Illinois General Assembly - Full Text of Public Act 096-0673
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Public Act 096-0673


 

Public Act 0673 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0673
 
HB1293 Enrolled LRB096 09536 ASK 19695 b

    AN ACT concerning professional regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Pharmacy Practice Act is amended by changing
Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as follows:
 
    (225 ILCS 85/3)  (from Ch. 111, par. 4123)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
    (a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist 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
prescriptions of physicians, dentists, advanced practice
nurses, physician assistants, veterinarians, podiatrists, or
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", "Dispensary",
"Medicines", or any word or words of similar or like import,
either in the English language 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.
    (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
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.
    (c) "Medicines" means and includes all drugs intended for
human or veterinary use approved by the United States Food and
Drug Administration.
    (d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5) drug
regimen review; (6) drug or drug-related research; (7) the
provision of patient counseling; (8) the practice of
telepharmacy; (9) the provision of those acts or services
necessary to provide pharmacist care; (10) medication therapy
management; and (11) the responsibility for compounding and
labeling of drugs and devices (except labeling by a
manufacturer, repackager, or distributor of non-prescription
drugs and commercially packaged legend drugs and devices),
proper and safe storage of drugs and devices, and maintenance
of required records. A pharmacist who performs any of the acts
defined as the practice of pharmacy in this State must be
actively licensed as a pharmacist under this Act.
    (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 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 substances. DEA numbers
shall not be required on inpatient drug orders.
    (f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or
any other legal entity.
    (g) "Department" means the Department of Financial and
Professional Regulation.
    (h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
    (i) "Secretary" means the Secretary of Financial and
Professional Regulation.
    (j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
    (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
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.
    (k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
    (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.
    (m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" 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" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
    (n) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,
other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
    (o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
    (p) (Blank).
    (q) (Blank).
    (r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist pharmacy intern under the
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. "Patient counseling" may include without limitation
(1) obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist
intern; and (3) acquiring a patient's allergies and health
conditions.
    (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.
    (t) (Blank).
    (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.
    (v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
    (w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
    (x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
    (y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.
    (z) "Electronic transmission prescription" means any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
    (aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
        (1) known allergies;
        (2) drug or potential therapy contraindications;
        (3) reasonable dose, duration of use, and route of
    administration, taking into consideration factors such as
    age, gender, and contraindications;
        (4) reasonable directions for use;
        (5) potential or actual adverse drug reactions;
        (6) drug-drug interactions;
        (7) drug-food interactions;
        (8) drug-disease contraindications;
        (9) identification of therapeutic duplication;
        (10) patient laboratory values when authorized and
    available;
        (11) proper utilization (including over or under
    utilization) and optimum therapeutic outcomes; and
        (12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
        (1) documenting the services delivered and
    communicating the information provided to patients'
    prescribers within an appropriate time frame, not to exceed
    48 hours;
        (2) providing patient counseling designed to enhance a
    patient's understanding and the appropriate use of his or
    her medications; and
        (3) providing information, support services, and
    resources designed to enhance a patient's adherence with
    his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
        (1) reviewing assessments of the patient's health
    status; and
        (2) following protocols of a hospital pharmacy and
    therapeutics committee with respect to the fulfillment of
    medication orders.
    (bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
    (cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
        (1) transmitted by electronic media;
        (2) maintained in any medium set forth in the
    definition of "electronic media" in the federal Health
    Insurance Portability and Accountability Act; or
        (3) transmitted or maintained in any other form or
    medium.
"Protected health information" does not include individually
identifiable health information found in:
        (1) education records covered by the federal Family
    Educational Right and Privacy Act; or
        (2) employment records held by a licensee in its role
    as an employer.
    (dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
    (ee) "Address of record" means the address recorded by the
Department in the applicant's or licensee's application file or
license file, as maintained by the Department's licensure
maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9. Registration as pharmacy technician. Any person
shall be entitled to registration as a registered pharmacy
technician who is of the age of 16 or over, has not engaged in
conduct or behavior determined to be grounds for discipline
under this Act, is attending or has graduated from an
accredited high school or comparable school or educational
institution or received a GED, and has filed a written
application for registration on a form to be prescribed and
furnished by the Department for that purpose. The Department
shall issue a certificate of registration as a registered
pharmacy technician to any applicant who has qualified as
aforesaid, and such registration shall be the sole authority
required to assist licensed pharmacists in the practice of
pharmacy, under the supervision of a licensed pharmacist. A
registered pharmacy technician may, under the supervision of a
pharmacist, assist in the practice of pharmacy and perform such
functions as assisting in the dispensing process, offering
counseling, receiving new verbal prescription orders, and
having prescriber contact concerning prescription drug order
clarification. A registered pharmacy technician may not engage
in patient counseling, drug regimen review, or clinical
conflict resolution.
    Beginning on January 1, 2010, within 2 years after initial
registration being employed as a registered technician, a
pharmacy technician must become certified by successfully
passing the Pharmacy Technician Certification Board (PTCB)
examination or another Board-approved pharmacy technician
examination and register as a certified pharmacy technician
with the Department in order to continue to perform pharmacy
technician's duties. This requirement does not apply to
pharmacy technicians registered hired prior to January 1, 2008.
    Any person registered as a pharmacy technician who is also
enrolled in a first professional degree program in pharmacy in
a school or college of pharmacy or a department of pharmacy of
a university approved by the Department or has graduated from
such a program within the last 18 months, shall be considered a
"student pharmacist pharmacy intern" and entitled to use the
title "student pharmacist" pharmacy intern". A student
pharmacist pharmacy intern must meet all of the requirements
for registration as a pharmacy technician set forth in this
Section excluding the requirement of certification prior to the
second registration renewal and pay the required pharmacy
technician registration fees. A student pharmacist may, under
the supervision of a pharmacist, assist in the practice of
pharmacy and perform any and all functions delegated to him or
her by the pharmacist.
    Any person seeking licensure as a pharmacist who has
graduated from a pharmacy program outside the United States
must register as a pharmacy technician and shall be considered
a "student pharmacist" and be entitled to use the title
"student pharmacist" while completing the 1,200 clinical hours
of training approved by the Board of Pharmacy described and for
no more than 18 months after completion of these hours. These
individuals are not required to become certified pharmacy
technicians while completing their Board approved clinical
training, but must become licensed as a pharmacist or become a
certified pharmacy technician before the second pharmacy
technician registration renewal following completion of the
Board approved clinical training.
    The Department shall not renew the pharmacy technician
license of any person who has been registered as a "student
pharmacist" and has dropped out of or been expelled from an
ACPE accredited college of pharmacy, who has failed to complete
his or her 1,200 hours of Board approved clinical training
within 24 months or who has failed the pharmacist licensure
examination 3 times and shall require these individuals to meet
the requirements of and become registered a certified pharmacy
technician.
    The Department, upon the recommendation of the Board, may
take any action set forth in Section 30 of this Act with regard
to registrations certificates pursuant to this Section.
    Any person who is enrolled in a non-traditional Pharm.D.
program at an ACPE accredited college of pharmacy and is a
licensed pharmacist under the laws of another United States
jurisdiction shall be permitted to engage in the program of
practice experience required in the academic program by virtue
of such license. Such person shall be exempt from the
requirement of registration as a registered pharmacy
technician while engaged in the program of practice experience
required in the academic program.
    An applicant for registration as a pharmacy technician may
assist a pharmacist in the practice of pharmacy for a period of
up to 60 days prior to the issuance of a certificate of
registration if the applicant has submitted the required fee
and an application for registration to the Department. The
applicant shall keep a copy of the submitted application on the
premises where the applicant is assisting in the practice of
pharmacy. The Department shall forward confirmation of receipt
of the application with start and expiration dates of practice
pending registration.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/9.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 9.5. Certified pharmacy technician.
    (a) An individual registered as a pharmacy technician under
this Act may be registered receive certification as a certified
pharmacy technician, if he or she meets all of the following
requirements:
        (1) He or she has submitted a written application in
    the form and manner prescribed by the Department Board.
        (2) He or she has attained the age of 18.
        (3) He or she is of good moral character, as determined
    by the Department.
        (4) He or she has (i) graduated from pharmacy
    technician training meeting the requirements set forth in
    subsection (a) of Section 17.1 of this Act or (ii) obtained
    documentation from the pharmacist-in-charge of the
    pharmacy where the applicant is employed verifying that he
    or she has successfully completed a training program and
    has successfully completed an objective assessment
    mechanism prepared in accordance with rules established by
    the Department Board.
        (5) He or she has successfully passed an examination
    accredited by the National Organization of Certifying
    Agencies, as approved and required by the Board.
        (6) He or she has paid the required certification fees.
    (b) No pharmacist whose license has been denied, revoked,
suspended, or restricted for disciplinary purposes may be
eligible to be registered as a certified pharmacy technician.
    (c) The Department Board may, by rule, establish any
additional requirements for certification under this Section.
    (d) A person who is not a registered pharmacy technician
and meets the requirements of this Section may register as a
certified pharmacy technician without first registering as a
pharmacy technician.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/16a)  (from Ch. 111, par. 4136a)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 16a. (a) The Department shall establish rules and
regulations, consistent with the provisions of this Act,
governing nonresident pharmacies, including pharmacies
providing services via the Internet, which sell, or offer for
sale, drugs, medicines, or other pharmaceutical services in
this State.
    (b) The Department Board shall require and provide for an
annual nonresident special pharmacy registration for all
pharmacies located outside of this State that dispense
medications for Illinois residents and mail, ship, or deliver
prescription medications into this State. Nonresident special
pharmacy registration shall be granted by the Department Board
upon the disclosure and certification by a pharmacy:
        (1) that it is licensed in the state in which the
    dispensing facility is located and from which the drugs are
    dispensed;
        (2) of the location, names, and titles of all principal
    corporate officers and all pharmacists who are dispensing
    drugs to residents of this State;
        (3) that it complies with all lawful directions and
    requests for information from the board of pharmacy of each
    state in which it is licensed or registered, except that it
    shall respond directly to all communications from the Board
    or Department concerning any emergency circumstances
    arising from the dispensing of drugs to residents of this
    State;
        (4) that it maintains its records of drugs dispensed to
    residents of this State so that the records are readily
    retrievable from the records of other drugs dispensed;
        (5) that it cooperates with the Board or Department in
    providing information to the board of pharmacy of the state
    in which it is licensed concerning matters related to the
    dispensing of drugs to residents of this State; and
        (6) that during its regular hours of operation, but not
    less than 6 days per week, for a minimum of 40 hours per
    week, a toll-free telephone service is provided to
    facilitate communication between patients in this State
    and a pharmacist at the pharmacy who has access to the
    patients' records. The toll-free number must be disclosed
    on the label affixed to each container of drugs dispensed
    to residents of this State.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/25.15)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 25.15. Telepharmacy.
    (a) In this Section, "telepharmacy" means the provision of
pharmacist care by a pharmacist that is accomplished through
the use of telecommunications or other technologies to patients
or their agents who are at a distance and are located within
the United States, and which follows all federal and State
laws, rules, and regulations with regard to privacy and
security.
    (b) Any pharmacy engaged in the practice of telepharmacy
must meet all of the following conditions:
        (1) All events involving the contents of an automated
    pharmacy system must be stored in a secure location and may
    be recorded electronically.
        (2) An automated pharmacy or prescription dispensing
    machine system may be used in conjunction with the
    pharmacy's practice of telepharmacy after inspection and
    approval by the Department.
        (3) The pharmacist in charge shall:
            (A) be responsible for the practice of
        telepharmacy performed at a remote pharmacy, including
        the supervision of any prescription dispensing machine
        or automated medication system;
            (B) ensure that the home pharmacy has sufficient
        pharmacists on duty for the safe operation and
        supervision of all remote pharmacies;
            (C) ensure, through the use of a video and auditory
        communication system, that a certified pharmacy
        technician at the remote pharmacy has accurately and
        correctly prepared any prescription for dispensing
        according to the prescription;
            (D) be responsible for the supervision and
        training of certified pharmacy technicians at remote
        pharmacies who shall be subject to all rules and
        regulations; and
            (E) ensure that patient counseling at the remote
        pharmacy is performed by a pharmacist or student
        pharmacist pharmacist intern.
(Source: P.A. 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/30)  (from Ch. 111, par. 4150)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 30. Refusal, revocation, or suspension.
    (a) The Department may refuse to issue or renew, or may
revoke a license or registration, or may suspend, place on
probation, fine, or take any disciplinary or non-disciplinary
action as the Department may deem proper, including fines not
to exceed $10,000 for each violation, with regard to any
licensee or registrant In accordance with Section 11 of this
Act, the Department may refuse to issue, restore, or renew, or
may revoke, suspend, place on probation, or reprimand as the
Department may deem proper with regard to any license or
certificate of registration or may impose a fine upon a
licensee or registrant not to exceed $10,000 per violation for
any one or combination of the following causes:
        1. Material misstatement in furnishing information to
    the Department.
        2. Violations of this Act, or the rules promulgated
    hereunder.
        3. Making any misrepresentation for the purpose of
    obtaining licenses.
        4. A pattern of conduct which demonstrates
    incompetence or unfitness to practice.
        5. Aiding or assisting another person in violating any
    provision of this Act or rules.
        6. Failing, within 60 days, to respond to a written
    request made by the Department for information.
        7. Engaging in unprofessional, dishonorable, or
    unethical conduct of a character likely to deceive, defraud
    or harm the public.
        8. Discipline by another U.S. jurisdiction or foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    herein.
        9. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association
    any fee, commission, rebate or other form of compensation
    for any professional services not actually or personally
    rendered.
        10. A finding by the Department that the licensee,
    after having his license placed on probationary status has
    violated the terms of probation.
        11. Selling or engaging in the sale of drug samples
    provided at no cost by drug manufacturers.
        12. Physical illness, including but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in the inability to practice the
    profession with reasonable judgment, skill or safety.
        13. A finding that licensure or registration has been
    applied for or obtained by fraudulent means.
        14. The applicant or licensee has been convicted in
    state or federal court of or entered a plea of guilty, nolo
    contendere, or the equivalent in a state or federal court
    to any crime which is a felony or any misdemeanor related
    to the practice of pharmacy or , of which an essential
    element is dishonesty.
        15. Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants or any other chemical agent or drug
    which results in the inability to practice with reasonable
    judgment, skill or safety.
        16. Willfully making or filing false records or reports
    in the practice of pharmacy, including, but not limited to
    false records to support claims against the medical
    assistance program of the Department of Healthcare and
    Family Services (formerly Department of Public Aid) under
    the Public Aid Code.
        17. Gross and willful overcharging for professional
    services including filing false statements for collection
    of fees for which services are not rendered, including, but
    not limited to, filing false statements for collection of
    monies for services not rendered from the medical
    assistance program of the Department of Healthcare and
    Family Services (formerly Department of Public Aid) under
    the Public Aid Code.
        18. Dispensing Repetitiously dispensing prescription
    drugs without receiving a written or oral prescription in
    violation of law.
        19. Upon a finding of a substantial discrepancy in a
    Department audit of a prescription drug, including
    controlled substances, as that term is defined in this Act
    or in the Illinois Controlled Substances Act.
        20. Physical or mental illness or any other impairment
    or disability, including without limitation deterioration
    through the aging process or loss of motor skills that
    results in the inability to practice with reasonable
    judgment, skill or safety, or mental incompetence, as
    declared by a court of competent jurisdiction.
        21. Violation of the Health Care Worker Self-Referral
    Act.
        22. Failing to sell or dispense any drug, medicine, or
    poison in good faith. "Good faith", for the purposes of
    this Section, has the meaning ascribed to it in subsection
    (u) of Section 102 of the Illinois Controlled Substances
    Act. "Good faith", as used in this item (22), shall not be
    limited to the sale or dispensing of controlled substances,
    but shall apply to all prescription drugs.
        23. Interfering with the professional judgment of a
    pharmacist by any registrant under this Act, or his or her
    agents or employees.
        24. Failing to report within 60 days to the Department
    any adverse final action taken against a pharmacist,
    pharmacist technician, or certified pharmacist technician
    by another licensing jurisdiction in any other state or any
    territory of the United States or any foreign jurisdiction,
    any governmental agency, any law enforcement agency, or any
    court for acts or conduct similar to acts or conduct that
    would constitute grounds for discipline as defined in this
    Section.
        25. Failing to comply with a subpoena issued in
    accordance with Section 35.5 of this Act.
        26. Disclosing protected health information in
    violation of any State or federal law.
    (b) The Department may refuse to issue or may suspend the
license or registration of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied.
    (c) The Department shall revoke the license or certificate
of registration issued under the provisions of this Act or any
prior Act of this State of any person who has been convicted a
second time of committing any felony under the Illinois
Controlled Substances Act, or who has been convicted a second
time of committing a Class 1 felony under Sections 8A-3 and
8A-6 of the Illinois Public Aid Code. A person whose license or
certificate of registration issued under the provisions of this
Act or any prior Act of this State is revoked under this
subsection (c) shall be prohibited from engaging in the
practice of pharmacy in this State.
    (d) The Department may adopt rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Fines shall
be paid within 60 days or as otherwise agreed to by the
Department. Any funds collected from such fines shall be
deposited in the Illinois State Pharmacy Disciplinary Fund.
    (e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department
based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court and
upon the Board's recommendation that the licensee be permitted
to resume his or her practice.
    (f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received by
the Department.
    (g) In enforcing this Section, the Board or the Department,
upon a showing of a possible violation, may compel any licensee
or applicant for licensure under this Act to submit to a mental
or physical examination or both, as required by and at the
expense of the Department. The examining physician, or
multidisciplinary team involved in providing physical and
mental examinations led by a physician consisting of one or a
combination of licensed physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff, shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communication between the
licensee or applicant and the examining physician or any member
of the multidisciplinary team. The individual to be examined
may have, at his or her own expense, another physician of his
or her choice present during all aspects of the examination.
Failure of any individual to submit to a mental or physical
examination when directed shall be grounds for suspension of
his or her license until such time as the individual submits to
the examination if the Board finds, after notice and hearing,
that the refusal to submit to the examination was without
reasonable cause. If the Board finds a pharmacist, certified
pharmacy technician, or pharmacy technician unable to practice
because of the reasons set forth in this Section, the Board
shall require such pharmacist, certified pharmacy technician,
or pharmacy technician to submit to care, counseling, or
treatment by physicians or other appropriate health care
providers approved or designated by the Board as a condition
for continued, reinstated, or renewed licensure to practice.
Any pharmacist, certified pharmacy technician, or pharmacy
technician whose license was granted, continued, reinstated,
renewed, disciplined, or supervised, subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions or to complete a required
program of care, counseling, or treatment, as determined by the
chief pharmacy coordinator or a deputy pharmacy coordinator,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Board. In instances in
which the Secretary immediately suspends a license under this
subsection (g), a hearing upon such person's license must be
convened by the Board within 15 days after such suspension and
completed without appreciable delay. The Board shall have the
authority to review the subject pharmacist's, certified
pharmacy technician's, or pharmacy technician's record of
treatment and counseling regarding the impairment.
(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07.)
 
    (225 ILCS 85/35.16)  (from Ch. 111, par. 4155.16)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 35.16. The Secretary Director may temporarily suspend
the license of a pharmacist or pharmacy, or the registration of
a , pharmacy technician or certified pharmacy technician
registration as a distributor, without a hearing,
simultaneously with the institution of proceedings for a
hearing provided for in Section 35.2 of this Act, if the
Secretary Director finds that evidence in his possession
indicates that a continuation in practice would constitute an
imminent danger to the public. In the event that the Secretary
Director suspends, temporarily, this license or registration
certificate without a hearing, a hearing by the Department must
be held within 15 days after such suspension has occurred, and
be concluded without appreciable delay.
(Source: P.A. 95-689, eff. 10-29-07.)

Effective Date: 1/1/2010