SB 509 — WHOLESALE LIC/PRESC INTEGRITY

6104.01) Sec.

4.01.

Additional powers and duties of the Department.

In addition to powers and duties otherwise provided by law, the Department shall have the following powers and duties:

(1) To evaluate all programs, services, and facilities for the aged and for minority senior citizens within the State and determine the extent to which present public or private programs, services and facilities meet the needs of the aged.

(2) To coordinate and evaluate all programs, services, and facilities for the Aging and for minority senior citizens presently furnished by State agencies and make appropriate recommendations regarding such services, programs and SB0509 Enrolled - 3 - LRB095 10560 RAS 30780 b facilities to the Governor and/or the General Assembly.

(3) To function as the sole State agency to develop a comprehensive plan to meet the needs of the State’s senior citizens and the State’s minority senior citizens.

(4) To receive and disburse State and federal funds made available directly to the Department including those funds made available under the Older Americans Act and the Senior Community Service Employment Program for providing services for senior citizens and minority senior citizens or for purposes related thereto, and shall develop and administer any State Plan for the Aging required by federal law.

(5) To solicit, accept, hold, and administer in behalf of the State any grants or legacies of money, securities, or property to the State of Illinois for services to senior citizens and minority senior citizens or purposes related thereto.

(6) To provide consultation and assistance to communities, area agencies on aging, and groups developing local services for senior citizens and minority senior citizens.

(7) To promote community education regarding the problems of senior citizens and minority senior citizens through institutes, publications, radio, television and the local press.

(8) To cooperate with agencies of the federal government in studies and conferences designed to examine the needs of senior citizens and minority senior citizens and to prepare programs SB0509 Enrolled - 4 - LRB095 10560 RAS 30780 b and facilities to meet those needs.

(9) To establish and maintain information and referral sources throughout the State when not provided by other agencies.

(10) To provide the staff support as may reasonably be required by the Council and the Coordinating Committee of State Agencies Serving Older Persons.

(11) To make and enforce rules and regulations necessary and proper to the performance of its duties.

(12) To establish and fund programs or projects or experimental facilities that are specially designed as alternatives to institutional care.

(13) To develop a training program to train the counselors presently employed by the Department’s aging network to provide Medicare beneficiaries with counseling and advocacy in Medicare, private health insurance, and related health care coverage plans.

The Department shall report to the General Assembly on the implementation of the training program on or before December 1, 1986.

(14) To make a grant to an institution of higher learning to study the feasibility of establishing and implementing an affirmative action employment plan for the recruitment, hiring, training and retraining of persons 60 or more years old for jobs for which their employment would not be precluded by law.

(15) To present one award annually in each of the SB0509 Enrolled - 5 - LRB095 10560 RAS 30780 b categories of community service, education, the performance and graphic arts, and the labor force to outstanding Illinois senior citizens and minority senior citizens in recognition of their individual contributions to either community service, education, the performance and graphic arts, or the labor force.

The awards shall be presented to four senior citizens and minority senior citizens selected from a list of 44 nominees compiled annually by the Department.

Nominations shall be solicited from senior citizens’ service providers, area agencies on aging, senior citizens’ centers, and senior citizens’ organizations.

The Department shall consult with the Coordinating Committee of State Agencies Serving Older Persons to determine which of the nominees shall be the recipient in each category of community service.

The Department shall establish a central location within the State to be designated as the Senior Illinoisans Hall of Fame for the public display of all the annual awards, or replicas thereof.

(16) To establish multipurpose senior centers through area agencies on aging and to fund those new and existing multipurpose senior centers through area agencies on aging, the establishment and funding to begin in such areas of the State as the Department shall designate by rule and as specifically appropriated funds become available.

(17) To develop the content and format of the acknowledgment regarding non-recourse reverse mortgage loans under Section 6.1 of the Illinois Banking Act;

to provide SB0509 Enrolled - 6 - LRB095 10560 RAS 30780 b independent consumer information on reverse mortgages and alternatives;

and to refer consumers to independent counseling services with expertise in reverse mortgages.

(18) To develop a pamphlet in English and Spanish which may be used by physicians licensed to practice medicine in all of its branches pursuant to the Medical Practice Act of 1987, pharmacists licensed pursuant to the Pharmacy Practice Act of 1987, and Illinois residents 65 years of age or older for the purpose of assisting physicians, pharmacists, and patients in monitoring prescriptions provided by various physicians and to aid persons 65 years of age or older in complying with directions for proper use of pharmaceutical prescriptions.

The pamphlet may provide space for recording information including but not limited to the following:

(a) name and telephone number of the patient;

(b) name and telephone number of the prescribing physician;

(c) date of prescription;

(d) name of drug prescribed;

(e) directions for patient compliance;

and (f) name and telephone number of dispensing pharmacy.

In developing the pamphlet, the Department shall consult with the Illinois State Medical Society, the Center for Minority Health Services, the Illinois Pharmacists Association and senior citizens organizations.

The Department shall distribute the pamphlets to physicians, pharmacists and SB0509 Enrolled - 7 - LRB095 10560 RAS 30780 b persons 65 years of age or older or various senior citizen organizations throughout the State.

(19) To conduct a study by April 1, 1994 of the feasibility of implementing the Senior Companion Program throughout the State for the fiscal year beginning July 1, 1994.

(20) With respect to contracts in effect on July 1, 1994, the Department shall increase the grant amounts so that the reimbursement rates paid through the community care program for chore housekeeping services and homemakers are at the same rate, which shall be the higher of the 2 rates currently paid.

With respect to all contracts entered into, renewed, or extended on or after July 1, 1994, the reimbursement rates paid through the community care program for chore housekeeping services and homemakers shall be the same.

(21) From funds appropriated to the Department from the Meals on Wheels Fund, a special fund in the State treasury that is hereby created, and in accordance with State and federal guidelines and the intrastate funding formula, to make grants to area agencies on aging, designated by the Department, for the sole purpose of delivering meals to homebound persons 60 years of age and older.

(22) To distribute, through its area agencies on aging, information alerting seniors on safety issues regarding emergency weather conditions, including extreme heat and cold, flooding, tornadoes, electrical storms, and other severe storm weather.

The information shall include all necessary SB0509 Enrolled - 8 - LRB095 10560 RAS 30780 b instructions for safety and all emergency telephone numbers of organizations that will provide additional information and assistance.

(23) To develop guidelines for the organization and implementation of Volunteer Services Credit Programs to be administered by Area Agencies on Aging or community based senior service organizations.

The Department shall hold public hearings on the proposed guidelines for public comment, suggestion, and determination of public interest.

The guidelines shall be based on the findings of other states and of community organizations in Illinois that are currently operating volunteer services credit programs or demonstration volunteer services credit programs.

The Department shall offer guidelines for all aspects of the programs including, but not limited to, the following:

(a) types of services to be offered by volunteers;

(b) types of services to be received upon the redemption of service credits;

(c) issues of liability for the volunteers and the administering organizations;

(d) methods of tracking service credits earned and service credits redeemed;

(e) issues of time limits for redemption of service credits;

(f) methods of recruitment of volunteers;

(g) utilization of community volunteers, community SB0509 Enrolled - 9 - LRB095 10560 RAS 30780 b service groups, and other resources for delivering services to be received by service credit program clients;

(h) accountability and assurance that services will be available to individuals who have earned service credits;

and (i) volunteer screening and qualifications.

The Department shall submit a written copy of the guidelines to the General Assembly by July 1, 1998.

(Source:

P.A.

92-651, eff.

7-11-02.) Section 15.

The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 56 as follows:

(20 ILCS 1705/56) (from Ch.

91 1/2, par.

100-56) Sec.

56.

The Secretary, upon making a determination based upon information in the possession of the Department, that continuation in practice of a licensed health care professional would constitute an immediate danger to the public, shall submit a written communication to the Director of Professional Regulation indicating such determination and additionally providing a complete summary of the information upon which such determination is based, and recommending that the Director of Professional Regulation immediately suspend such person’s license.

All relevant evidence, or copies thereof, in the Department’s possession may also be submitted in conjunction SB0509 Enrolled - 10 - LRB095 10560 RAS 30780 b with the written communication.

A copy of such written communication, which is exempt from the copying and inspection provisions of the Freedom of Information Act, shall at the time of submittal to the Director of Professional Regulation be simultaneously mailed to the last known business address of such licensed health care professional by certified or registered postage, United States Mail, return receipt requested.

Any evidence, or copies thereof, which is submitted in conjunction with the written communication is also exempt from the copying and inspection provisions of the Freedom of Information Act.

For the purposes of this Section, "licensed health care professional" means any person licensed under the Illinois Dental Practice Act, the Nursing and Advanced Practice Nursing Act, the Medical Practice Act of 1987, the Pharmacy Practice Act of 1987, the Podiatric Medical Practice Act of 1987, and the Illinois Optometric Practice Act of 1987.

(Source:

P.A.

89-507, eff.

7-1-97;

90-742, eff.

8-13-98.) Section 20.

The Department of Professional Regulation Law of the Civil Administrative Code of Illinois is amended by changing Section 2105-400 as follows:

(20 ILCS 2105/2105-400) Sec.

2105-400.

Emergency Powers.

(a) Upon proclamation of a disaster by the Governor, as SB0509 Enrolled - 11 - LRB095 10560 RAS 30780 b provided for in the Illinois Emergency Management Agency Act, the Secretary of Financial and Professional Regulation shall have the following powers, which shall be exercised only in coordination with the Illinois Emergency Management Agency and the Department of Public Health:

(1) The power to suspend the requirements for permanent or temporary licensure of persons who are licensed in another state and are working under the direction of the Illinois Emergency Management Agency and the Department of Public Health pursuant to a declared disaster.

(2) The power to modify the scope of practice restrictions under any licensing act administered by the Department for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.

(3) The power to expand the exemption in Section 4(a) of the Pharmacy Practice Act of 1987 to those licensed professionals whose scope of practice has been modified, under paragraph (2) of subsection (a) of this Section, to include any element of the practice of pharmacy as defined in the Pharmacy Practice Act of 1987 for any person working under the direction of the Illinois Emergency Management Agency and the Illinois Department of Public Health pursuant to the declared disaster.

(b) Persons exempt from licensure under paragraph (1) of SB0509 Enrolled - 12 - LRB095 10560 RAS 30780 b subsection (a) of this Section and persons operating under modified scope of practice provisions under paragraph (2) of subsection (a) of this Section shall be exempt from licensure or be subject to modified scope of practice only until the declared disaster has ended as provided by law.

For purposes of this Section, persons working under the direction of an emergency services and disaster agency accredited by the Illinois Emergency Management Agency and a local public health department, pursuant to a declared disaster, shall be deemed to be working under the direction of the Illinois Emergency Management Agency and the Department of Public Health.

(c) The Director shall exercise these powers by way of proclamation.

(Source:

P.A.

93-829, eff.

7-28-04;

94-733, eff.

4-27-06.) Section 25.

The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by changing Section 2310-140 as follows:

(20 ILCS 2310/2310-140) (was 20 ILCS 2310/55.37a) Sec.

2310-140.

Recommending suspension of licensed health care professional.

The Director, upon making a determination based upon information in the possession of the Department that continuation in practice of a licensed health care professional would constitute an immediate danger to the public, shall submit a written communication to the Director of Professional SB0509 Enrolled - 13 - LRB095 10560 RAS 30780 b Regulation indicating that determination and additionally (i) providing a complete summary of the information upon which the determination is based and (ii) recommending that the Director of Professional Regulation immediately suspend the person’s license.

All relevant evidence, or copies thereof, in the Department’s possession may also be submitted in conjunction with the written communication.

A copy of the written communication, which is exempt from the copying and inspection provisions of the Freedom of Information Act, shall at the time of submittal to the Director of Professional Regulation be simultaneously mailed to the last known business address of the licensed health care professional by certified or registered postage, United States Mail, return receipt requested.

Any evidence, or copies thereof, that is submitted in conjunction with the written communication is also exempt from the copying and inspection provisions of the Freedom of Information Act.

For the purposes of this Section, "licensed health care professional" means any person licensed under the Illinois Dental Practice Act, the Nursing and Advanced Practice Nursing Act, the Medical Practice Act of 1987, the Pharmacy Practice Act of 1987, the Podiatric Medical Practice Act of 1987, or the Illinois Optometric Practice Act of 1987.

(Source:

P.A.

90-742, eff.

8-13-98;

91-239, eff.

1-1-00.) Section 30.

The Illinois Municipal Code is amended by changing Section 11-22-1 as follows:

SB0509 Enrolled - 14 - LRB095 10560 RAS 30780 b (65 ILCS 5/11-22-1) (from Ch.

24, par.

11-22-1) Sec.

11-22-1.

The corporate authorities of each municipality may erect, establish, and maintain hospitals, nursing homes and medical dispensaries, all on a nonprofit basis, and may locate and regulate hospitals, medical dispensaries, sanitariums, and undertaking establishments;

provided that the corporate authorities of any municipality shall not regulate any pharmacy or drugstore registered under the Pharmacy Practice Act of 1987.

Any hospital maintained under this Section is authorized to provide any service and enter into any contract or other arrangement not prohibited by a hospital licensed under the Hospital Licensing Act, incorporated under the General Not-For-Profit Corporation Act, and exempt from taxation under paragraph (3) of subsection (c) of Section 501 of the Internal Revenue Code.

For purposes of erecting, establishing and maintaining a nursing home on a nonprofit basis pursuant to this Section, the corporate authorities of each municipality shall have the power to borrow money;

execute a promissory note or notes, execute a mortgage or trust deed to secure payment of such notes or deeds, or execute such other security instrument or document as needed, and pledge real and personal nursing home property as security for any such promissory note, mortgage or trust deed;

and issue revenue or general obligation bonds.

(Source:

P.A.

86-739.) SB0509 Enrolled - 15 - LRB095 10560 RAS 30780 b Section 35.

The School Employee Benefit Act is amended by changing Section 25 as follows:

(105 ILCS 55/25) Sec.

25.

Pharmacy providers.

(a) The Department or its contractor may enter into a contract with a pharmacy registered or licensed under Section 16a of the Pharmacy Practice Act of 1987.

(b) Before entering into an agreement with other pharmacy providers, pursuant to Sections 15 and 20 of this Act, the Department or its contractor must by rule or contract establish terms or conditions that must be met by pharmacy providers desiring to contract with the Department or its contractor.

If a pharmacy licensed under Section 15 of the Pharmacy Practice Act of 1987 rejects the terms and conditions established, the Department or its contractor may offer other terms and conditions necessary to comply with the network adequacy requirements.

(c) Notwithstanding the provisions of subsection (a) of this Section, the Department or its contractor may not refuse to contract with a pharmacy licensed under Section 15 of the Pharmacy Practice Act of 1987 that meets the terms and conditions established by the Department or its contractor under subsection (a) or (b) of this Section.

(Source:

P.A.

93-1036, eff.

9-14-04.) SB0509 Enrolled - 16 - LRB095 10560 RAS 30780 b Section 40.

The Illinois Insurance Code is amended by changing Section 512-7 as follows:

(215 ILCS 5/512-7) (from Ch.

73, par.

1065.59-7) Sec.

512-7.

Contractual provisions.

(a) Any agreement or contract entered into in this State between the administrator of a program and a pharmacy shall include a statement of the method and amount of reimbursement to the pharmacy for services rendered to persons enrolled in the program, the frequency of payment by the program administrator to the pharmacy for those services, and a method for the adjudication of complaints and the settlement of disputes between the contracting parties.

(b)(1) A program shall provide an annual period of at least 30 days during which any pharmacy licensed under the Pharmacy Practice Act of 1987 may elect to participate in the program under the program terms for at least one year.

(2) If compliance with the requirements of this subsection (b) would impair any provision of a contract between a program and any other person, and if the contract provision was in existence before January 1, 1990, then immediately after the expiration of those contract provisions the program shall comply with the requirements of this subsection (b).

(3) This subsection (b) does not apply if:

SB0509 Enrolled - 17 - LRB095 10560 RAS 30780 b (A) the program administrator is a licensed health maintenance organization that owns or controls a pharmacy and that enters into an agreement or contract with that pharmacy in accordance with subsection (a);

or (B) the program administrator is a licensed health maintenance organization that is owned or controlled by another entity that also owns or controls a pharmacy, and the administrator enters into an agreement or contract with that pharmacy in accordance with subsection (a).

(4) This subsection (b) shall be inoperative after October 31, 1992.

(c) The program administrator shall cause to be issued an identification card to each person enrolled in the program.

The identification card shall include:

(1) the name of the individual enrolled in the program;

and (2) an expiration date if required under the contractual arrangement or agreement between a provider of pharmaceutical services and prescription drug products and the third party prescription program administrator.

(Source:

P.A.

86-473;

87-254.) Section 45.

The Health Maintenance Organization Act is amended by changing Section 2-3.1 as follows:

SB0509 Enrolled - 18 - LRB095 10560 RAS 30780 b (215 ILCS 125/2-3.1) (from Ch.

111 1/2, par.

1405.1) Sec.

2-3.1.

(a) No health maintenance organization shall cause to be dispensed any drug other than that prescribed by a physician.

Nothing herein shall prohibit drug product selection under Section 3.14 of the "Illinois Food, Drug and Cosmetic Act", approved June 29, 1967, as amended, and in accordance with the requirements of Section 25 of the "Pharmacy Practice Act of 1987", approved September 24, 1987, as amended.

(b) No health maintenance organization shall include in any contract with any physician providing for health care services any provision requiring such physician to prescribe any particular drug product to any enrollee unless the enrollee is a hospital in-patient where such drug product may be permitted pursuant to written guidelines or procedures previously established by a pharmaceutical or therapeutics committee of a hospital, approved by the medical staff of such hospital and specifically approved, in writing, by the prescribing physician for his or her patients in such hospital, and unless it is compounded, dispensed or sold by a pharmacy located in a hospital, as defined in Section 3 of the Hospital Licensing Act or a hospital organized under "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.

(Source:

P.A.

85-1246.) SB0509 Enrolled - 19 - LRB095 10560 RAS 30780 b Section 50.

The Illinois Dental Practice Act is amended by changing Section 51 as follows:

(225 ILCS 25/51) (from Ch.

111, par.

2351) (Section scheduled to be repealed on January 1, 2016) Sec.

51.

Dispensing Drugs or Medicine.

Any dentist who dispenses any drug or medicine shall dispense such drug or medicine in good faith and shall affix to the box, bottle, vessel or package containing the same a label indicating:

(a) the date on which such drug or medicine is dispensed;

(b) the name of the patient;

(c) the last name of the person dispensing such drug or medicine;

(d) the directions for use thereof;

and (e) the proprietary name or names or the established name or names of the drug or medicine, the dosage and quantity, except as otherwise authorized by regulation of the Department.

This Section shall not apply to drugs and medicines in a package which bears a label of the manufacturer containing information describing its contents which is in compliance with requirements of the Federal Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act and which is dispensed without consideration by a dentist.

"Drug" and "medicine" have the meanings ascribed to them in the Pharmacy Practice Act of 1987, as now or hereafter amended;

"good faith" SB0509 Enrolled - 20 - LRB095 10560 RAS 30780 b has the meaning ascribed to it in subsection (v) of Section 102 of the "Illinois Controlled Substances Act", as amended.

(Source:

P.A.

85-1209.) Section 55.

The Health Care Worker Self-Referral Act is amended by changing Section 15 as follows:

(225 ILCS 47/15) Sec.

15.

"Authentication"(a) "Board" means to affirmatively verify, before any wholesale distribution of a prescription drug occurs, that each transaction listed on the pedigreeHealth hasFacilities occurred.Planning Board.

(b) "Entity" means any individual, partnership, firm, corporation, or other business that provides health services but does not include an individual who is a health care worker who provides professional services to an individual.

(c) "Group practice" means a group of 2 or more health care workers legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan or a similar association in which:

(1) each health care worker who is a member or employee or an independent contractor of the group provides substantially the full range of services that the health care worker routinely provides, including consultation, diagnosis, or treatment, through the use of office space, facilities, equipment, or personnel of the group;

(2) the services of the health care workers are provided through the group, and payments received for SB0509 Enrolled - 21 - LRB095 10560 RAS 30780 b health services are treated as receipts of the group;

and (3) the overhead expenses and the income from the practice are distributed by methods previously determined by the group.

(d) "Health care worker" means any individual licensed under the laws of this State to provide health services, including but not limited to:

dentists licensed under the Illinois Dental Practice Act;

dental hygienists licensed under the Illinois Dental Practice Act;

nurses and advanced practice nurses licensed under the Nursing and Advanced Practice Nursing Act;

occupational therapists licensed under the Illinois Occupational Therapy Practice Act;

optometrists licensed under the Illinois Optometric Practice Act of 1987;

pharmacists licensed under the Pharmacy Practice Act of 1987;

physical therapists licensed under the Illinois Physical Therapy Act;

physicians licensed under the Medical Practice Act of 1987;

physician assistants licensed under the Physician Assistant Practice Act of 1987;

podiatrists licensed under the Podiatric Medical Practice Act of 1987;

clinical psychologists licensed under the Clinical Psychologist Licensing Act;

clinical social workers licensed under the Clinical Social Work and Social Work Practice Act;

speech-language pathologists and audiologists licensed under the Illinois Speech-Language Pathology and Audiology Practice Act;

or hearing instrument dispensers licensed under the Hearing Instrument Consumer Protection Act, or any of their successor Acts.

SB0509 Enrolled - 22 - LRB095 10560 RAS 30780 b (e) "Health services" means health care procedures and services provided by or through a health care worker.

(f) "Immediate family member" means a health care worker’s spouse, child, child’s spouse, or a parent.

(g) "Investment interest" means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments except that investment interest for purposes of Section 20 does not include interest in a hospital licensed under the laws of the State of Illinois.

(h) "Investor" means an individual or entity directly or indirectly owning a legal or beneficial ownership or investment interest, (such as through an immediate family member, trust, or another entity related to the investor).

(i) "Office practice" includes the facility or facilities at which a health care worker, on an ongoing basis, provides or supervises the provision of professional health services to individuals.

(j) "Referral" means any referral of a patient for health services, including, without limitation:

(1) The forwarding of a patient by one health care worker to another health care worker or to an entity outside the health care worker’s office practice or group practice that provides health services.

(2) The request or establishment by a health care SB0509 Enrolled - 23 - LRB095 10560 RAS 30780 b worker of a plan of care outside the health care worker’s office practice or group practice that includes the provision of any health services.

(Source:

P.A.

89-72, eff.

12-31-95;

90-742, eff.

8-13-98.) Section 60.

The Medical Practice Act of 1987 is amended by changing Section 33 as follows:

(225 ILCS 60/33) (from Ch.

111, par.

4400-33) (Section scheduled to be repealed on December 31, 2008) Sec.

33.

Any person licensed under this Act to practice medicine in all of its branches shall be authorized to purchase legend drugs requiring an order of a person authorized to prescribe drugs, and to dispense such legend drugs in the regular course of practicing medicine.

The dispensing of such legend drugs shall be the personal act of the person licensed under this Act and may not be delegated to any other person not licensed under this Act or the Pharmacy Practice Act of 1987 unless such delegated dispensing functions are under the direct supervision of the physician authorized to dispense legend drugs.

Except when dispensing manufacturers’ samples or other legend drugs in a maximum 72 hour supply, persons licensed under this Act shall maintain a book or file of prescriptions as required in the Pharmacy Practice Act of 1987.

Any person licensed under this Act who dispenses any drug or medicine shall dispense such drug or medicine in good faith and shall SB0509 Enrolled - 24 - LRB095 10560 RAS 30780 b affix to the box, bottle, vessel or package containing the same a label indicating (a) the date on which such drug or medicine is dispensed;

(b) the name of the patient;

(c) the last name of the person dispensing such drug or medicine;

(d) the directions for use thereof;

and (e) the proprietary name or names or, if there are none, the established name or names of the drug or medicine, the dosage and quantity, except as otherwise authorized by regulation of the Department of Professional Regulation.

The foregoing labeling requirements shall not apply to drugs or medicines in a package which bears a label of the manufacturer containing information describing its contents which is in compliance with requirements of the Federal Food, Drug, and Cosmetic Act and the Illinois Food, Drug, and Cosmetic Act.

"Drug" and "medicine" have the meaning ascribed to them in the Pharmacy Practice Act of 1987, as now or hereafter amended;

"good faith" has the meaning ascribed to it in subsection (v) of Section 102 of the "Illinois Controlled Substances Act", approved August 16, 1971, as amended.

Prior to dispensing a prescription to a patient, the physician shall offer a written prescription to the patient which the patient may elect to have filled by the physician or any licensed pharmacy.

A violation of any provision of this Section shall constitute a violation of this Act and shall be grounds for disciplinary action provided for in this Act.

(Source:

P.A.

85-1209.) SB0509 Enrolled - 25 - LRB095 10560 RAS 30780 b Section 65.

The Illinois Optometric Practice Act of 1987 is amended by changing Section 3 as follows:

(225 ILCS 80/3) (from Ch.

111, par.

3903) (Section scheduled to be repealed on January 1, 2017) Sec.

3.

Practice of optometry defined;

referrals;

manufacture of lenses and prisms.

(a) The practice of optometry is defined as the employment of any and all means for the examination, diagnosis, and treatment of the human visual system, the human eye, and its appendages without the use of surgery, including but not limited to:

the appropriate use of ocular pharmaceutical agents;

refraction and other determinants of visual function;

prescribing corrective lenses or prisms;

prescribing, dispensing, or management of contact lenses;

vision therapy;

visual rehabilitation;

or any other procedures taught in schools and colleges of optometry approved by the Department, and not specifically restricted in this Act, subject to demonstrated competency and training as required by the Board, and pursuant to rule or regulation approved by the Board and adopted by the Department.

A person shall be deemed to be practicing optometry within the meaning of this Act who:

(1) In any way presents himself or herself to be qualified to practice optometry.

SB0509 Enrolled - 26 - LRB095 10560 RAS 30780 b (2) Performs refractions or employs any other determinants of visual function.

(3) Employs any means for the adaptation of lenses or prisms.

(4) Prescribes corrective lenses, prisms, vision therapy, visual rehabilitation, or ocular pharmaceutical agents.

(5) Prescribes or manages contact lenses for refractive, cosmetic, or therapeutic purposes.

(6) Evaluates the need for, or prescribes, low vision aids to partially sighted persons.

(7) Diagnoses or treats any ocular abnormality, disease, or visual or muscular anomaly of the human eye or visual system.

(8) Practices, or offers or attempts to practice, optometry as defined in this Act either on his or her own behalf or as an employee of a person, firm, or corporation, whether under the supervision of his or her employer or not.

Nothing in this Section shall be interpreted (i) to prevent a person from functioning as an assistant under the direct supervision of a person licensed by the State of Illinois to practice optometry or medicine in all of its branches or (ii) to prohibit visual screening programs that are conducted without a fee (other than voluntary donations), by charitable organizations acting in the public welfare under the SB0509 Enrolled - 27 - LRB095 10560 RAS 30780 b supervision of a committee composed of persons licensed by the State of Illinois to practice optometry or persons licensed by the State of Illinois to practice medicine in all of its branches.

(b) When, in the course of providing optometric services to any person, an optometrist licensed under this Act finds an indication of a disease or condition of the eye which in his or her professional judgment requires professional service outside the scope of practice as defined in this Act, he or she shall refer such person to a physician licensed to practice medicine in all of its branches, or other appropriate health care practitioner.

Nothing in this Act shall preclude an optometrist from rendering appropriate nonsurgical emergency care.

(c) Nothing contained in this Section shall prohibit a person from manufacturing ophthalmic lenses and prisms or the fabrication of contact lenses according to the specifications prescribed by an optometrist or a physician licensed to practice medicine in all of its branches, but shall specifically prohibit the sale or delivery of ophthalmic lenses, prisms, and contact lenses without a prescription signed by an optometrist or a physician licensed to practice medicine in all of its branches.

(d) Nothing in this Act shall restrict the filling of a prescription by a pharmacist licensed under the Pharmacy Practice Act of 1987.

SB0509 Enrolled - 28 - LRB095 10560 RAS 30780 b (Source:

P.A.

94-787, eff.

5-19-06.) Section 70.

The Pharmacy Practice Act of 1987 is amended by changing Sections 2, 3, 5, 6, 7, 7.5, 8, 9, 10, 11, 12, 13, 15, 16, 16a, 17, 17.1, 18, 19, 20, 22, 22a, 25, 26, 27, 30, 35.1, 35.2, 35.5, 35.7, 35.10, 35.12, 35.16, and 35.19 and by adding Sections 2.5, 9.5, 14.1, 16b, 22b, 25.5, 25.10, 25.15, and 25.20 as follows:

(225 ILCS 85/2) (from Ch.

111, par.

4122) (Section scheduled to be repealed on January 1, 2008) Sec.

2.

This Act shall be known as the " Pharmacy Practice Act of 1987".

(Source:

P.A.

85-796.) (225 ILCS 85/2.5 new) Sec.

2.5.

References to Department or Director of Professional Regulation.

References in this Act (i) to the Department of Professional Regulation are deemed, in appropriate contexts, to be references to the Department of Financial and Professional Regulation and (ii) to the Director of Professional Regulation are deemed, in appropriate contexts, to be references to the Secretary of Financial and Professional Regulation.

(225 ILCS 85/3) (from Ch.

111, par.

4123) SB0509 Enrolled - 29 - LRB095 10560 RAS 30780 b (Section scheduled to be repealed on January 1, 2008) Sec.

3.

Definitions.

For the purpose of this Act, except where otherwise limited therein:

(a) "Pharmacy" or "drugstore" means and includes every store, shop, pharmacy department, or other place where pharmacist pharmaceutical care is provided by a pharmacist (1) where drugs, medicines, or poisons are dispensed, sold or offered for sale at retail, or displayed for sale at retail;

or (2) where prescriptions of physicians, dentists, advanced practice nurses, physician assistants, veterinarians, podiatrists, or therapeutically certified optometrists, within the limits of their licenses, are compounded, filled, or dispensed;

or (3) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore", "Medicine Store", "Prescriptions", "Drugs", "Dispensary", "Medicines", or any word or words of similar or like import, either in the English language or any other language;

or (4) where the characteristic prescription sign (Rx) or similar design is exhibited;

or (5) any store, or shop, or other place with respect to which any of the above words, objects, signs or designs are used in any advertisement.

(b) "Drugs" means and includes (l) articles recognized in the official United States Pharmacopoeia/National Formulary (USP/NF), or any supplement thereto and being intended for and SB0509 Enrolled - 30 - LRB095 10560 RAS 30780 b having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories;

and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories;

and (3) articles (other than food) having for their main use and intended to affect the structure or any function of the body of man or other animals;

and (4) articles having for their main use and intended for use as a component or any articles specified in clause (l), (2) or (3);

but does not include devices or their components, parts or accessories.

(c) "Medicines" means and includes all drugs intended for human or veterinary use approved by the United States Food and Drug Administration.

(d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring, evaluation, and implementation of prescription drug orders;

(2) the dispensing of prescription drug orders;

(3) participation in drug and device selection;

(4) drug administration limited to the administration of oral, topical, injectable, and inhalation as follows:

in the context of patient education on the proper use or delivery of medications;

vaccination of patients 14 years of SB0509 Enrolled - 31 - LRB095 10560 RAS 30780 b age and older pursuant to a valid prescription or standing order, by a physician licensed to practice medicine in all its branches, upon completion of appropriate training, including how to address contraindications and adverse reactions set forth by rule, with notification to the patient’s physician and appropriate record retention, or pursuant to hospital pharmacy and therapeutics committee policies and procedures;

(5) drug regimen review;

(6) drug or drug-related research;

(7) the provision of patient counseling;

(8) the practice of telepharmacy;

(9) the provision of those acts or services necessary to provide pharmacist care;

(10) medication therapy management;

and (11) the responsibility for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially packaged legend drugs and devices), proper and safe storage of drugs and devices, and maintenance of required records.

A pharmacist who performs any of the acts defined as the practice of pharmacy in this State must be actively licensed as a pharmacist under this Act.

means the provision of pharmaceutical care to patients as determined by the pharmacist’s professional judgment in the following areas, which may include but are not limited to (1) patient counseling, (2) interpretation and assisting in the monitoring of appropriate drug use and prospective drug utilization review, (3) providing information on the therapeutic values, reactions, drug interactions, side effects, uses, selection of SB0509 Enrolled - 32 - LRB095 10560 RAS 30780 b medications and medical devices, and outcome of drug therapy, (4) participation in drug selection, drug monitoring, drug utilization review, evaluation, administration, interpretation, application of pharmacokinetic and laboratory data to design safe and effective drug regimens, (5) drug research (clinical and scientific), and (6) compounding and dispensing of drugs and medical devices.

(e) "Prescription" means and includes any written, oral, facsimile, or electronically transmitted order for drugs or medical devices, issued by a physician licensed to practice medicine in all its branches, dentist, veterinarian, or podiatrist, or therapeutically certified optometrist, within the limits of their licenses, by a physician assistant in accordance with subsection (f) of Section 4, or by an advanced practice nurse in accordance with subsection (g) of Section 4, containing the following:

(l) name of the patient;

(2) date when prescription was issued;

(3) name and strength of drug or description of the medical device prescribed;

and (4) quantity, (5) directions for use, (6) prescriber’s name, address and signature, and (7) DEA number where required, for controlled substances.

DEA numbers shall not be required on inpatient drug orders.

(f) "Person" means and includes a natural person, copartnership, association, corporation, government entity, or any other legal entity.

(g) "Department" means the Department of Financial and SB0509 Enrolled - 33 - LRB095 10560 RAS 30780 b Professional Regulation.

(h) "Board of Pharmacy" or "Board" means the State Board of Pharmacy of the Department of Financial and Professional Regulation.

(i) "Secretary" "Director" means the Secretary Director of Financial and Professional Regulation.

(j) "Drug product selection" means the interchange for a prescribed pharmaceutical product in accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act.

(k) "Inpatient drug order" means an order issued by an authorized prescriber for a resident or patient of a facility licensed under the Nursing Home Care Act or the Hospital Licensing Act, or "An Act in relation to the founding and operation of the University of Illinois Hospital and the conduct of University of Illinois health care programs", approved July 3, 1931, as amended, or a facility which is operated by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or the Department of Corrections.

(k-5) "Pharmacist" means an individual health care professional and provider currently licensed by this State to engage in the practice of pharmacy.

(l) "Pharmacist in charge" means the licensed pharmacist whose name appears on a pharmacy license and who is responsible for all aspects of the operation related to the practice of SB0509 Enrolled - 34 - LRB095 10560 RAS 30780 b pharmacy.

(m) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient’s agent in a suitable container appropriately labeled for subsequent administration to or use by a patient in accordance with applicable State and federal laws and regulations.

delivery of drugs and medical devices, in accordance with applicable State and federal laws and regulations, to the patient or the patient’s representative authorized to receive these products, including the preparation, compounding, packaging, and labeling necessary for delivery, computer entry, and verification of medication orders and prescriptions, and any recommending or advising concerning the contents and therapeutic values and uses thereof.

"Dispense" or "dispensing" does not mean the physical delivery to a patient or a patient’s representative in a home or institution by a designee of a pharmacist or by common carrier.

"Dispense" or "dispensing" also does not mean the physical delivery of a drug or medical device to a patient or patient’s representative by a pharmacist’s designee within a pharmacy or drugstore while the pharmacist is on duty and the pharmacy is open.

(n) "Nonresident pharmacy" "Mail-order pharmacy" means a pharmacy that is located in a state, commonwealth, or territory of the United States, other than Illinois, that delivers, SB0509 Enrolled - 35 - LRB095 10560 RAS 30780 b dispenses, or distributes, through the United States Postal Service, commercially acceptable parcel delivery service, or other common carrier, to Illinois residents, any substance which requires a prescription.

(o) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a prescriber’s prescription drug order or initiative based on the prescriber-patient-pharmacist relationship in the course of professional practice or (2) for the purpose of, or incident to, research, teaching, or chemical analysis and not for sale or dispensing.

"Compounding" includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed dispensing patterns.

Commercially available products may be compounded for dispensing to individual patients only if all of the following conditions are met:

(i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet the patient’s needs and (ii) the prescribing practitioner has requested that the drug be compounded., mixing, assembling, packaging, or labeling of a drug or medical device:

(1) as the result of a practitioner’s prescription drug order or initiative that is dispensed pursuant to a prescription in the course of professional practice;

or (2) for the purpose of, or incident to, research, teaching, or chemical analysis;

or (3) in anticipation of prescription drug orders based on routine, regularly observed SB0509 Enrolled - 36 - LRB095 10560 RAS 30780 b prescribing patterns.

(p) (Blank).

"Confidential information" means information, maintained by the pharmacist in the patient’s records, released only (i) to the patient or, as the patient directs, to other practitioners and other pharmacists or (ii) to any other person authorized by law to receive the information.

(q) (Blank).

"Prospective drug review" or "drug utilization evaluation" means a screening for potential drug therapy problems due to therapeutic duplication, drug-disease contraindications, drug-drug interactions (including serious interactions with nonprescription or over-the-counter drugs), drug-food interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse.

(r) "Patient counseling" means the communication between a pharmacist or a pharmacy intern under the supervision of a pharmacist and a patient or the patient’s representative about the patient’s medication or device for the purpose of optimizing proper use of prescription medications or devices.

"Patient counseling" may include without limitation (1) obtaining a medication history;

(2) acquiring a patient’s allergies and health conditions;

(3) facilitation of the patient’s understanding of the intended use of the medication;

(4) proper directions for use;

(5) significant potential adverse events;

(6) potential food-drug interactions;

and (7) the need to be compliant with the medication therapy.

A SB0509 Enrolled - 37 - LRB095 10560 RAS 30780 b pharmacy technician may only participate in the following aspects of patient counseling under the supervision of a pharmacist:

(1) obtaining medication history;

(2) providing the offer for counseling by a pharmacist or intern;

and (3) acquiring a patient’s allergies and health conditions.

or a student pharmacist under the direct supervision of a pharmacist and a patient or the patient’s representative about the patient’s medication or device for the purpose of optimizing proper use of prescription medications or devices.

The offer to counsel by the pharmacist or the pharmacist’s designee, and subsequent patient counseling by the pharmacist or student pharmacist, shall be made in a face-to-face communication with the patient or patient’s representative unless, in the professional judgment of the pharmacist, a face-to-face communication is deemed inappropriate or unnecessary.

In that instance, the offer to counsel or patient counseling may be made in a written communication, by telephone, or in a manner determined by the pharmacist to be appropriate.

(s) "Patient profiles" or "patient drug therapy record" means the obtaining, recording, and maintenance of patient prescription information, including prescriptions for controlled substances, and personal information.

(t) (Blank).

"Pharmaceutical care" includes, but is not limited to, the act of monitoring drug use and other patient care services intended to achieve outcomes that improve the patient’s quality of life but shall not include the sale of SB0509 Enrolled - 38 - LRB095 10560 RAS 30780 b over-the-counter drugs by a seller of goods and services who does not dispense prescription drugs.

(u) "Medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component part or accessory, required under federal law to bear the label "Caution:

Federal law requires dispensing by or on the order of a physician".

A seller of goods and services who, only for the purpose of retail sales, compounds, sells, rents, or leases medical devices shall not, by reasons thereof, be required to be a licensed pharmacy.

(v) "Unique identifier" means an electronic signature, handwritten signature or initials, thumb print, or other acceptable individual biometric or electronic identification process as approved by the Department.

(w) "Current usual and customary retail price" means the actual price that a pharmacy charges to a non-third-party payor a retail purchaser.

(x) "Automated pharmacy system" means a mechanical system located within the confines of the pharmacy or remote location that performs operations or activities, other than compounding or administration, relative to storage, packaging, dispensing, or distribution of medication, and which collects, controls, and maintains all transaction information.

(y) "Drug regimen review" means and includes the evaluation of prescription drug orders and patient records for (1) known SB0509 Enrolled - 39 - LRB095 10560 RAS 30780 b allergies;

(2) drug or potential therapy contraindications;

(3) reasonable dose, duration of use, and route of administration, taking into consideration factors such as age, gender, and contraindications;

(4) reasonable directions for use;

(5) potential or actual adverse drug reactions;

(6) drug-drug interactions;

(7) drug-food interactions;

(8) drug-disease contraindications;

(9) therapeutic duplication;

(10) patient laboratory values when authorized and available;

(11) proper utilization (including over or under utilization) and optimum therapeutic outcomes;

and (12) abuse and misuse.

(z) "Electronic transmission prescription" means any prescription order for which a facsimile or electronic image of the order is electronically transmitted from a licensed prescriber to a pharmacy.

"Electronic transmission prescription" includes both data and image prescriptions.

(aa) "Medication therapy management services" means a distinct service or group of services offered by licensed pharmacists, physicians licensed to practice medicine in all its branches, advanced practice nurses authorized in a written agreement with a physician licensed to practice medicine in all its branches, or physician assistants authorized in guidelines by a supervising physician that optimize therapeutic outcomes for individual patients through improved medication use.

In a retail or other non-hospital pharmacy, medication therapy management services shall consist of the evaluation of prescription drug orders and patient medication records to SB0509 Enrolled - 40 - LRB095 10560 RAS 30780 b resolve conflicts with the following:

(1) known allergies;

(2) drug or potential therapy contraindications;

(3) reasonable dose, duration of use, and route of administration, taking into consideration factors such as age, gender, and contraindications;

(4) reasonable directions for use;

(5) potential or actual adverse drug reactions;

(6) drug-drug interactions;

(7) drug-food interactions;

(8) drug-disease contraindications;

(9) identification of therapeutic duplication;

(10) patient laboratory values when authorized and available;

(11) proper utilization (including over or under utilization) and optimum therapeutic outcomes;

and (12) drug abuse and misuse.

"Medication therapy management services" includes the following:

(1) documenting the services delivered and communicating the information provided to patients’ prescribers within an appropriate time frame, not to exceed 48 hours;

(2) providing patient counseling designed to enhance a patient’s understanding and the appropriate use of his or her medications;

and SB0509 Enrolled - 41 - LRB095 10560 RAS 30780 b (3) providing information, support services, and resources designed to enhance a patient’s adherence with his or her prescribed therapeutic regimens.

"Medication therapy management services" may also include patient care functions authorized by a physician licensed to practice medicine in all its branches for his or her identified patient or groups of patients under specified conditions or limitations in a standing order from the physician.

"Medication therapy management services" in a licensed hospital may also include the following:

(1) reviewing assessments of the patient’s health status;

and (2) following protocols of a hospital pharmacy and therapeutics committee with respect to the fulfillment of medication orders.

(bb) "Pharmacist care" means the provision by a pharmacist of medication therapy management services, with or without the dispensing of drugs or devices, intended to achieve outcomes that improve patient health, quality of life, and comfort and enhance patient safety.

(cc) "Protected health information" means individually identifiable health information that, except as otherwise provided, is:

(1) transmitted by electronic media;

(2) maintained in any medium set forth in the definition of "electronic media" in the federal Health SB0509 Enrolled - 42 - LRB095 10560 RAS 30780 b Insurance Portability and Accountability Act;

or (3) transmitted or maintained in any other form or medium.

"Protected health information" does not include individually identifiable health information found in:

(1) education records covered by the federal Family Educational Right and Privacy Act;

or (2) employment records held by a licensee in its role as an employer.

(dd) "Standing order" means a specific order for a patient or group of patients issued by a physician licensed to practice medicine in all its branches in Illinois.

(ee) "Address of record" means the address recorded by the Department in the applicant’s or licensee’s application file or license file, as maintained by the Department’s licensure maintenance unit.

(ff) "Home pharmacy" means the location of a pharmacy’s primary operations.

(Source:

P.A.

93-571, eff.

8-20-03;

93-1075, eff.

1-18-05;

94-459, eff.

1-1-06.) (225 ILCS 85/5) (from Ch.

111, par.

4125) (Section scheduled to be repealed on January 1, 2008) Sec.

5.

Application of Act.

(a) It shall be unlawful for any person to engage in the practice of pharmacy in this State and it shall be unlawful for SB0509 Enrolled - 43 - LRB095 10560 RAS 30780 b any employer to allow any person in his or her employ to engage in the practice of pharmacy in this State, unless such person who shall engage in the practice of pharmacy in this State shall be first authorized to do so under the provisions of this Act.

(b) Nothing contained in this Act shall be construed to invalidate any existing valid and unexpired certificate of registration, nor any existing rights or privileges thereunder, of any registered pharmacist, registered assistant pharmacist, local registered pharmacist, or registered pharmacy apprentice, in force on January 1, 1956 and issued under any prior Act of this State also in force on January 1, 1956.

Every person holding such a certificate of registration shall have the authority to practice under this Act, but shall be subject to the same limitations and restrictions as were applicable to him or her in the Act under which his or her certificate of registration was issued.

Each such certificate may be renewed as provided in Section 12.

(c) It shall be unlawful for any person to take, use or exhibit any word, object, sign or design described in subsection (a) of Section 3 in connection with any drug store, shop or other place or in any other manner to advertise or hold himself out as operating or conducting a drug store unless such drug store, shop, pharmacy department or other place shall be operated and conducted in compliance with the provisions of this Act.

SB0509 Enrolled - 44 - LRB095 10560 RAS 30780 b (d) Nothing in this Act shall be construed to authorize a pharmacist to prescribe or perform medical diagnosis of human ailments or conditions.

(Source:

P.A.

90-253, eff.

7-29-97.) (225 ILCS 85/6) (from Ch.

111, par.

4126) (Section scheduled to be repealed on January 1, 2008) Sec.

6.

Each individual seeking licensure as a registered pharmacist shall make application to the Department and shall provide evidence of the following:

1.

that he or she is a United States citizen or legally admitted alien;

2.

that he or she has not engaged in conduct or behavior determined to be grounds for discipline under this Act;

3.

that he or she is a graduate of a first professional degree program in pharmacy of a university recognized and approved by the Department;

4.

that he or she has successfully completed a program of practice experience under the direct supervision of a registered pharmacist in a pharmacy in this State, or in any other State;

and 5.

that he or she has passed an examination recommended by the Board of Pharmacy and authorized by the Department.