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Public Act 102-1051


 

Public Act 1051 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1051
 
HB4430 EnrolledLRB102 22176 SPS 31305 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Clinical Laboratory and Blood Bank
Act is amended by changing Sections 7-101 and 7-102 as
follows:
 
    (210 ILCS 25/7-101)  (from Ch. 111 1/2, par. 627-101)
    Sec. 7-101. Examination of specimens. A clinical
laboratory shall examine specimens only at the request of (i)
a licensed physician, (ii) a licensed dentist, (iii) a
licensed podiatric physician, (iv) a licensed optometrist, (v)
a licensed physician assistant, (v-A) a licensed advanced
practice registered nurse, (vi) an authorized law enforcement
agency or, in the case of blood alcohol, at the request of the
individual for whom the test is to be performed in compliance
with Sections 11-501 and 11-501.1 of the Illinois Vehicle
Code, or (vii) a genetic counselor with the specific authority
from a referral to order a test or tests pursuant to subsection
(b) of Section 20 of the Genetic Counselor Licensing Act, or
(viii) a pharmacist in accordance with Section 43.5 of the
Pharmacy Practice Act. If the request to a laboratory is oral,
the physician or other authorized person shall submit a
written request to the laboratory within 48 hours. If the
laboratory does not receive the written request within that
period, it shall note that fact in its records. For purposes of
this Section, a request made by electronic mail or fax
constitutes a written request.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
    (210 ILCS 25/7-102)  (from Ch. 111 1/2, par. 627-102)
    Sec. 7-102. Reports of test results.
    (a) Clinical laboratory test results may be reported or
transmitted to:
        (1) the licensed physician or other authorized person
    who requested the test, their designee, or both;
        (2) any health care provider who is providing
    treatment to the patient;
        (3) an electronic health information exchange for the
    purposes of transmitting, using, or disclosing clinical
    laboratory test results in any manner required or
    permitted by HIPAA; and .
        (4) a pharmacist in accordance with Section 43.5 of
    the Pharmacy Practice Act.
    (b) No interpretation, diagnosis, or prognosis or
suggested treatment shall appear on the laboratory report
form, except that a report made by a physician licensed to
practice medicine in Illinois, a dentist licensed in Illinois,
or an optometrist licensed in Illinois may include such
information.
    (c) Nothing in this Act prohibits the sharing of
information as authorized in Section 2.1 of the Department of
Public Health Act.
(Source: P.A. 98-185, eff. 1-1-14; 98-1046, eff. 1-1-15.)
 
    Section 10. The Illinois Insurance Code is amended by
adding Section 356z.45 as follows:
 
    (215 ILCS 5/356z.45)
    Sec. 356z.45 356z.43. Coverage for patient care services
provided by a pharmacist. A group or individual policy of
accident and health insurance or a managed care plan that is
amended, delivered, issued, or renewed on or after January 1,
2023 shall provide coverage for health care or patient care
services provided by a pharmacist if:
        (1) the pharmacist meets the requirements and scope of
    practice as set forth in Section 43 or Section 43.5 of the
    Pharmacy Practice Act;
        (2) the health plan provides coverage for the same
    service provided by a licensed physician, an advanced
    practice registered nurse, or a physician assistant;
        (3) the pharmacist is included in the health benefit
    plan's network of participating providers; and
        (4) a reimbursement has been successfully negotiated
    in good faith between the pharmacist and the health plan.
(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
 
    Section 15. The Pharmacy Practice Act is amended by
changing Sections 3 and 9 and by adding Section 43.5 as
follows:
 
    (225 ILCS 85/3)
    (Section scheduled to be repealed on January 1, 2023)
    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
registered nurses, physician assistants, veterinarians,
podiatric physicians, 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 (1) 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 (1), (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:
            (A) in the context of patient education on the
        proper use or delivery of medications;
            (B) vaccination of patients 7 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. Eligible vaccines are those listed on the
        U.S. Centers for Disease Control and Prevention (CDC)
        Recommended Immunization Schedule, the CDC's Health
        Information for International Travel, or the U.S. Food
        and Drug Administration's Vaccines Licensed and
        Authorized for Use in the United States. As applicable
        to the State's Medicaid program and other payers,
        vaccines ordered and administered in accordance with
        this subsection shall be covered and reimbursed at no
        less than the rate that the vaccine is reimbursed when
        ordered and administered by a physician;
            (B-5) following the initial administration of
        long-acting or extended-release form opioid
        antagonists by a physician licensed to practice
        medicine in all its branches, administration of
        injections of long-acting or extended-release form
        opioid antagonists for the treatment of substance use
        disorder, pursuant to a valid prescription by a
        physician licensed to practice medicine in all its
        branches, upon completion of appropriate training,
        including how to address contraindications and adverse
        reactions, including, but not limited to, respiratory
        depression and the performance of cardiopulmonary
        resuscitation, 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;
            (C) administration of injections of
        alpha-hydroxyprogesterone caproate, pursuant to a
        valid prescription, 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; and
            (D) administration of injections of long-term
        antipsychotic medications pursuant to a valid
        prescription by a physician licensed to practice
        medicine in all its branches, upon completion of
        appropriate training conducted by an Accreditation
        Council of Pharmaceutical Education accredited
        provider, 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) (blank);
        (6) drug regimen review;
        (7) drug or drug-related research;
        (8) the provision of patient counseling;
        (9) the practice of telepharmacy;
        (10) the provision of those acts or services necessary
    to provide pharmacist care;
        (11) medication therapy management;
        (12) 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; and
        (13) the assessment and consultation of patients and
    dispensing of hormonal contraceptives; and .
        (14) the initiation, dispensing, or administration of
    drugs, laboratory tests, assessments, referrals, and
    consultations for human immunodeficiency virus
    pre-exposure prophylaxis and human immunodeficiency virus
    post-exposure prophylaxis under Section 43.5.
    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, podiatric
physician, or optometrist, within the limits of his or her
license, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice
registered nurse in accordance with subsection (g) of Section
4, containing the following: (1) 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 registration number where
required, for controlled substances. The prescription may, but
is not required to, list the illness, disease, or condition
for which the drug or device is being prescribed. DEA
registration numbers shall not be required on inpatient drug
orders. A prescription for medication other than controlled
substances shall be valid for up to 15 months from the date
issued for the purpose of refills, unless the prescription
states otherwise.
    (f) "Person" means and includes a natural person,
partnership, 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, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, the Hospital Licensing Act, or the
University of Illinois Hospital Act, 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 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; 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" or "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) "Electronically transmitted prescription" means a
prescription that is created, recorded, or stored by
electronic means; issued and validated with an electronic
signature; and transmitted by electronic means directly from
the prescriber to a pharmacy. An electronic prescription is
not an image of a physical prescription that is transferred by
electronic means from computer to computer, facsimile to
facsimile, or facsimile to computer.
    (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 registered 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 designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's
licensure maintenance unit.
    (ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
    (gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
10-26-21.)
 
    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 9. Licensure as registered pharmacy technician.
    (a) Any person shall be entitled to licensure 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 high school
equivalency certificate, and has filed a written or electronic
application for licensure on a form to be prescribed and
furnished by the Department for that purpose. The Department
shall issue a license as a registered pharmacy technician to
any applicant who has qualified as aforesaid, and such license
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
be delegated to perform any task within the practice of
pharmacy if specifically trained for that task, except for
patient counseling, drug regimen review, or clinical conflict
resolution, or providing patients prophylaxis drugs for human
immunodeficiency virus pre-exposure prophylaxis or
post-exposure prophylaxis.
    (b) Beginning on January 1, 2017, within 2 years after
initial licensure as a registered pharmacy technician, the
licensee must meet the requirements described in Section 9.5
of this Act and become licensed as a registered certified
pharmacy technician. If the licensee has not yet attained the
age of 18, then upon the next renewal as a registered pharmacy
technician, the licensee must meet the requirements described
in Section 9.5 of this Act and become licensed as a registered
certified pharmacy technician. This requirement does not apply
to pharmacy technicians registered prior to January 1, 2008.
    (c) 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" and entitled to use the
title "student pharmacist". A student pharmacist must meet all
of the requirements for licensure as a registered pharmacy
technician set forth in this Section excluding the requirement
of certification prior to the second license renewal and pay
the required registered pharmacy technician license 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.
    (d) 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 registered
certified pharmacy technicians while completing their Board
approved clinical training, but must become licensed as a
pharmacist or become licensed as a registered certified
pharmacy technician before the second pharmacy technician
license renewal following completion of the Board approved
clinical training.
    (e) The Department shall not renew the registered pharmacy
technician license of any person who has been licensed as a
registered pharmacy technician with the designation "student
pharmacist" who: (1) has dropped out of or been expelled from
an ACPE accredited college of pharmacy; (2) has failed to
complete his or her 1,200 hours of Board approved clinical
training within 24 months; or (3) has failed the pharmacist
licensure examination 3 times. The Department shall require
these individuals to meet the requirements of and become
licensed as a registered certified pharmacy technician.
    (f) The Department may take any action set forth in
Section 30 of this Act with regard to a license pursuant to
this Section.
    (g) Any person who is enrolled in a non-traditional
Pharm.D. program at an ACPE accredited college of pharmacy and
is licensed as a registered 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 licensure as a registered
pharmacy technician or registered certified pharmacy
technician while engaged in the program of practice experience
required in the academic program.
    An applicant for licensure as a registered 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
license if the applicant has submitted the required fee and an
application for licensure 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 licensure.
(Source: P.A. 100-497, eff. 9-8-17; 101-621, eff. 1-1-20.)
 
    (225 ILCS 85/43.5 new)
    Sec. 43.5. HIV prophylaxis. In accordance with a standing
order by a physician licensed to practice medicine in all its
branches or the medical director of a county or local health
department, a pharmacist may provide patients with prophylaxis
drugs for human immunodeficiency virus pre-exposure
prophylaxis or post-exposure prophylaxis.
    A pharmacist may provide initial assessment and dispensing
of prophylaxis drugs for human immunodeficiency virus
pre-exposure prophylaxis or post-exposure prophylaxis. If a
patient's HIV test results are reactive, the pharmacist shall
refer the patient to an appropriate health care professional
or clinic. If the patient's HIV test results are nonreactive,
the pharmacist may initiate human immunodeficiency virus
pre-exposure prophylaxis or post-exposure prophylaxis to
eligible patients.
    The standing order must be consistent with the current
version of the guidelines of the Centers for Disease Control
and Prevention, guidelines of the United States Preventive
Services Task Force, or generally recognized evidence-based
clinical guidelines.
    A pharmacist must communicate the services provided under
this Section to the patient and the patient's primary health
care provider or other health care professional or clinic, if
known. If there is no primary health care provider provided by
the patient, then the pharmacist shall give the patient a list
of primary health care providers, other health care
professionals, and clinics in the area.
    The services provided under this Section shall be
appropriately documented and retained in a confidential manner
consistent with State HIV confidentiality requirements.
    The services provided under this Section shall take place
in a private manner.
    A pharmacist shall complete an educational training
program accredited by the Accreditation Council for Pharmacy
Education and approved by the Department that is related to
the initiation, dispensing, or administration of drugs,
laboratory tests, assessments, referrals, and consultations
for human immunodeficiency virus pre-exposure prophylaxis and
human immunodeficiency virus post-exposure prophylaxis.
 
    Section 20. The Illinois Public Aid Code is amended by
changing Section 5-5.12d as follows:
 
    (305 ILCS 5/5-5.12d)
    Sec. 5-5.12d. Coverage for patient care services for
hormonal contraceptives, human immunodeficiency virus
pre-exposure prophylaxis, and human immunodeficiency virus
post-exposure prophylaxis provided by a pharmacist.
    (a) Subject to approval by the federal Centers for
Medicare and Medicaid Services, the medical assistance
program, including both the fee-for-service and managed care
medical assistance programs established under this Article,
shall cover patient care services provided by a pharmacist for
hormonal contraceptives, human immunodeficiency virus
pre-exposure prophylaxis, and human immunodeficiency virus
post-exposure prophylaxis assessment and consultation.
    (b) The Department shall establish a fee schedule for
patient care services provided by a pharmacist under Sections
43 and 43.5 of the Pharmacy Practice Act and shall be covered
and reimbursed at no less than 85% of the rate that the
services are reimbursed when provided by a physician for
hormonal contraceptives assessment and consultation.
    (c) The rate of reimbursement for patient care services
provided by a pharmacist for hormonal contraceptives, human
immunodeficiency virus pre-exposure prophylaxis, and human
immunodeficiency virus post-exposure prophylaxis assessment
and consultation shall be at 85% of the fee schedule for
physician services by the medical assistance program.
    (d) A pharmacist must be enrolled in the medical
assistance program as an ordering and referring provider prior
to providing patient care services for hormonal
contraceptives, human immunodeficiency virus pre-exposure
prophylaxis, and human immunodeficiency virus post-exposure
prophylaxis assessment and consultation that is submitted by a
pharmacy or pharmacist provider for reimbursement pursuant to
this Section.
    (e) The Department shall apply for any necessary federal
waivers or approvals to implement this Section by January 1,
2023 2022.
    (f) This Section does not restrict or prohibit any
services currently provided by pharmacists as authorized by
law, including, but not limited to, pharmacist services
provided under this Code or authorized under the Illinois
Title XIX State Plan.
    (g) The Department shall submit to the Joint Committee on
Administrative Rules administrative rules for this Section as
soon as practicable but no later than 6 months after federal
approval is received.
(Source: P.A. 102-103, eff. 1-1-22.)
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023