Illinois 100th Regular Session Status: Passed Senate

SB 902 — PHARMACY PRACTICE-VARIOUS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2018 to January 1, 2028. Amends the Pharmacy Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides for the licensure (rather than registration) of registered pharmacy technicians, registered certified pharmacy technicians, and pharmacists, and makes conforming changes. Removes provision allowing each member of the State Board of Pharmacy to receive a per diem payment in an amount determined from time to time by the Secretary of Financial and Professional Regulation for attendance at meetings of the Board and conducting other official business of the Board. Changes references to "Director" to references to "Secretary" or "Department" throughout the Act. Eliminates the position of deputy pharmacy coordinator. Makes changes in provisions concerning definitions, duties of the Department, inactive status, pharmacists in charge, nonresident pharmacy licenses, record retention, automated pharmacy systems, remote prescription processing, and discipline. Makes other changes. Effective immediately.

Bill Text

What changed in the latest version

2299 added · 2258 removed

Plain-language change summary

The amendments to SB 902 made significant changes, particularly affecting the Pharmacy Practice Act. The bill now extends the repeal date of this act from January 1, 2018, to January 1, 2028, ensuring that regulations regarding pharmacy practice remain in effect for another decade. Additionally, it updates the process for licensing pharmacy technicians and requires applicants to provide up-to-date contact information. These changes are important because they aim to improve the regulation and oversight of pharmacy practices, which ultimately affects patient care and safety.

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*LRB10005736SMS15758b* SB0902 100TH GENERAL ASSEMBLY State of Illinois and 2018 SB0902 Introduced 2/7/2017, by Sen.
SB0902 Engrossed LRB100 05736 SMS 15758 b AN ACT concerning regulation.
Dale A.
Righter SYNOPSIS AS INTRODUCED:
See Index Amends the Regulatory Sunset Act.
Extends the repeal date of the Pharmacy Practice Act from January 1, 2018 to January 1, 2028.
Amends the Pharmacy Practice Act.
Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means.
Provides for the licensure (rather than registration) of registered pharmacy technicians, registered certified pharmacy technicians, and pharmacists, and makes conforming changes.
Removes provision allowing each member of the State Board of Pharmacy to receive a per diem payment in an amount determined from time to time by the Secretary of Financial and Professional Regulation for attendance at meetings of the Board and conducting other official business of the Board.
Changes references to "Director" to references to "Secretary" or "Department" throughout the Act.
Eliminates the position of deputy pharmacy coordinator.
Makes changes in provisions concerning definitions, duties of the Department, inactive status, pharmacists in charge, nonresident pharmacy licenses, record retention, automated pharmacy systems, remote prescription processing, and discipline.
Makes other changes.
Effective immediately.
LRB100 05736 SMS 15758 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0902 LRB100 05736 SMS 15758 b AN ACT concerning regulation.
The Regulatory Sunset Act is amended by changing Section 4.28 and by adding Section 4.38 as follows:
The Regulatory Sunset Act is amended by changing Sections 4.28 and 4.30 as follows:
SB0902 - 2 - LRB100 05736 SMS 15758 b (Source:
SB0902 Engrossed - 2 - LRB100 05736 SMS 15758 b (Source:
8-11-09.) (5 ILCS 80/4.38 new) Sec.
8-11-09.) (5 ILCS 80/4.30) Sec.
4.38.
4.30.
Act repealed on January 1, 2028.
Acts repealed on January 1, 2020.
The following Act is repealed on January 1, 2028:
The following Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
Section 10.
The Professional Engineering Practice Act of 1989.
The Pharmacy Practice Act is amended by changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16, 16a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30, 30.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12, 35.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding Sections 3.5, 35.20, and 35.21 as follows:
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source:
P.A.
96-610, eff.
8-24-09;
96-626, eff.
8-24-09;
96-682, eff.
8-25-09;
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96-726, eff.
7-1-10;
96-730, eff.
8-25-09;
96-855, eff.
12-31-09;
96-856, eff.
12-31-09;
96-1000, eff.
7-2-10.) SB0902 Engrossed - 3 - LRB100 05736 SMS 15758 b Section 10.
The Pharmacy Practice Act is amended by changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16, 16a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30, 30.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12, 35.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding Sections 3.5, 4.5, 35.20, and 35.21 as follows:
(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 SB0902 - 3 - LRB100 05736 SMS 15758 b at retail, or displayed for sale at retail;
(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 (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 (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 SB0902 Engrossed - 4 - LRB100 05736 SMS 15758 b similar or like import, either in the English language or any other language;
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 SB0902 - 4 - LRB100 05736 SMS 15758 b 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;
(d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring, evaluation, and implementation of prescription drug orders;
SB0902 Engrossed - 5 - LRB100 05736 SMS 15758 b (d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring, evaluation, and implementation of prescription drug orders;
(5) vaccination of patients ages 10 through 13 limited to the SB0902 - 5 - LRB100 05736 SMS 15758 b Influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine) and Tdap (defined as tetanus, diphtheria, acellular pertussis) vaccines, 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) vaccination of patients ages 10 through 13 limited to the Influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine) and Tdap (defined as tetanus, diphtheria, acellular pertussis) vaccines, 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;
(7) drug or drug-related research;
(7) SB0902 Engrossed - 6 - LRB100 05736 SMS 15758 b drug or drug-related research;
(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 SB0902 - 6 - LRB100 05736 SMS 15758 b physician, 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:
(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 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:
The prescription may, but is not required to, list the illness, disease, or condition for which the drug or device is being prescribed.
The prescription may, but is not required to, list the illness, SB0902 Engrossed - 7 - LRB100 05736 SMS 15758 b disease, or condition for which the drug or device is being prescribed.
(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 SB0902 - 7 - LRB100 05736 SMS 15758 b Cosmetic Act.
(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, 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) "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, 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 SB0902 Engrossed - 8 - LRB100 05736 SMS 15758 b Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or the Department of Corrections.
(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 SB0902 - 8 - LRB100 05736 SMS 15758 b laws and regulations.
(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.
(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.
(n) "Nonresident pharmacy" means a pharmacy that is located in a state, commonwealth, or territory of the United States, SB0902 Engrossed - 9 - LRB100 05736 SMS 15758 b 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.
Commercially available products may be compounded for dispensing to individual patients only if all of the SB0902 - 9 - LRB100 05736 SMS 15758 b following conditions are met:
Commercially available products may be compounded for dispensing to individual patients only if all of the following conditions are met:
(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.
(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 SB0902 Engrossed - 10 - LRB100 05736 SMS 15758 b the patient's medication or device for the purpose of optimizing proper use of prescription medications or devices.
(s) "Patient profiles" or "patient drug therapy record" means the obtaining, recording, and maintenance of patient SB0902 - 10 - LRB100 05736 SMS 15758 b prescription information, including prescriptions for controlled substances, and personal information.
(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.
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.
A seller of goods and services who, only for the purpose of retail sales, compounds, sells, rents, SB0902 Engrossed - 11 - LRB100 05736 SMS 15758 b or leases medical devices shall not, by reasons thereof, be required to be a licensed pharmacy.
(y) "Drug regimen review" means and includes the evaluation of prescription drug orders and patient records for (1) known SB0902 - 11 - LRB100 05736 SMS 15758 b allergies;
(y) "Drug regimen review" means and includes the evaluation of prescription drug orders and patient records for (1) known allergies;
(z) "Electronically transmitted Electronic transmission prescription" means a prescription that is created, recorded, or stored by electronic means;
SB0902 Engrossed - 12 - LRB100 05736 SMS 15758 b (z) "Electronically transmitted Electronic transmission prescription" means a prescription that is created, recorded, or stored by electronic means;
(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 SB0902 - 12 - LRB100 05736 SMS 15758 b 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.
(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.
(3) reasonable dose, duration of use, and route of administration, taking into consideration factors such as age, gender, and contraindications;
SB0902 Engrossed - 13 - LRB100 05736 SMS 15758 b (3) reasonable dose, duration of use, and route of administration, taking into consideration factors such as age, gender, and contraindications;
SB0902 - 13 - LRB100 05736 SMS 15758 b (1) documenting the services delivered and communicating the information provided to patients' prescribers within an appropriate time frame, not to exceed 48 hours;
(1) documenting the services delivered and communicating the information provided to patients' prescribers within an appropriate time frame, not to exceed 48 hours;
"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.
SB0902 Engrossed - 14 - LRB100 05736 SMS 15758 b "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.
(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 SB0902 - 14 - LRB100 05736 SMS 15758 b enhance patient safety.
(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.
"Protected health information" does not include individually identifiable health information found in:
SB0902 Engrossed - 15 - LRB100 05736 SMS 15758 b "Protected health information" does not include individually identifiable health information found in:
SB0902 - 15 - LRB100 05736 SMS 15758 b (ff) "Home pharmacy" means the location of a pharmacy's primary operations.
(ff) "Home pharmacy" means the location of a pharmacy's primary operations.
7-29-15.) (225 ILCS 85/3.5 new) Sec.
7-29-15.) (225 ILCS 85/3.5 new) SB0902 Engrossed - 16 - LRB100 05736 SMS 15758 b Sec.
(225 ILCS 85/4.5 new) Sec.
4.5.
The Collaborative Pharmaceutical Task Force.
In order to protect the public and provide quality pharmaceutical care, the Collaborative Pharmaceutical Task Force is established.
The Task Force shall discuss how to further advance the practice of pharmacy in a manner that recognizes the needs of the healthcare system, patients, pharmacies, pharmacists, and pharmacy technicians.
As a part of its discussions, the Task Force shall consider, at a minimum, the following:
(1) the extent to which providing whistleblower protections for pharmacists and pharmacy technicians reporting violation of worker policies and requiring pharmacies to have at least one pharmacy technician on duty whenever the practice of pharmacy is conducted, to set a SB0902 Engrossed - 17 - LRB100 05736 SMS 15758 b prescription filling limit of not more than 10 prescriptions filled per hour, to mandate at least 10 pharmacy technician hours per 100 prescriptions filled, to place a general prohibition on activities that distract pharmacists, to provide a pharmacist a minimum of 2 15-minute paid rest breaks and one 30-minute meal period in each workday on which the pharmacist works at least 7 hours, to not require a pharmacist to work during a break period, to pay to the pharmacist 3 times the pharmacist's regular hourly rate of pay for each workday during which the required breaks were not provided, to make available at all times a room on the pharmacy's premises with adequate seating and tables for the purpose of allowing a pharmacist to enjoy break periods in a clean and comfortable environment, to keep a complete and accurate record of the break periods of its pharmacists, to limit a pharmacist from working more than 8 hours a workday, and to retain records of any errors in the receiving, filling, or dispensing of prescriptions of any kind could be integrated into the Pharmacy Practice Act;
and (2) the extent to which requiring the Department to adopt rules requiring pharmacy prescription systems contain mechanisms to require prescription discontinuation orders to be forwarded to a pharmacy, to require patient verification features for pharmacy automated prescription refills, and to require that automated prescription SB0902 Engrossed - 18 - LRB100 05736 SMS 15758 b refills notices clearly communicate to patients the medication name, dosage strength, and any other information required by the Department governing the use of automated dispensing and storage systems to ensure that discontinued medications are not dispensed to a patient by a pharmacist or by any automatic refill dispensing systems whether prescribed through electronic prescriptions or paper prescriptions may be integrated into the Pharmacy Practice Act to better protect the public.
In developing standards related to its discussions, the Collaborative Pharmaceutical Task Force shall consider the extent to which Public Act 99-473 (enhancing continuing education requirements for pharmacy technicians) and Public Act 99-863 (enhancing reporting requirements to the Department of pharmacy employee terminations) may be relevant to the issues listed in paragraphs (1) and (2).
The voting members of the Collaborative Pharmaceutical Task Force shall be appointed as follows:
(1) the Speaker of the House of Representatives, or his or her designee, shall appoint:
a representative of a statewide organization exclusively representing retailers, including pharmacies;
and a retired licensed pharmacist who has previously served on the Board of Pharmacy and on the executive committee of a national association representing pharmacists and who shall serve as the chairperson of the Collaborative Pharmaceutical Task SB0902 Engrossed - 19 - LRB100 05736 SMS 15758 b Force;
(2) the President of the Senate, or his or her designee, shall appoint:
a representative of a statewide organization representing pharmacists;
and a representative of a statewide organization representing unionized pharmacy employees;
(3) the Minority Leader of the House of Representatives, or his or her designee, shall appoint:
a representative of a statewide organization representing physicians licensed to practice medicine in all its branches in Illinois;
and a representative of a statewide professional association representing pharmacists, pharmacy technicians, pharmacy students, and others working in or with an interest in hospital and health-system pharmacy;
and (4) the Minority Leader of the Senate, or his or her designee, shall appoint:
a representative of a statewide organization representing hospitals;
and a representative of a statewide association exclusively representing long-term care pharmacists.
The Secretary, or his or her designee, shall appoint the following non-voting members of the Task Force:
a representative of the University of Illinois at Chicago College of Pharmacy;
a clinical pharmacist who has done extensive study in pharmacy e-prescribing and e-discontinuation;
and a representative of the Department.
SB0902 Engrossed - 20 - LRB100 05736 SMS 15758 b The Department shall provide administrative support to the Collaborative Pharmaceutical Task Force.
The Collaborative Pharmaceutical Task Force shall meet at least monthly at the call of the chairperson.
No later than September 1, 2019, the voting members of the Collaborative Pharmaceutical Task Force shall vote on recommendations concerning the standards in paragraphs (1) and (2) of this Section.
No later than November 1, 2019, the Department, in direct consultation with the Collaborative Pharmaceutical Task Force, shall propose rules for adoption that are consistent with the Collaborative Pharmaceutical Task Force's recommendations, or recommend legislation to the General Assembly, concerning the standards in paragraphs (1) and (2) of this Section.
This Section is repealed on November 1, 2020.
(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice pharmacy without SB0902 - 16 - LRB100 05736 SMS 15758 b being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each offense as determined by the Department.
(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice pharmacy without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each offense as determined by the Department.
The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
The civil penalty shall be assessed by the Department after a hearing is held in SB0902 Engrossed - 21 - LRB100 05736 SMS 15758 b accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
SB0902 - 17 - LRB100 05736 SMS 15758 b The Department shall authorize examinations of applicants as pharmacists not less than 3 times per year at such times and places as it may determine.
The Department shall authorize examinations of applicants as pharmacists not less than 3 times per year at such times and places as it may determine.
Applicants for examination as pharmacists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.
SB0902 Engrossed - 22 - LRB100 05736 SMS 15758 b Applicants for examination as pharmacists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination.
Further, the Department shall have the authority to immediately authorize such applicants who successfully pass SB0902 - 18 - LRB100 05736 SMS 15758 b the examination to engage in the practice of pharmacy.
Further, the Department shall have the authority to immediately authorize such applicants who successfully pass the examination to engage in the practice of pharmacy.
If an applicant fails to make such application within one year the applicant shall be required to again take and pass the examination.
If an applicant fails to make such application within one year the applicant shall be SB0902 Engrossed - 23 - LRB100 05736 SMS 15758 b required to again take and pass the examination.
(a) Any person shall be entitled to licensure registration SB0902 - 19 - LRB100 05736 SMS 15758 b 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 registration on a form to be prescribed and furnished by the Department for that purpose.
(a) Any person shall be entitled to licensure 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 high school SB0902 Engrossed - 24 - LRB100 05736 SMS 15758 b equivalency certificate, and has filed a written or electronic application for licensure registration on a form to be prescribed and furnished by the Department for that purpose.
(b) Beginning on January 1, 2017, within 2 years after initial licensure registration as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this Act and become licensed SB0902 - 20 - LRB100 05736 SMS 15758 b register as a registered certified pharmacy technician.
(b) Beginning on January 1, 2017, within 2 years after initial licensure registration as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this Act and become licensed register as a registered certified pharmacy technician.
If the licensee registrant has not yet attained the age of 18, then upon the next renewal as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this Act and become licensed register as a registered certified pharmacy technician.
If the licensee registrant has not yet attained the age of 18, then upon the next renewal as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this Act and become licensed register as a SB0902 Engrossed - 25 - LRB100 05736 SMS 15758 b registered certified pharmacy technician.
(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 SB0902 - 21 - LRB100 05736 SMS 15758 b 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.
(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 registration renewal following completion of the Board approved clinical training.
These individuals are not required to become registered certified SB0902 Engrossed - 26 - LRB100 05736 SMS 15758 b 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 registration renewal following completion of the Board approved clinical training.
(g) Any person who is enrolled in a non-traditional SB0902 - 22 - LRB100 05736 SMS 15758 b Pharm.D.
(g) Any person who is enrolled in a non-traditional Pharm.D.
Such person shall be exempt from the requirement of licensure registration as a registered pharmacy technician or registered certified pharmacy technician while engaged in the program of practice experience required in the academic program.
Such person shall be exempt SB0902 Engrossed - 27 - LRB100 05736 SMS 15758 b from the requirement of licensure registration as a registered pharmacy technician or registered certified pharmacy technician while engaged in the program of practice experience required in the academic program.
(a) An individual licensed registered as a registered SB0902 - 23 - LRB100 05736 SMS 15758 b pharmacy technician under this Act may be licensed registered as a registered certified pharmacy technician, if he or she meets all of the following requirements:
(a) An individual licensed registered as a registered pharmacy technician under this Act may be licensed registered as a registered certified pharmacy technician, if he or she meets all of the following requirements:
(2) He or she has attained the age of 18.
SB0902 Engrossed - 28 - LRB100 05736 SMS 15758 b (2) He or she has attained the age of 18.
(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 unless authorized by order of the Department as a condition of SB0902 - 24 - LRB100 05736 SMS 15758 b restoration from revocation, suspension, or restriction.
(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 unless authorized by order of the Department as a condition of restoration from revocation, suspension, or restriction.
(d) A person who is not a licensed registered pharmacy technician and meets the requirements of this Section may be licensed register as a registered certified pharmacy technician without first being licensed registering as a registered pharmacy technician.
(d) A person who is not a licensed registered pharmacy technician and meets the requirements of this Section may be SB0902 Engrossed - 29 - LRB100 05736 SMS 15758 b licensed register as a registered certified pharmacy technician without first being licensed registering as a registered pharmacy technician.
This verification may be accomplished through audits of records maintained by licensees registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records, or by SB0902 - 25 - LRB100 05736 SMS 15758 b other means established by the Department.
This verification may be accomplished through audits of records maintained by licensees registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records, or by other means established by the Department.
The Department may shall, by rule, further provide an orderly process for the restoration reinstatement of a license registration that has not been renewed due to the failure to meet the continuing pharmacy education requirements of this subsection (e).
The Department may shall, by rule, further provide an orderly process for the restoration reinstatement of SB0902 Engrossed - 30 - LRB100 05736 SMS 15758 b a license registration that has not been renewed due to the failure to meet the continuing pharmacy education requirements of this subsection (e).
There shall be 2 public members, who shall be voting SB0902 - 26 - LRB100 05736 SMS 15758 b members, who shall not be engaged in any way, directly or indirectly, as providers of health care licensed pharmacists in this State or any other state.
There shall be 2 public members, who shall be voting members, who shall not be engaged in any way, directly or indirectly, as providers of health care licensed pharmacists in this State or any other state.
The Governor shall fill any vacancy for the remainder of the unexpired term.
The SB0902 Engrossed - 31 - LRB100 05736 SMS 15758 b Governor shall fill any vacancy for the remainder of the unexpired term.
In addition, each member of the Board may receive a per diem payment in an amount determined SB0902 - 27 - LRB100 05736 SMS 15758 b from time to time by the Director for attendance at meetings of the Board and conducting other official business of the Board.
In addition, each member of the Board may receive a per diem payment in an amount determined from time to time by the Director for attendance at meetings of the Board and conducting other official business of the Board.
A majority of the Board members currently appointed shall constitute a quorum.
A majority of the Board members SB0902 Engrossed - 32 - LRB100 05736 SMS 15758 b currently appointed shall constitute a quorum.
(a) Formulation of Formulate such rules, not inconsistent with law and subject to the Illinois Administrative Procedure SB0902 - 28 - LRB100 05736 SMS 15758 b Act, as may be necessary to carry out the purposes and enforce the provisions of this Act.
(a) Formulation of Formulate such rules, not inconsistent with law and subject to the Illinois Administrative Procedure Act, as may be necessary to carry out the purposes and enforce the provisions of this Act.
(b) The suspension, revocation, placing on probationary status, reprimand, and refusing to issue or restore, or taking any other disciplinary or non-disciplinary action against any license or certificate of registration issued under the provisions of this Act for the reasons set forth in Section 30 of this Act.
(b) The suspension, revocation, placing on probationary status, reprimand, and refusing to issue or restore, or taking SB0902 Engrossed - 33 - LRB100 05736 SMS 15758 b any other disciplinary or non-disciplinary action against any license or certificate of registration issued under the provisions of this Act for the reasons set forth in Section 30 of this Act.
The Secretary Director shall give consideration to the recommendations of notify the State Board of Pharmacy regarding of the granting of such variance and the reasons therefor, at SB0902 - 29 - LRB100 05736 SMS 15758 b the next meeting of the Board.
The Secretary Director shall give consideration to the recommendations of notify the State Board of Pharmacy regarding of the granting of such variance and the reasons therefor, at the next meeting of the Board.
(d) The Secretary shall appoint a chief pharmacy coordinator who and at least 2 deputy pharmacy coordinators, all of whom shall be a licensed pharmacist registered pharmacists in good standing in this State, shall be a graduate graduates of an accredited college of pharmacy or hold, at a minimum, a bachelor of science degree in pharmacy, and shall have at least 5 years of experience in the practice of pharmacy immediately prior to his or her appointment.
(d) The Secretary shall appoint a chief pharmacy coordinator who and at least 2 deputy pharmacy coordinators, all of whom shall be a licensed pharmacist registered pharmacists in good standing in this State, shall be a graduate SB0902 Engrossed - 34 - LRB100 05736 SMS 15758 b graduates of an accredited college of pharmacy or hold, at a minimum, a bachelor of science degree in pharmacy, and shall have at least 5 years of experience in the practice of pharmacy immediately prior to his or her appointment.
Each pharmacy investigator shall be a licensed pharmacist unless employed as a pharmacy investigator on or SB0902 - 30 - LRB100 05736 SMS 15758 b before August 27, 2015 (the effective date of Public Act 99-473) this amendatory Act of the 99th General Assembly.
Each pharmacy investigator shall be a licensed pharmacist unless employed as a pharmacy investigator on or before August 27, 2015 (the effective date of Public Act 99-473) this amendatory Act of the 99th General Assembly.
The Department may, in conformity with the Personnel Code, employ such clerical and other employees as are necessary to carry out the duties of the Board and Department.
The Department may, in conformity with the Personnel Code, employ such clerical and SB0902 Engrossed - 35 - LRB100 05736 SMS 15758 b other employees as are necessary to carry out the duties of the Board and Department.
Such SB0902 - 31 - LRB100 05736 SMS 15758 b continuing education shall be approved by the Accreditation Council on Pharmacy Education.
Such continuing education shall be approved by the Accreditation Council on Pharmacy Education.
This verification may be accomplished through audits of records maintained by licensees registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records or by other means established by the Department.
This verification may be accomplished SB0902 Engrossed - 36 - LRB100 05736 SMS 15758 b through audits of records maintained by licensees registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records or by other means established by the Department.
The Department shall determine, by an SB0902 - 32 - LRB100 05736 SMS 15758 b evaluation program established by rule his fitness for restoration of his license and shall establish procedures and requirements for such restoration.
The Department shall determine, by an evaluation program established by rule his fitness for restoration of his license and shall establish procedures and requirements for such restoration.
However, any pharmacist who demonstrates that he has continuously maintained active practice in another jurisdiction pursuant to a license in good standing, and who has substantially complied with the continuing education requirements of this Section shall not be subject to further evaluation for purposes of this Section.
However, any pharmacist who demonstrates that he has continuously maintained active practice in another jurisdiction pursuant to a license in good SB0902 Engrossed - 37 - LRB100 05736 SMS 15758 b standing, and who has substantially complied with the continuing education requirements of this Section shall not be subject to further evaluation for purposes of this Section.
(h) However, any pharmacist whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into SB0902 - 33 - LRB100 05736 SMS 15758 b the military service, may have his license or certificate restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training or education he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
(h) However, any pharmacist whose license expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license or certificate restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training or education he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his SB0902 Engrossed - 38 - LRB100 05736 SMS 15758 b service, training or education has been so terminated.
(c) Any pharmacist, registered certified pharmacy SB0902 - 34 - LRB100 05736 SMS 15758 b technician, or registered pharmacy pharmacist technician whose license is in inactive status shall not practice in the State of Illinois.
(c) Any pharmacist, registered certified pharmacy technician, or registered pharmacy pharmacist technician whose license is in inactive status shall not practice in the State of Illinois.
(e) Continued practice on a license which has lapsed or been placed on inactive status shall be considered to be practicing without a license.
SB0902 Engrossed - 39 - LRB100 05736 SMS 15758 b (e) Continued practice on a license which has lapsed or been placed on inactive status shall be considered to be practicing without a license.
and (c) The pharmacy is licensed under this Act to conduct SB0902 - 35 - LRB100 05736 SMS 15758 b the practice of pharmacy in any and all forms from the physical address of the pharmacy's primary inventory where U.S.
and (c) The pharmacy is licensed under this Act to conduct the practice of pharmacy in any and all forms from the physical address of the pharmacy's primary inventory where U.S.
If a facility, company, or organization operates multiple pharmacies from multiple physical addresses, a separate pharmacy license is required for each different physical address.
If a facility, company, or organization operates multiple pharmacies from multiple physical addresses, a separate pharmacy license is SB0902 Engrossed - 40 - LRB100 05736 SMS 15758 b required for each different physical address.
"pharmacy", "pharmacist", "pharmacy department", "apothecary", "druggist", "drug", "drugs", "medicines", "medicine store", "drug sundries", "prescriptions filled", or any list of words indicating that drugs are compounded or sold to the lay public, SB0902 - 36 - LRB100 05736 SMS 15758 b or prescriptions are dispensed therein.
"pharmacy", "pharmacist", "pharmacy department", "apothecary", "druggist", "drug", "drugs", "medicines", "medicine store", "drug sundries", "prescriptions filled", or any list of words indicating that drugs are compounded or sold to the lay public, or prescriptions are dispensed therein.
(5) The holder of any license or certificate of registration shall conspicuously display it in the pharmacy in which he is engaged in the practice of pharmacy.
(5) The holder of any license or certificate of SB0902 Engrossed - 41 - LRB100 05736 SMS 15758 b registration shall conspicuously display it in the pharmacy in which he is engaged in the practice of pharmacy.
In the event the designated pharmacist in charge dies or otherwise ceases to function in that capacity, or when the license of the pharmacist in charge has been suspended or revoked, the owner of the pharmacy shall be required to notify the Department, on forms provided by the Department, of the SB0902 - 37 - LRB100 05736 SMS 15758 b identity of the new pharmacist in charge.
In the event the designated pharmacist in charge dies or otherwise ceases to function in that capacity, or when the license of the pharmacist in charge has been suspended or revoked, the owner of the pharmacy shall be required to notify the Department, on forms provided by the Department, of the identity of the new pharmacist in charge.
It is the duty of every owner of a pharmacy licensed under this Act to report to the Department within 30 days of the date on which the pharmacist in charge died or ceased to function in that capacity and to specify a new pharmacist in charge.
It is the duty of every owner of a pharmacy licensed SB0902 Engrossed - 42 - LRB100 05736 SMS 15758 b under this Act to report to the Department within 30 days of the date on which the pharmacist in charge died or ceased to function in that capacity and to specify a new pharmacist in charge.
(b) The Department shall require and provide for a an annual nonresident special pharmacy license registration for SB0902 - 38 - LRB100 05736 SMS 15758 b all pharmacies located outside of this State that dispense medications for Illinois residents and mail, ship, or deliver prescription medications into this State.
(b) The Department shall require and provide for a an annual nonresident special pharmacy license 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.
A nonresident Nonresident special pharmacy license registration shall be granted by the Department upon the disclosure and certification by a pharmacy:
A nonresident Nonresident special pharmacy license registration shall be granted by the Department upon the disclosure and certification SB0902 Engrossed - 43 - LRB100 05736 SMS 15758 b by a pharmacy:
and (6) that during its regular hours of operation, but not SB0902 - 39 - LRB100 05736 SMS 15758 b 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 nonresident pharmacy who has access to the patients' records.
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 nonresident 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.
The toll-free number must be SB0902 Engrossed - 44 - LRB100 05736 SMS 15758 b disclosed on the label affixed to each container of drugs dispensed to residents of this State.
(1) The Department shall notify the pharmacist in charge of approval of the manner of disposition of all legend drugs, or disapproval accompanied by reasons for SB0902 - 40 - LRB100 05736 SMS 15758 b such disapproval, within 30 days of receipt of the statement from the pharmacist in charge.
(1) The Department shall notify the pharmacist in charge of approval of the manner of disposition of all legend drugs, or disapproval accompanied by reasons for such disapproval, within 30 days of receipt of the statement from the pharmacist in charge.
In the event that the manner of disposition is not approved, the pharmacist in charge shall notify the Department of an alternative manner of disposition within 30 days of the receipt of disapproval.
In the event that the manner of disposition is not approved, the pharmacist in charge shall notify the Department of an alternative manner of disposition within 30 days of the receipt of SB0902 Engrossed - 45 - LRB100 05736 SMS 15758 b disapproval.
(c) The pharmacist in charge of a pharmacy which acquires prescription files from a pharmacy which ceases operation shall SB0902 - 41 - LRB100 05736 SMS 15758 b be responsible for the preservation of such acquired prescriptions for the remainder of the term that such prescriptions are required to be preserved by this Act.
(c) The pharmacist in charge of a pharmacy which acquires prescription files from a pharmacy which ceases operation shall be responsible for the preservation of such acquired prescriptions for the remainder of the term that such prescriptions are required to be preserved by this Act.
(d) Failure to comply with this Section shall be grounds for denying an application or renewal application for a pharmacy license or for disciplinary action against a license registration.
(d) Failure to comply with this Section shall be grounds for denying an application or renewal application for a SB0902 Engrossed - 46 - LRB100 05736 SMS 15758 b pharmacy license or for disciplinary action against a license registration.
(2) Tasks and technical skills, policies, and SB0902 - 42 - LRB100 05736 SMS 15758 b procedures.
(2) Tasks and technical skills, policies, and procedures.
(6) The ability to perform and apply arithmetic calculations.
(6) The ability to perform and apply arithmetic SB0902 Engrossed - 47 - LRB100 05736 SMS 15758 b calculations.
There Except as provided in subsection (b), there shall be kept in every drugstore or SB0902 - 43 - LRB100 05736 SMS 15758 b pharmacy a suitable book, file, or electronic record keeping system in which shall be preserved for a period of not less than 5 years the original, or an exact, unalterable image, of every written prescription and the original transcript or copy of every verbal prescription filled, compounded, or dispensed, in such pharmacy;
There Except as provided in subsection (b), there shall be kept in every drugstore or pharmacy a suitable book, file, or electronic record keeping system in which shall be preserved for a period of not less than 5 years the original, or an exact, unalterable image, of every written prescription and the original transcript or copy of every verbal prescription filled, compounded, or dispensed, SB0902 Engrossed - 48 - LRB100 05736 SMS 15758 b in such pharmacy;
and SB0902 - 44 - LRB100 05736 SMS 15758 b (4) the prescriptions may be retained in written form or recorded in a data processing system, provided that such order can be produced in printed form upon lawful request.
and (4) the prescriptions may be retained in written form or recorded in a data processing system, provided that such order can be produced in printed form upon lawful request.
As used in this Section, "digital imaging system" means a system, including people, machines, methods of organization, and procedures, that provides input, storage, processing, communications, output, and control functions for digitized representations of original prescription records.
As used in this Section, "digital imaging system" means a system, including people, machines, methods of organization, SB0902 Engrossed - 49 - LRB100 05736 SMS 15758 b and procedures, that provides input, storage, processing, communications, output, and control functions for digitized representations of original prescription records.
SB0902 - 45 - LRB100 05736 SMS 15758 b (b) Determine that the prescription is valid and on file at such other pharmacy and that such prescription may be filled or refilled, as requested, in accordance with the prescriber's intent expressed on such prescription.
(b) Determine that the prescription is valid and on file at such other pharmacy and that such prescription may be filled or refilled, as requested, in accordance with the prescriber's intent expressed on such prescription.
(c) Notify the pharmacy where the prescription is on file that the prescription must be canceled.
(c) Notify the pharmacy where the prescription is on SB0902 Engrossed - 50 - LRB100 05736 SMS 15758 b file that the prescription must be canceled.
SB0902 - 46 - LRB100 05736 SMS 15758 b (c) Cancel the prescription on file by writing the word "void" on its face or the electronic equivalent, if not in written format.
(c) Cancel the prescription on file by writing the word "void" on its face or the electronic equivalent, if not in written format.
(3) In the event that, after the information set forth in subparagraph (d) of paragraph (1) of this Section has been provided, a prescription is not dispensed by the requesting pharmacist, then such pharmacist shall provide notice of this fact to the pharmacy from which such information was obtained;
SB0902 Engrossed - 51 - LRB100 05736 SMS 15758 b (3) In the event that, after the information set forth in subparagraph (d) of paragraph (1) of this Section has been provided, a prescription is not dispensed by the requesting pharmacist, then such pharmacist shall provide notice of this fact to the pharmacy from which such information was obtained;
SB0902 - 47 - LRB100 05736 SMS 15758 b (Source:
(Source:
(a) Two or more pharmacies may establish and use a common electronic file to maintain required dispensing information.
SB0902 Engrossed - 52 - LRB100 05736 SMS 15758 b (a) Two or more pharmacies may establish and use a common electronic file to maintain required dispensing information.
(e) The dispensing by a pharmacist licensed in this State or another state of a prescription contained in a common database shall not constitute a transfer, provided that (1) (i) SB0902 - 48 - LRB100 05736 SMS 15758 b all pharmacies involved in the transactions pursuant to which the prescription is dispensed and all pharmacists engaging in dispensing functions are properly licensed, permitted, or registered in this State or another jurisdiction, (2) (ii) a policy and procedures manual that governs all participating pharmacies and pharmacists is available to the Department upon request and includes the procedure for maintaining appropriate records for regulatory oversight for tracking a prescription during each stage of the filling and dispensing process, and (3) (iii) the pharmacists involved in filling and dispensing the prescription and counseling the patient are identified.
(e) The dispensing by a pharmacist licensed in this State or another state of a prescription contained in a common database shall not constitute a transfer, provided that (1) (i) all pharmacies involved in the transactions pursuant to which the prescription is dispensed and all pharmacists engaging in dispensing functions are properly licensed, permitted, or registered in this State or another jurisdiction, (2) (ii) a policy and procedures manual that governs all participating SB0902 Engrossed - 53 - LRB100 05736 SMS 15758 b pharmacies and pharmacists is available to the Department upon request and includes the procedure for maintaining appropriate records for regulatory oversight for tracking a prescription during each stage of the filling and dispensing process, and (3) (iii) the pharmacists involved in filling and dispensing the prescription and counseling the patient are identified.
Except only in the case of a drug, medicine or poison which is lawfully sold or dispensed, at retail, in the original and unbroken package of the manufacturer, packer, or distributor thereof, and which package bears the original label SB0902 - 49 - LRB100 05736 SMS 15758 b thereon showing the name and address of the manufacturer, packer, or distributor thereof, and the name of the drug, medicine, or poison therein contained, and the directions for its use, no person shall sell or dispense, at retail, any drug, medicine, or poison, without affixing to the box, bottle, vessel, or package containing the same, a label bearing the name of the article distinctly shown, and the directions for its use, with the name and address of the pharmacy wherein the same is sold or dispensed.
Except only in the case of a drug, medicine or poison which is lawfully sold or dispensed, at retail, in the original and unbroken package of the manufacturer, packer, or distributor thereof, and which package bears the original label thereon showing the name and address of the manufacturer, packer, or distributor thereof, and the name of the drug, medicine, or poison therein contained, and the directions for its use, no person shall sell or dispense, at retail, any drug, medicine, or poison, without affixing to the box, bottle, SB0902 Engrossed - 54 - LRB100 05736 SMS 15758 b vessel, or package containing the same, a label bearing the name of the article distinctly shown, and the directions for its use, with the name and address of the pharmacy wherein the same is sold or dispensed.
(f) the last name of the practitioner who prescribed SB0902 - 50 - LRB100 05736 SMS 15758 b such prescriptions;
(f) the last name of the practitioner who prescribed such prescriptions;
(Source:
SB0902 Engrossed - 55 - LRB100 05736 SMS 15758 b (Source:
(d) An automated pharmacy system operated from a remote site shall be under the continuous supervision of a home SB0902 - 51 - LRB100 05736 SMS 15758 b pharmacy pharmacist.
(d) An automated pharmacy system operated from a remote site shall be under the continuous supervision of a home pharmacy pharmacist.
(e) Drugs may only be dispensed at a remote site through an automated pharmacy system after receipt of an original prescription drug order by a pharmacist at the home pharmacy.
(e) Drugs may only be dispensed at a remote site through an SB0902 Engrossed - 56 - LRB100 05736 SMS 15758 b automated pharmacy system after receipt of an original prescription drug order by a pharmacist at the home pharmacy.
The pharmacist verifying SB0902 - 52 - LRB100 05736 SMS 15758 b the filling and labeling shall be responsible for ensuring that the cartridge or container is stocked or restocked correctly by personnel designated to load the cartridges or containers who are either registered pharmacy technicians or registered certified pharmacy technicians employed by the home pharmacy.
The pharmacist verifying the filling and labeling shall be responsible for ensuring that the cartridge or container is stocked or restocked correctly by personnel designated to load the cartridges or containers who are either registered pharmacy technicians or registered certified pharmacy technicians employed by the home pharmacy.
An automated pharmacy system must use a bar code verification, electronic, or similar process, as defined by rule, to ensure that the proper medication is dispensed from the automated system.
SB0902 Engrossed - 57 - LRB100 05736 SMS 15758 b An automated pharmacy system must use a bar code verification, electronic, or similar process, as defined by rule, to ensure that the proper medication is dispensed from the automated system.
(1) Receiving, interpreting, evaluating, or clarifying SB0902 - 53 - LRB100 05736 SMS 15758 b prescriptions.
(1) Receiving, interpreting, evaluating, or clarifying prescriptions.
(5) Obtaining refill or substitution authorizations or otherwise communicating with the prescriber concerning a patient's prescription.
SB0902 Engrossed - 58 - LRB100 05736 SMS 15758 b (5) Obtaining refill or substitution authorizations or otherwise communicating with the prescriber concerning a patient's prescription.
(3) The records may be maintained separately by each SB0902 - 54 - LRB100 05736 SMS 15758 b pharmacy or in common electronic file shared by both pharmacies, provided that the system can produce a record at either location that shows showing each processing task, the identity of the person performing each task, and the location where each task was performed.
(3) The records may be maintained separately by each pharmacy or in common electronic file shared by both pharmacies, provided that the system can produce a record at either location that shows showing each processing task, the identity of the person performing each task, and the location where each task was performed.
(c) Nothing in this Section shall prohibit an individual employee licensed as a pharmacist from accessing the employer pharmacy's database from a pharmacist's home or other remote location or home verification for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records.
SB0902 Engrossed - 59 - LRB100 05736 SMS 15758 b (c) Nothing in this Section shall prohibit an individual employee licensed as a pharmacist from accessing the employer pharmacy's database from a pharmacist's home or other remote location or home verification for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records.
SB0902 - 55 - LRB100 05736 SMS 15758 b (1) All events involving the contents of an automated pharmacy system must be stored in a secure location and may be recorded electronically.
(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.
(2) An automated pharmacy or prescription dispensing machine system may be used in conjunction with the SB0902 Engrossed - 60 - LRB100 05736 SMS 15758 b pharmacy's practice of telepharmacy after inspection and approval by the Department.
and (E) ensure that patient counseling at the remote pharmacy is performed by a pharmacist or student SB0902 - 56 - LRB100 05736 SMS 15758 b pharmacist.
and (E) ensure that patient counseling at the remote pharmacy is performed by a pharmacist or student pharmacist.
4147) (Section scheduled to be repealed on January 1, 2018) Sec.
4147) (Section scheduled to be repealed on January 1, 2018) SB0902 Engrossed - 61 - LRB100 05736 SMS 15758 b Sec.
Failure to appear for the examination on the scheduled date, at the time and place specified, after the SB0902 - 57 - LRB100 05736 SMS 15758 b application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
Failure to appear for the examination on the scheduled date, at the time and place specified, after the application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
(d) All fees, fines, or penalties received by the Department under this Act shall be deposited in the Illinois State Pharmacy Disciplinary Fund hereby created in the State Treasury and shall be used by the Department in the exercise of its powers and performance of its duties under this Act, including, but not limited to, the provision for evidence in pharmacy investigations.
(d) All fees, fines, or penalties received by the Department under this Act shall be deposited in the Illinois SB0902 Engrossed - 62 - LRB100 05736 SMS 15758 b State Pharmacy Disciplinary Fund hereby created in the State Treasury and shall be used by the Department in the exercise of its powers and performance of its duties under this Act, including, but not limited to, the provision for evidence in pharmacy investigations.
(f) A pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is licensed under this Act and owned and operated by the State is SB0902 - 58 - LRB100 05736 SMS 15758 b exempt from licensure, registration, renewal, and other fees required under this Act.
(f) A pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is licensed under this Act and owned and operated by the State is exempt from licensure, registration, renewal, and other fees required under this Act.
Pharmacists and pharmacy technicians working in facilities owned and operated by the State are not exempt from the payment of fees required by this Act and any rules adopted under this Act.
Pharmacists and pharmacy technicians working in facilities owned and operated by the State are not exempt from the payment of fees required by this Act and any rules adopted under this SB0902 Engrossed - 63 - LRB100 05736 SMS 15758 b Act.
If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically SB0902 - 59 - LRB100 05736 SMS 15758 b terminate the license or certificate or deny the application, without hearing.
If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing.
The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application.
SB0902 Engrossed - 64 - LRB100 05736 SMS 15758 b The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application.
SB0902 - 60 - LRB100 05736 SMS 15758 b 2.
2.
A pattern of conduct which demonstrates incompetence or unfitness to practice.
A pattern of conduct which demonstrates SB0902 Engrossed - 65 - LRB100 05736 SMS 15758 b incompetence or unfitness to practice.
Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association SB0902 - 61 - LRB100 05736 SMS 15758 b any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered.
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.
Nothing in this item 9 affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law.
Nothing in this item 9 affects any bona fide independent contractor or employment arrangements among health care professionals, health facilities, health care SB0902 Engrossed - 66 - LRB100 05736 SMS 15758 b providers, or other entities, except as otherwise prohibited by law.
Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or SB0902 - 62 - LRB100 05736 SMS 15758 b sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of pharmacy.
Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a felony or (ii) a misdemeanor, an essential element of which is SB0902 Engrossed - 67 - LRB100 05736 SMS 15758 b dishonesty, or that is directly related to the practice of pharmacy.
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 SB0902 - 63 - LRB100 05736 SMS 15758 b 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.
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.
Dispensing prescription drugs without receiving a written or oral prescription in violation of law.
Dispensing prescription drugs without receiving a SB0902 Engrossed - 68 - LRB100 05736 SMS 15758 b written or oral prescription in violation of law.
SB0902 - 64 - LRB100 05736 SMS 15758 b 23.
23.
Failing to report within 60 days to the Department any adverse final action taken against a pharmacy, pharmacist, registered pharmacy pharmacist technician, or registered certified pharmacy 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.
Failing to report within 60 days to the Department any adverse final action taken against a pharmacy, SB0902 Engrossed - 69 - LRB100 05736 SMS 15758 b pharmacist, registered pharmacy pharmacist technician, or registered certified pharmacy 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.
Being named as an abuser in a verified report by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective SB0902 - 65 - LRB100 05736 SMS 15758 b Services Act.
Being named as an abuser in a verified report by the Department on Aging under the Adult Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.
(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.
(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 SB0902 Engrossed - 70 - LRB100 05736 SMS 15758 b 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.
SB0902 - 66 - LRB100 05736 SMS 15758 b (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.
(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.
A licensee may resume his or her practice only upon the entry of an order of the Department SB0902 Engrossed - 71 - LRB100 05736 SMS 15758 b 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.
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 SB0902 - 67 - LRB100 05736 SMS 15758 b examination of the licensee or applicant.
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.
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 SB0902 Engrossed - 72 - LRB100 05736 SMS 15758 b of the multidisciplinary team.
Any pharmacist, registered certified pharmacy technician, or registered pharmacy technician whose license was granted, continued, reinstated, renewed, disciplined, or supervised, SB0902 - 68 - LRB100 05736 SMS 15758 b 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.
Any pharmacist, registered certified pharmacy technician, or registered 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 SB0902 Engrossed - 73 - LRB100 05736 SMS 15758 b for a determination as to whether the licensee shall have his or her license suspended immediately, pending a hearing by the Board.
(i) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith, and not willful and wanton in SB0902 - 69 - LRB100 05736 SMS 15758 b nature.
(i) Members of the Board shall be indemnified by the State for any actions occurring within the scope of services on the Board, done in good faith, and not willful and wanton in nature.
If the Attorney General declines representation, the member shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton.
SB0902 Engrossed - 74 - LRB100 05736 SMS 15758 b If the Attorney General declines representation, the member shall have the right to employ counsel of his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless there is a determination by a court that the member's actions were not in good faith or were willful and wanton.
The Department, without further process or SB0902 - 70 - LRB100 05736 SMS 15758 b hearing, shall suspend the license issued under this Act or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or the Criminal Code of 2012.
The Department, without further process or hearing, shall suspend the license issued under this Act or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the SB0902 Engrossed - 75 - LRB100 05736 SMS 15758 b Criminal Code of 1961 or the Criminal Code of 2012.
4153) SB0902 - 71 - LRB100 05736 SMS 15758 b (Section scheduled to be repealed on January 1, 2018) Sec.
4153) (Section scheduled to be repealed on January 1, 2018) Sec.
The Secretary Director of the Department may, upon receipt of a written communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of Public Aid), or the Director of Public Health that continuation of practice of a person licensed or registered under this Act constitutes an immediate danger to the public, immediately suspend the license or registration of such person without a hearing.
The Secretary Director of the Department may, upon receipt of a written communication from the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of Public Aid), or the Director of Public SB0902 Engrossed - 76 - LRB100 05736 SMS 15758 b Health that continuation of practice of a person licensed or registered under this Act constitutes an immediate danger to the public, immediately suspend the license or registration of such person without a hearing.
4154) (Section scheduled to be repealed on January 1, 2018) SB0902 - 72 - LRB100 05736 SMS 15758 b Sec.
4154) (Section scheduled to be repealed on January 1, 2018) Sec.
Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient;
Such SB0902 Engrossed - 77 - LRB100 05736 SMS 15758 b suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient;
Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish SB0902 - 73 - LRB100 05736 SMS 15758 b the offender for contempt of court.
Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court.
(b) If any person shall practice as a pharmacist or hold himself out as a pharmacist or operate a pharmacy or drugstore, including a nonresident pharmacy under Section 16a, without being licensed under the provisions of this Act, then any licensed pharmacist, any interested party or any person injured thereby may, in addition to the Secretary Director, petition for relief as provided in subsection (a) of this Section.
(b) If any person shall practice as a pharmacist or hold himself out as a pharmacist or operate a pharmacy or drugstore, SB0902 Engrossed - 78 - LRB100 05736 SMS 15758 b including a nonresident pharmacy under Section 16a, without being licensed under the provisions of this Act, then any licensed pharmacist, any interested party or any person injured thereby may, in addition to the Secretary Director, petition for relief as provided in subsection (a) of this Section.
10-29-07.) SB0902 - 74 - LRB100 05736 SMS 15758 b (225 ILCS 85/35.2) (from Ch.
10-29-07.) (225 ILCS 85/35.2) (from Ch.
The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary or non-disciplinary action as the Department may deem proper with regard to any license or certificate, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, direct him or her to file his or her written answer thereto to the Board under oath within 20 days after the service on him or her of such notice and inform him or her that if he or she fails to file such answer default will be taken against him or her and his or her license or certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of his or her practice, provided for herein.
SB0902 Engrossed - 79 - LRB100 05736 SMS 15758 b The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary or non-disciplinary action as the Department may deem proper with regard to any license or certificate, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, direct him or her to file his or her written answer thereto to the Board under oath within 20 days after the service on him or her of such notice and inform him or her that if he or she fails to file such answer default will be taken against him or her and his or her license or certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of his or her practice, provided for herein.
At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be SB0902 - 75 - LRB100 05736 SMS 15758 b pertinent to the charges or to the defense thereto.
At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto.
In case the accused person, after receiving notice, fails to file an answer, his or her license or certificate may, in the discretion of the Secretary Director, having received first the recommendation of the Board, be suspended, revoked, placed on probationary status, or the Secretary Director may take whatever disciplinary action as he or she may deem proper as provided herein, including limiting the scope, nature, or extent of said person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
In case the accused person, after receiving notice, fails to file an answer, his or her license or certificate may, in the discretion of the Secretary Director, having received first the recommendation SB0902 Engrossed - 80 - LRB100 05736 SMS 15758 b of the Board, be suspended, revoked, placed on probationary status, or the Secretary Director may take whatever disciplinary action as he or she may deem proper as provided herein, including limiting the scope, nature, or extent of said person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
The Secretary Director, and any member of the Board, shall each have power to administer oaths to witnesses at any hearing SB0902 - 76 - LRB100 05736 SMS 15758 b which the Department is authorized to conduct under this Act, and any other oaths required or authorized to be administered by the Department hereunder.
The Secretary Director, and any member of the Board, shall each have power to administer oaths to witnesses at any hearing which the Department is authorized to conduct under this Act, and any other oaths required or authorized to be administered by the Department hereunder.
10-29-07.) (225 ILCS 85/35.6) (from Ch.
10-29-07.) SB0902 Engrossed - 81 - LRB100 05736 SMS 15758 b (225 ILCS 85/35.6) (from Ch.
4155.7) SB0902 - 77 - LRB100 05736 SMS 15758 b (Section scheduled to be repealed on January 1, 2018) Sec.
4155.7) (Section scheduled to be repealed on January 1, 2018) Sec.
Notwithstanding the provisions of Section 35.6 of this Act, the Secretary Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action before the Board for refusal to issue, renew, or discipline of a license or certificate.
Notwithstanding the provisions of Section 35.6 of this Act, the Secretary Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action SB0902 Engrossed - 82 - LRB100 05736 SMS 15758 b before the Board for refusal to issue, renew, or discipline of a license or certificate.
If the Board fails to issue its findings of fact, conclusions of law, and recommendations within that time frame to the Secretary after the entry of such order, the Secretary shall, within 30 calendar days thereafter, issue an order based SB0902 - 78 - LRB100 05736 SMS 15758 b upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.
If the Board fails to issue its findings of fact, conclusions of law, and recommendations within that time frame to the Secretary after the entry of such order, the Secretary shall, within 30 calendar days thereafter, issue an order based upon the report of the hearing officer and the record of the proceedings or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order.
If (i) a direct appeal is requested, (ii) the Board fails to issue its findings of fact, conclusions of law, and recommendations within the 30-day mandate from the Secretary or the Secretary fails to order the Board to do so, and (iii) the Secretary fails to issue an order within 30 calendar days thereafter, then the hearing officer's report is deemed accepted and a final decision of the Secretary.
If (i) a direct appeal is requested, (ii) the Board fails to issue its findings of fact, conclusions of law, and SB0902 Engrossed - 83 - LRB100 05736 SMS 15758 b recommendations within the 30-day mandate from the Secretary or the Secretary fails to order the Board to do so, and (iii) the Secretary fails to issue an order within 30 calendar days thereafter, then the hearing officer's report is deemed accepted and a final decision of the Secretary.
In any case involving the refusal to issue, renew or discipline of a license or registration, a copy of the Board's report shall be served upon the respondent by the SB0902 - 79 - LRB100 05736 SMS 15758 b Department, either personally or as provided in this Act for the service of the notice of hearing.
In any case involving the refusal to issue, renew or discipline of a license or registration, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing.
If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Secretary Director may enter an order in accordance with recommendations of the Board except as provided in Section 35.6 or 35.7 of this Act.
If no motion for rehearing is SB0902 Engrossed - 84 - LRB100 05736 SMS 15758 b filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Secretary Director may enter an order in accordance with recommendations of the Board except as provided in Section 35.6 or 35.7 of this Act.
Such consent orders may provide for any of SB0902 - 80 - LRB100 05736 SMS 15758 b the forms of discipline otherwise provided herein or any other disciplinary or non-disciplinary action the parties agree to.
Such consent orders may provide for any of the forms of discipline otherwise provided herein or any other disciplinary or non-disciplinary action the parties agree to.
10-29-07.) (225 ILCS 85/35.13) (from Ch.
10-29-07.) SB0902 Engrossed - 85 - LRB100 05736 SMS 15758 b (225 ILCS 85/35.13) (from Ch.
At any time after the successful completion of a term of probation, suspension, or revocation of any license certificate, the Department may restore it to the accused person without examination, upon the written recommendation of SB0902 - 81 - LRB100 05736 SMS 15758 b the Board.
At any time after the successful completion of a term of probation, suspension, or revocation of any license certificate, the Department may restore it to the accused person without examination, upon the written recommendation of the Board.
A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the requirements for restoration of a nonrenewed license as set forth in Section 12 of this Act and any related rules adopted.
A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the requirements for restoration of a nonrenewed license as set forth in Section 12 of this Act and SB0902 Engrossed - 86 - LRB100 05736 SMS 15758 b any related rules adopted.
The Secretary may temporarily suspend the license of a pharmacist, or pharmacy, registered or the registration of a pharmacy technician, or registered certified pharmacy technician, without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 35.2 of this Act, if the Secretary finds that evidence in his possession indicates that a continuation in practice SB0902 - 82 - LRB100 05736 SMS 15758 b would constitute an imminent danger to the public.
The Secretary may temporarily suspend the license of a pharmacist, or pharmacy, registered or the registration of a pharmacy technician, or registered certified pharmacy technician, without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 35.2 of this Act, if the Secretary finds that evidence in his possession indicates that a continuation in practice would constitute an imminent danger to the public.
(Source:
SB0902 Engrossed - 87 - LRB100 05736 SMS 15758 b (Source:
During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action the sanctions imposed upon the accused by the Department because of acts or omissions related to the delivery of direct patient care as specified in the Department's final administrative decision, shall, as a matter of public policy, remain in full force and effect in order to protect the public SB0902 - 83 - LRB100 05736 SMS 15758 b pending final resolution of any of the proceedings.
During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action the sanctions imposed upon the accused by the Department because of acts or omissions related to the delivery of direct patient care as specified in the Department's final administrative decision, shall, as a matter of public policy, remain in full force and effect in order to protect the public pending final resolution of any of the proceedings.
All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed.
All information collected by SB0902 Engrossed - 88 - LRB100 05736 SMS 15758 b the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained for the confidential use of the Department and shall not be disclosed.
(a) The Department shall adopt rules to permit the issuance of citations to any licensee for any violation of this Act or SB0902 - 84 - LRB100 05736 SMS 15758 b the rules.
(a) The Department shall adopt rules to permit the issuance of citations to any licensee for any violation of this Act or the rules.
The citation shall be issued to the licensee or other person alleged to have committed one or more violations and shall contain the licensee's or other person's name and address, the licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly violated, and the penalty imposed, which shall not exceed $1,000.
The citation shall be issued to the licensee or other person alleged to have committed one or more violations and shall contain the licensee's or other person's name and address, the licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly SB0902 Engrossed - 89 - LRB100 05736 SMS 15758 b violated, and the penalty imposed, which shall not exceed $1,000.
SB0902 - 85 - LRB100 05736 SMS 15758 b (c) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record.
(c) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's address of record or email address of record.
(d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and rules for additional, repeated, or continuing violations.
(d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to this Act and SB0902 Engrossed - 90 - LRB100 05736 SMS 15758 b rules for additional, repeated, or continuing violations.
This Act takes effect upon SB0902 - 86 - LRB100 05736 SMS 15758 b becoming law.
This Act takes effect upon becoming law.
SB0902 - 87 - LRB100 05736 SMS 15758 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.28 5 ILCS 80/4.38 new 225 ILCS 85/3 225 ILCS 85/3.5 new 225 ILCS 85/5.5 225 ILCS 85/7 from Ch.
111, par.
4127 225 ILCS 85/9 from Ch.
111, par.
4129 225 ILCS 85/9.5 225 ILCS 85/10 from Ch.
111, par.
4130 225 ILCS 85/11 from Ch.
111, par.
4131 225 ILCS 85/12 from Ch.
111, par.
4132 225 ILCS 85/13 from Ch.
111, par.
4133 225 ILCS 85/15 from Ch.
111, par.
4135 225 ILCS 85/16 from Ch.
111, par.
4136 225 ILCS 85/16a from Ch.
111, par.
4136a 225 ILCS 85/17 from Ch.
111, par.
4137 225 ILCS 85/17.1 225 ILCS 85/18 from Ch.
111, par.
4138 225 ILCS 85/19 from Ch.
111, par.
4139 225 ILCS 85/20 from Ch.
111, par.
4140 225 ILCS 85/22 from Ch.
111, par.
4142 225 ILCS 85/22b 225 ILCS 85/25.10 SB0902 - 88 - LRB100 05736 SMS 15758 b 225 ILCS 85/25.15 225 ILCS 85/27 from Ch.
111, par.
4147 225 ILCS 85/28 from Ch.
111, par.
4148 225 ILCS 85/30 from Ch.
111, par.
4150 225 ILCS 85/30.5 225 ILCS 85/32 from Ch.
111, par.
4152 225 ILCS 85/33 from Ch.
111, par.
4153 225 ILCS 85/34 from Ch.
111, par.
4154 225 ILCS 85/35.1 from Ch.
111, par.
4155.1 225 ILCS 85/35.2 from Ch.
111, par.
4155.2 225 ILCS 85/35.5 from Ch.
111, par.
4155.5 225 ILCS 85/35.6 from Ch.
111, par.
4155.6 225 ILCS 85/35.7 from Ch.
111, par.
4155.7 225 ILCS 85/35.8 from Ch.
111, par.
4155.8 225 ILCS 85/35.12 from Ch.
111, par.
4155.12 225 ILCS 85/35.13 from Ch.
111, par.
4155.13 225 ILCS 85/35.14 from Ch.
111, par.
4155.14 225 ILCS 85/35.15 from Ch.
111, par.
4155.15 225 ILCS 85/35.16 from Ch.
111, par.
4155.16 225 ILCS 85/35.18 from Ch.
111, par.
4155.18 225 ILCS 85/35.20 new 225 ILCS 85/35.21 new 225 ILCS 85/36 from Ch.
111, par.
4156
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Action History

  1. Session Sine Die

  2. Referred to Rules Committee

  3. First Reading

  4. Chief House Sponsor Rep. David B. Reis

  5. Arrived in House

  6. Third Reading - Passed; 055-000-000

  7. Placed on Calendar Order of 3rd Reading

  8. Senate Floor Amendment No. 1 Adopted; Righter

  9. Recalled to Second Reading

  10. Senate Floor Amendment No. 1 Recommend Do Adopt Licensed Activities and Pensions; 009-000-000

  11. Senate Floor Amendment No. 1 Assignments Refers to Licensed Activities and Pensions

  12. Senate Floor Amendment No. 1 Referred to Assignments

  13. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dale A. Righter

  14. Placed on Calendar Order of 3rd Reading April 4, 2017

  15. Second Reading

  16. Placed on Calendar Order of 2nd Reading March 14, 2017

  17. Do Pass Licensed Activities and Pensions; 009-000-000

  18. Postponed - Licensed Activities and Pensions

  19. Assigned to Licensed Activities and Pensions

  20. Referred to Assignments

  21. First Reading

  22. Filed with Secretary by Sen. Dale A. Righter

Sponsors

  • Dale A. Righter · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Dale A. Righter

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 8000
Democrat 14000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Connelly — Yea
McCarter — Not Voting
Mulroe — Yea
McCann — Yea
McConnaughay — Yea
Silverstein — Yea
Rooney — Yea
Steans — Yea
Harris — Yea
Bennett — Yea
McGuire — Yea
Landek — Yea
Brady — Yea
Link — Yea
Manar — Yea
Muñoz — Yea
Cullerton, T. — Yea
Oberweis — Yea
Cullerton — Not Voting
Clayborne — Yea
Haine — Not Voting
Trotter — Yea
Hutchinson — Not Voting
Nybo — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

healthcare labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 902 do?
Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2018 to January 1, 2028. Amends the Pharmacy Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides for the licensure (rather than registration) of registered pharmacy technicians, registered certified pharmacy technicians, and pharmacists, and makes conforming changes. Removes provision allowing each member of the State Board of Pharmacy to receive a per diem payment in an amount determined from time to time by the Secretary of Financial and Professional Regulation for attendance at meetings of the Board and conducting other official business of the Board. Changes references to "Director" to references to "Secretary" or "Department" throughout the Act. Eliminates the position of deputy pharmacy coordinator. Makes changes in provisions concerning definitions, duties of the Department, inactive status, pharmacists in charge, nonresident pharmacy licenses, record retention, automated pharmacy systems, remote prescription processing, and discipline. Makes other changes. Effective immediately.
Who sponsors SB 902?
SB 902 is sponsored by Dale A. Righter.
What is the current status of SB 902?
This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 902?
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