Illinois 96th Regular Session Status: Enacted

HB 1293 — PHARM PRACT ACT-STUDENT PHARM

Last action — Public Act . . . . . . . . . 96-0673

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

This bill has been enacted into law. Introduced February 11, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Pharmacy Practice Act. Replaces "pharmacy intern" with "student pharmacist". Provides that any person may apply and successfully register with the Department as a student pharmacist if he or she provides proof that he or she is actively enrolled in a course of study for his or her first professional degree in pharmacy at an ACPE accredited college of pharmacy and has not engaged in conduct or behavior determined to be grounds for discipline under this Act. Provides that once a student pharmacist receives his or her certificate of registration from the Department, he or she may, under the supervision of a licensed pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist. Provides that the any person who is enrolled in a non-traditional Pharm.D. program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another U.S. jurisdiction shall be permitted to engage in the program of practice experience required in the academic program by virtue of such license and shall be exempt from the requirement of registration as a student pharmacist. Effective December 31, 2009.

Bill Text

What changed in the latest version

464 added · 173 removed

Plain-language change summary

The recent changes to Bill HB 1293 include the addition of a new section that allows individuals to register as student pharmacists if they are enrolled in a pharmacy degree program. This is significant because it creates a pathway for students to gain recognition and potentially work in pharmacy-related roles while they complete their education. Additionally, some earlier provisions regarding pharmacy technicians were removed, which may streamline the registration process for these positions. Overall, these updates aim to enhance opportunities for students in the pharmacy field and simplify the regulatory framework.

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HB1293 Engrossed LRB096 09536 ASK 19695 b AN ACT concerning professional regulation.
HB1293 Enrolled LRB096 09536 ASK 19695 b AN ACT concerning professional regulation.
The Pharmacy Practice Act is amended by changing Sections 3, 9, and 25.15 and by adding Section 8.5 as follows:
The Pharmacy Practice Act is amended by changing Sections 3, 9, 9.5, 16a, 25.15, 30, and 35.16 as follows:
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, HB1293 Engrossed - 2 - LRB096 09536 ASK 19695 b 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 similar or like import, HB1293 Enrolled - 2 - LRB096 09536 ASK 19695 b either in the English language or any other language;
HB1293 Engrossed - 3 - LRB096 09536 ASK 19695 b (d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring, evaluation, and implementation of prescription drug orders;
HB1293 Enrolled - 3 - LRB096 09536 ASK 19695 b (d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring, evaluation, and implementation of prescription drug orders;
A pharmacist who performs any of the acts defined as the practice of pharmacy in this State must be HB1293 Engrossed - 4 - LRB096 09536 ASK 19695 b actively licensed as a pharmacist under this Act.
A pharmacist who performs any of the acts defined as the practice of pharmacy in this State must be HB1293 Enrolled - 4 - LRB096 09536 ASK 19695 b actively licensed as a pharmacist under this Act.
(j) "Drug product selection" means the interchange for a HB1293 Engrossed - 5 - LRB096 09536 ASK 19695 b prescribed pharmaceutical product in accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act.
(j) "Drug product selection" means the interchange for a HB1293 Enrolled - 5 - LRB096 09536 ASK 19695 b prescribed pharmaceutical product in accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act.
(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 HB1293 Engrossed - 6 - LRB096 09536 ASK 19695 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 HB1293 Enrolled - 6 - LRB096 09536 ASK 19695 b laws and regulations.
Commercially available products may be compounded for dispensing to individual patients only if all of the HB1293 Engrossed - 7 - LRB096 09536 ASK 19695 b following conditions are met:
Commercially available products may be compounded for dispensing to individual patients only if all of the HB1293 Enrolled - 7 - LRB096 09536 ASK 19695 b following conditions are met:
(s) "Patient profiles" or "patient drug therapy record" HB1293 Engrossed - 8 - LRB096 09536 ASK 19695 b means the obtaining, recording, and maintenance of patient prescription information, including prescriptions for controlled substances, and personal information.
(s) "Patient profiles" or "patient drug therapy record" HB1293 Enrolled - 8 - LRB096 09536 ASK 19695 b means the obtaining, recording, and maintenance of patient prescription information, including prescriptions for controlled substances, and personal information.
(w) "Current usual and customary retail price" means the price that a pharmacy charges to a non-third-party payor .
(w) "Current usual and customary retail price" means the price that a pharmacy charges to a non-third-party payor.
(y) "Drug regimen review" means and includes the evaluation HB1293 Engrossed - 9 - LRB096 09536 ASK 19695 b of prescription drug orders and patient records for (1) known allergies;
(y) "Drug regimen review" means and includes the evaluation HB1293 Enrolled - 9 - LRB096 09536 ASK 19695 b of prescription drug orders and patient records for (1) known allergies;
In a retail or other non-hospital pharmacy, medication therapy management services shall consist of the evaluation of HB1293 Engrossed - 10 - LRB096 09536 ASK 19695 b prescription drug orders and patient medication records to resolve conflicts with the following:
In a retail or other non-hospital pharmacy, medication therapy management services shall consist of the evaluation of HB1293 Enrolled - 10 - LRB096 09536 ASK 19695 b prescription drug orders and patient medication records to resolve conflicts with the following:
(2) providing patient counseling designed to enhance a patient's understanding and the appropriate use of his or HB1293 Engrossed - 11 - LRB096 09536 ASK 19695 b her medications;
(2) providing patient counseling designed to enhance a patient's understanding and the appropriate use of his or HB1293 Enrolled - 11 - LRB096 09536 ASK 19695 b her medications;
(2) maintained in any medium set forth in the HB1293 Engrossed - 12 - LRB096 09536 ASK 19695 b definition of "electronic media" in the federal Health Insurance Portability and Accountability Act;
(2) maintained in any medium set forth in the HB1293 Enrolled - 12 - LRB096 09536 ASK 19695 b definition of "electronic media" in the federal Health Insurance Portability and Accountability Act;
10-29-07.) (225 ILCS 85/8.5 new) Sec.
10-29-07.) (225 ILCS 85/9) (from Ch.
8.5.
Registration as a student pharmacist.
(a) Any person may register with the Department as a student pharmacist if he or she provides proof that he or she is actively enrolled in a course of study for his or her first HB1293 Engrossed - 13 - LRB096 09536 ASK 19695 b professional degree in pharmacy at a college of pharmacy accredited by the Accreditation Council for Pharmacy Education (ACPE), has not engaged in conduct or behavior determined to be grounds for discipline under this Act, and has filed a written application for registration on a form to be prescribed and furnished by the Department for that purpose.
(b) The Department shall issue a certificate of registration as a student pharmacist to any applicant who has qualified under subsection (a) of this Section, and such registration shall be the sole authority required to assist licensed pharmacists in the practice of pharmacy.
A student pharmacist may, under the supervision of a pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist.
The Department, upon the recommendation of the Board, may take any action set forth in Section 30 of this Act with regard to certificates issued by the Department pursuant to this Section.
(c) The Department may require verification of active enrollment of a student pharmacist applicant from his or her college of pharmacy and may request regular enrollment updates from colleges of pharmacy in this State and other states.
(d) Any person who is enrolled in a non-traditional Pharm.D.
program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another U.S.
jurisdiction shall be permitted to engage in the program of HB1293 Engrossed - 14 - LRB096 09536 ASK 19695 b practice experience required in the academic program by virtue of such license.
Such person shall be exempt from the requirement of registration as a student pharmacist while engaged in the program of practice experience required in the academic program.
(e) An applicant for registration as a student pharmacist may assist a pharmacist in the practice of pharmacy for a period of up to 90 days prior to the issuance of a certificate of registration if the applicant has submitted the required fee and an application for registration to the Department.
The applicant shall keep a copy of the submitted application on the premises where the applicant is assisting in the practice of pharmacy.
The Department shall forward confirmation of receipt of the application with start and expiration dates of practice pending registration.
(225 ILCS 85/9) (from Ch.
Any person shall be entitled to registration as a registered pharmacy technician who is of the age of 16 or over, has not engaged in conduct or behavior determined to be grounds for discipline under this Act, is attending or has graduated from an accredited high school or comparable school or educational institution or received a GED, and has filed a written application for registration on a form to be prescribed and HB1293 Engrossed - 15 - LRB096 09536 ASK 19695 b furnished by the Department for that purpose.
Any person shall be entitled to registration as a registered pharmacy technician who is of the age of 16 or over, has not engaged in HB1293 Enrolled - 13 - LRB096 09536 ASK 19695 b conduct or behavior determined to be grounds for discipline under this Act, is attending or has graduated from an accredited high school or comparable school or educational institution or received a GED, and has filed a written application for registration on a form to be prescribed and furnished by the Department for that purpose.
Beginning on January 1, 2010, within 2 years after being employed as a registered technician, a pharmacy technician must become certified by successfully passing the Pharmacy Technician Certification Board (PTCB) examination or another Board-approved pharmacy technician examination in order to continue to perform pharmacy technician's duties.
Beginning on January 1, 2010, within 2 years after initial registration being employed as a registered technician, a pharmacy technician must become certified by successfully passing the Pharmacy Technician Certification Board (PTCB) examination or another Board-approved pharmacy technician examination and register as a certified pharmacy technician with the Department in order to continue to perform pharmacy HB1293 Enrolled - 14 - LRB096 09536 ASK 19695 b technician's duties.
This requirement does not apply to pharmacy technicians hired prior to January 1, 2008.
This requirement does not apply to pharmacy technicians registered hired prior to January 1, 2008.
Any person registered as a pharmacy technician who is also enrolled in a first professional degree program in pharmacy in a school or college of pharmacy or a department of pharmacy of a university approved by the Department shall be considered a HB1293 Engrossed - 16 - LRB096 09536 ASK 19695 b "pharmacy intern" and entitled to use the title "pharmacy intern".
Any person registered as a pharmacy technician who is also enrolled in a first professional degree program in pharmacy in a school or college of pharmacy or a department of pharmacy of a university approved by the Department or has graduated from such a program within the last 18 months, shall be considered a "student pharmacist pharmacy intern" and entitled to use the title "student pharmacist" pharmacy intern".
A pharmacy intern must meet all of the requirements for registration as a pharmacy technician set forth in this Section and pay the required pharmacy technician registration fees .
A student pharmacist pharmacy intern must meet all of the requirements for registration as a pharmacy technician set forth in this Section excluding the requirement of certification prior to the second registration renewal and pay the required pharmacy technician registration fees.
The Department, upon the recommendation of the Board, may take any action set forth in Section 30 of this Act with regard to certificates pursuant to this Section.
A student pharmacist may, under the supervision of a pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist.
Any person seeking licensure as a pharmacist who has graduated from a pharmacy program outside the United States must register as a pharmacy technician and shall be considered a "student pharmacist" and be entitled to use the title "student pharmacist" while completing the 1,200 clinical hours of training approved by the Board of Pharmacy described and for no more than 18 months after completion of these hours.
These individuals are not required to become certified pharmacy technicians while completing their Board approved clinical HB1293 Enrolled - 15 - LRB096 09536 ASK 19695 b training, but must become licensed as a pharmacist or become a certified pharmacy technician before the second pharmacy technician registration renewal following completion of the Board approved clinical training.
The Department shall not renew the pharmacy technician license of any person who has been registered as a "student pharmacist" and has dropped out of or been expelled from an ACPE accredited college of pharmacy, who has failed to complete his or her 1,200 hours of Board approved clinical training within 24 months or who has failed the pharmacist licensure examination 3 times and shall require these individuals to meet the requirements of and become registered a certified pharmacy technician.
The Department, upon the recommendation of the Board, may take any action set forth in Section 30 of this Act with regard to registrations certificates pursuant to this Section.
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An applicant for registration as a pharmacy technician may assist a pharmacist in the practice of pharmacy for a period of up to 60 days prior to the issuance of a certificate of registration if the applicant has submitted the required fee and an application for registration to the Department.
An applicant for registration as a pharmacy technician may HB1293 Enrolled - 16 - LRB096 09536 ASK 19695 b assist a pharmacist in the practice of pharmacy for a period of up to 60 days prior to the issuance of a certificate of registration if the applicant has submitted the required fee and an application for registration to the Department.
The Department shall forward confirmation of receipt of the application with start and expiration dates of practice HB1293 Engrossed - 17 - LRB096 09536 ASK 19695 b pending registration.
The Department shall forward confirmation of receipt of the application with start and expiration dates of practice pending registration.
10-29-07.) (225 ILCS 85/9.5) (Section scheduled to be repealed on January 1, 2018) Sec.
9.5.
Certified pharmacy technician.
(a) An individual registered as a pharmacy technician under this Act may be registered receive certification as a certified pharmacy technician, if he or she meets all of the following requirements:
(1) He or she has submitted a written application in the form and manner prescribed by the Department Board.
(2) He or she has attained the age of 18.
(3) He or she is of good moral character, as determined by the Department.
(4) He or she has (i) graduated from pharmacy technician training meeting the requirements set forth in subsection (a) of Section 17.1 of this Act or (ii) obtained HB1293 Enrolled - 17 - LRB096 09536 ASK 19695 b documentation from the pharmacist-in-charge of the pharmacy where the applicant is employed verifying that he or she has successfully completed a training program and has successfully completed an objective assessment mechanism prepared in accordance with rules established by the Department Board.
(5) He or she has successfully passed an examination accredited by the National Organization of Certifying Agencies, as approved and required by the Board.
(6) He or she has paid the required certification fees.
(b) No pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary purposes may be eligible to be registered as a certified pharmacy technician.
(c) The Department Board may, by rule, establish any additional requirements for certification under this Section.
(d) A person who is not a registered pharmacy technician and meets the requirements of this Section may register as a certified pharmacy technician without first registering as a pharmacy technician.
(Source:
P.A.
95-689, eff.
10-29-07.) (225 ILCS 85/16a) (from Ch.
111, par.
4136a) (Section scheduled to be repealed on January 1, 2018) Sec.
16a.
(a) The Department shall establish rules and regulations, consistent with the provisions of this Act, governing nonresident pharmacies, including pharmacies HB1293 Enrolled - 18 - LRB096 09536 ASK 19695 b providing services via the Internet, which sell, or offer for sale, drugs, medicines, or other pharmaceutical services in this State.
(b) The Department Board shall require and provide for an annual nonresident special pharmacy registration for all pharmacies located outside of this State that dispense medications for Illinois residents and mail, ship, or deliver prescription medications into this State.
Nonresident special pharmacy registration shall be granted by the Department Board upon the disclosure and certification by a pharmacy:
(1) that it is licensed in the state in which the dispensing facility is located and from which the drugs are dispensed;
(2) of the location, names, and titles of all principal corporate officers and all pharmacists who are dispensing drugs to residents of this State;
(3) that it complies with all lawful directions and requests for information from the board of pharmacy of each state in which it is licensed or registered, except that it shall respond directly to all communications from the Board or Department concerning any emergency circumstances arising from the dispensing of drugs to residents of this State;
(4) that it maintains its records of drugs dispensed to residents of this State so that the records are readily retrievable from the records of other drugs dispensed;
HB1293 Enrolled - 19 - LRB096 09536 ASK 19695 b (5) that it cooperates with the Board or Department in providing information to the board of pharmacy of the state in which it is licensed concerning matters related to the dispensing of drugs to residents of this State;
and (6) that during its regular hours of operation, but not less than 6 days per week, for a minimum of 40 hours per week, a toll-free telephone service is provided to facilitate communication between patients in this State and a pharmacist at the pharmacy who has access to the patients' records.
The toll-free number must be disclosed on the label affixed to each container of drugs dispensed to residents of this State.
(Source:
P.A.
95-689, eff.
(1) All events involving the contents of an automated pharmacy system must be stored in a secure location and may be recorded electronically.
HB1293 Enrolled - 20 - LRB096 09536 ASK 19695 b (1) All events involving the contents of an automated pharmacy system must be stored in a secure location and may be recorded electronically.
(A) be responsible for the practice of telepharmacy performed at a remote pharmacy, including the supervision of any prescription dispensing machine HB1293 Engrossed - 18 - LRB096 09536 ASK 19695 b or automated medication system;
(A) be responsible for the practice of telepharmacy performed at a remote pharmacy, including the supervision of any prescription dispensing machine or automated medication system;
and (E) ensure that patient counseling at the remote pharmacy is performed by a pharmacist or student pharmacist pharmacist intern.
and (E) ensure that patient counseling at the remote pharmacy is performed by a pharmacist or student HB1293 Enrolled - 21 - LRB096 09536 ASK 19695 b pharmacist pharmacist intern.
10-29-07.) Section 99.
10-29-07.) (225 ILCS 85/30) (from Ch.
Effective date.
111, par.
This Act takes effect upon becoming law.
4150) (Section scheduled to be repealed on January 1, 2018) Sec.
30.
Refusal, revocation, or suspension.
(a) The Department may refuse to issue or renew, or may revoke a license or registration, or may suspend, place on probation, fine, or take any disciplinary or non-disciplinary action as the Department may deem proper, including fines not to exceed $10,000 for each violation, with regard to any licensee or registrant In accordance with Section 11 of this Act, the Department may refuse to issue, restore, or renew, or may revoke, suspend, place on probation, or reprimand as the Department may deem proper with regard to any license or certificate of registration or may impose a fine upon a licensee or registrant not to exceed $10,000 per violation for any one or combination of the following causes:
1.
Material misstatement in furnishing information to the Department.
2.
Violations of this Act, or the rules promulgated hereunder.
3.
Making any misrepresentation for the purpose of obtaining licenses.
4.
A pattern of conduct which demonstrates incompetence or unfitness to practice.
HB1293 Enrolled - 22 - LRB096 09536 ASK 19695 b 5.
Aiding or assisting another person in violating any provision of this Act or rules.
6.
Failing, within 60 days, to respond to a written request made by the Department for information.
7.
Engaging in unprofessional, dishonorable, or unethical conduct of a character likely to deceive, defraud or harm the public.
8.
Discipline by another U.S.
jurisdiction or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
9.
Directly or indirectly giving to or receiving from any person, firm, corporation, partnership or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered.
10.
A finding by the Department that the licensee, after having his license placed on probationary status has violated the terms of probation.
11.
Selling or engaging in the sale of drug samples provided at no cost by drug manufacturers.
12.
Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgment, skill or safety.
13.
A finding that licensure or registration has been HB1293 Enrolled - 23 - LRB096 09536 ASK 19695 b applied for or obtained by fraudulent means.
14.
The applicant or licensee has been convicted in state or federal court of or entered a plea of guilty, nolo contendere, or the equivalent in a state or federal court to any crime which is a felony or any misdemeanor related to the practice of pharmacy or, of which an essential element is dishonesty.
15.
Habitual or excessive use or addiction to alcohol, narcotics, stimulants or any other chemical agent or drug which results in the inability to practice with reasonable judgment, skill or safety.
16.
Willfully making or filing false records or reports in the practice of pharmacy, including, but not limited to false records to support claims against the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Public Aid Code.
17.
Gross and willful overcharging for professional services including filing false statements for collection of fees for which services are not rendered, including, but not limited to, filing false statements for collection of monies for services not rendered from the medical assistance program of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Public Aid Code.
18.
Dispensing Repetitiously dispensing prescription HB1293 Enrolled - 24 - LRB096 09536 ASK 19695 b drugs without receiving a written or oral prescription in violation of law.
19.
Upon a finding of a substantial discrepancy in a Department audit of a prescription drug, including controlled substances, as that term is defined in this Act or in the Illinois Controlled Substances Act.
20.
Physical or mental illness or any other impairment or disability, including without limitation deterioration through the aging process or loss of motor skills that results in the inability to practice with reasonable judgment, skill or safety, or mental incompetence, as declared by a court of competent jurisdiction.
21.
Violation of the Health Care Worker Self-Referral Act.
22.
Failing to sell or dispense any drug, medicine, or poison in good faith.
"Good faith", for the purposes of this Section, has the meaning ascribed to it in subsection (u) of Section 102 of the Illinois Controlled Substances Act.
"Good faith", as used in this item (22), shall not be limited to the sale or dispensing of controlled substances, but shall apply to all prescription drugs.
23.
Interfering with the professional judgment of a pharmacist by any registrant under this Act, or his or her agents or employees.
24.
Failing to report within 60 days to the Department any adverse final action taken against a pharmacist, HB1293 Enrolled - 25 - LRB096 09536 ASK 19695 b pharmacist technician, or certified pharmacist technician by another licensing jurisdiction in any other state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency, or any court for acts or conduct similar to acts or conduct that would constitute grounds for discipline as defined in this Section.
25.
Failing to comply with a subpoena issued in accordance with Section 35.5 of this Act.
26.
Disclosing protected health information in violation of any State or federal law.
(b) The Department may refuse to issue or may suspend the license or registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
(c) The Department shall revoke the license or certificate of registration issued under the provisions of this Act or any prior Act of this State of any person who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act, or who has been convicted a second time of committing a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code.
A person whose license or certificate of registration issued under the provisions of this HB1293 Enrolled - 26 - LRB096 09536 ASK 19695 b Act or any prior Act of this State is revoked under this subsection (c) shall be prohibited from engaging in the practice of pharmacy in this State.
(d) The Department may adopt rules for the imposition of fines in disciplinary cases, not to exceed $10,000 for each violation of this Act.
Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the exclusive disposition of any disciplinary action arising out of conduct resulting in death or injury to a patient.
Fines shall be paid within 60 days or as otherwise agreed to by the Department.
Any funds collected from such fines shall be deposited in the Illinois State Pharmacy Disciplinary Fund.
(e) The entry of an order or judgment by any circuit court establishing that any person holding a license or certificate under this Act is a person in need of mental treatment operates as a suspension of that license.
A licensee may resume his or her practice only upon the entry of an order of the Department based upon a finding by the Board that he or she has been determined to be recovered from mental illness by the court and upon the Board's recommendation that the licensee be permitted to resume his or her practice.
(f) The Department shall issue quarterly to the Board a status of all complaints related to the profession received by the Department.
(g) In enforcing this Section, the Board or the Department, upon a showing of a possible violation, may compel any licensee HB1293 Enrolled - 27 - LRB096 09536 ASK 19695 b or applicant for licensure under this Act to submit to a mental or physical examination or both, as required by and at the expense of the Department.
The examining physician , or multidisciplinary team involved in providing physical and mental examinations led by a physician consisting of one or a combination of licensed physicians, licensed clinical psychologists, licensed clinical social workers, licensed clinical professional counselors, and other professional and administrative staff, shall be those specifically designated by the Department.
The Board or the Department may order the examining physician or any member of the multidisciplinary team to present testimony concerning this mental or physical examination of the licensee or applicant.
No information, report, or other documents in any way related to the examination shall be excluded by reason of any common law or statutory privilege relating to communication between the licensee or applicant and the examining physician or any member of the multidisciplinary team.
The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.
Failure of any individual to submit to a mental or physical examination when directed shall be grounds for suspension of his or her license until such time as the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.
If the Board finds a pharmacist, certified HB1293 Enrolled - 28 - LRB096 09536 ASK 19695 b pharmacy technician, or pharmacy technician unable to practice because of the reasons set forth in this Section, the Board shall require such pharmacist , certified pharmacy technician, or pharmacy technician to submit to care, counseling, or treatment by physicians or other appropriate health care providers approved or designated by the Board as a condition for continued, reinstated, or renewed licensure to practice.
Any pharmacist, certified pharmacy technician, or pharmacy technician whose license was granted, continued, reinstated, renewed, disciplined, or supervised, subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions or to complete a required program of care, counseling, or treatment, as determined by the chief pharmacy coordinator or a deputy pharmacy coordinator, shall be referred to the Secretary for a determination as to whether the licensee shall have his or her license suspended immediately, pending a hearing by the Board.
In instances in which the Secretary immediately suspends a license under this subsection (g), a hearing upon such person's license must be convened by the Board within 15 days after such suspension and completed without appreciable delay.
The Board shall have the authority to review the subject pharmacist's, certified pharmacy technician's, or pharmacy technician's record of treatment and counseling regarding the impairment.
(Source:
P.A.
95-331, eff.
8-21-07;
95-689, eff.
10-29-07.) HB1293 Enrolled - 29 - LRB096 09536 ASK 19695 b (225 ILCS 85/35.16) (from Ch.
111, par.
4155.16) (Section scheduled to be repealed on January 1, 2018) Sec.
35.16.
The Secretary Director may temporarily suspend the license of a pharmacist or pharmacy, or the registration of a, pharmacy technician or certified pharmacy technician registration as a distributor, without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 35.2 of this Act, if the Secretary Director finds that evidence in his possession indicates that a continuation in practice would constitute an imminent danger to the public.
In the event that the Secretary Director suspends, temporarily, this license or registration certificate without a hearing, a hearing by the Department must be held within 15 days after such suspension has occurred, and be concluded without appreciable delay.
(Source:
P.A.
95-689, eff.
10-29-07.)
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Action History

  1. Public Act . . . . . . . . . 96-0673

  2. Effective Date January 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Floor Amendment No. 2 House Concurs 118-000-000

  7. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  8. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  9. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Angelo Saviano

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

  11. Arrived in House

  12. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  13. Third Reading - Passed; 059-000-000

  14. Placed on Calendar Order of 3rd Reading May 15, 2009

  15. Senate Floor Amendment No. 2 Adopted; Haine

  16. Recalled to Second Reading

  17. Senate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 007-000-000

  18. Placed on Calendar Order of 3rd Reading May 13, 2009

  19. Second Reading

  20. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

  21. Senate Floor Amendment No. 2 Assignments Refers to Licensed Activities

  22. Senate Floor Amendment No. 2 Referred to Assignments

  23. Senate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine

  24. Placed on Calendar Order of 2nd Reading April 28, 2009

  25. Do Pass Licensed Activities; 009-000-000

  26. Senate Committee Amendment No. 1 Held in Licensed Activities

  27. Senate Committee Amendment No. 1 Assignments Refers to Licensed Activities

  28. Senate Committee Amendment No. 1 Referred to Assignments

  29. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  30. Assigned to Licensed Activities

  31. Referred to Assignments

  32. First Reading

  33. Chief Senate Sponsor Sen. William R. Haine

  34. Placed on Calendar Order of First Reading March 26, 2009

  35. Arrive in Senate

  36. Third Reading - Short Debate - Passed 114-000-000

  37. Placed on Calendar Order of 3rd Reading - Short Debate

  38. Held on Calendar Order of Second Reading - Short Debate

  39. Second Reading - Short Debate

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass as Amended / Short Debate Health Care Licenses Committee; 011-000-000

  42. House Committee Amendment No. 1 Adopted in Health Care Licenses Committee; by Voice Vote

  43. House Committee Amendment No. 1 Filed with Clerk by Health Care Licenses Committee

  44. Added Chief Co-Sponsor Rep. Dan Reitz

  45. Assigned to Health Care Licenses Committee

  46. Referred to Rules Committee

  47. First Reading

  48. Filed with the Clerk by Rep. Angelo Saviano

Sponsors

  • Angelo Saviano · Cosponsor

Sponsorship breakdown

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

Sponsors (0)

None.

Co-sponsors (1)

  • Angelo Saviano

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

Passed 118 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 103000
Democrat 11000
Republican 4000
Total 118000
% of votes cast 100%0%0%0%
How each member voted (118)
Member Party Vote
Myers — Yea
Holbrook — Yea
Jackson — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
May — Yea
McAuliffe — Yea
Reitz — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Senger — Yea
Sommer — Yea
Lyons — Yea
Soto — Yea
Thapedi — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Jefferson — Yea
Kosel — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Madigan — Yea
Gordon, Jehan — Yea
Moffitt — Yea
Mulligan — Yea
Nekritz — Yea
Hannig — Yea
Harris — Yea
Phelps — Yea
Pihos — Yea
Watson — Yea
Hernandez — Yea
Tryon — Yea
Howard — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Winters — Yea
Yarbrough — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Graham — Yea
Hamos — Yea
Hatcher — Yea
Jakobsson — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Washington — Yea
Zalewski — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 1000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Bond — Yea
Hendon — Yea
Noland — Yea
McCarter — Yea
Schoenberg — Yea
Silverstein — Yea
Demuzio — Yea
Jacobs — Yea
Dillard — Yea
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Radogno — Yea
Cullerton — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Clayborne — Yea
Cronin — Yea
Dahl — Yea
DeLeo — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Wilhelmi — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Burzynski — Yea
Meeks — Yea
Millner — Yea
Crotty — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 100003
Democrat 11000
Republican 3001
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Jackson — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
Dugan — Yea
Dunkin — Yea
Lyons — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Moffitt — Yea
Myers — Yea
Osmond — Yea
Osterman — Yea
Ryg — Yea
Thapedi — Yea
Tryon — Yea
Bradley — Yea
McGuire — Yea
Turner — Yea
Brady — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Hernandez — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Golar — Yea
Graham — Yea
Hatcher — Yea
Howard — Yea
Mulligan — Not Voting
Gordon, Careen — Not Voting
Pihos — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Jakobsson — Yea
Kosel — Not Voting
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Senger — Yea
Sommer — Yea
Soto — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Froehlich — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Not Voting
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 1293 do?
Amends the Pharmacy Practice Act. Replaces "pharmacy intern" with "student pharmacist". Provides that any person may apply and successfully register with the Department as a student pharmacist if he or she provides proof that he or she is actively enrolled in a course of study for his or her first professional degree in pharmacy at an ACPE accredited college of pharmacy and has not engaged in conduct or behavior determined to be grounds for discipline under this Act. Provides that once a student pharmacist receives his or her certificate of registration from the Department, he or she may, under the supervision of a licensed pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist. Provides that the any person who is enrolled in a non-traditional Pharm.D. program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another U.S. jurisdiction shall be permitted to engage in the program of practice experience required in the academic program by virtue of such license and shall be exempt from the requirement of registration as a student pharmacist. Effective December 31, 2009.
Who sponsors HB 1293?
HB 1293 is sponsored by Angelo Saviano.
What is the current status of HB 1293?
This bill has been enacted into law. Introduced February 11, 2009. Enacted.
Where can I track HB 1293?
Track HB 1293 free on One Click Politics — get push/email alerts when it moves.

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