but shall not include
the sale of over-the-counter | ||
drugs by a seller of goods and services who
does not dispense | ||
prescription drugs.
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(u) "Medical device" means an instrument, apparatus, | ||
implement, machine,
contrivance, implant, in vitro reagent, or | ||
other similar or related article,
including any component part | ||
or accessory, required under federal law to
bear the label | ||
"Caution: Federal law requires dispensing by or on the order
of | ||
a physician". A seller of goods and services who, only for the | ||
purpose of
retail sales, compounds, sells, rents, or leases | ||
medical devices shall not,
by reasons thereof, be required to | ||
be a licensed pharmacy.
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(v) "Unique identifier" means an electronic signature, | ||
handwritten
signature or initials, thumb print, or other | ||
acceptable individual biometric
or electronic identification | ||
process as approved by the Department.
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(Source: P.A. 92-880, eff. 1-1-04; 93-571, eff. 8-20-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||