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2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 85/      Pharmacy Practice Act of 1987.

    (225 ILCS 85/1) (from Ch. 111, par. 4121)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 1. The Practice of Pharmacy in the State of Illinois is declared a professional practice affecting the public health, safety and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be permitted to practice pharmacy in the State of Illinois. This Act shall be liberally construed to carry out these objects and purposes.
(Source: P.A. 85‑796.)

    (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    (Section scheduled to be repealed on January 1, 2008)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 85/3)(from Ch. 111, par. 4123)
    (Section scheduled to be repealed on January 1, 2008)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 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, 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", "Medicines", or any word or words of similar or like import, either in the English language or any other language; or (4) where the characteristic prescription sign (Rx) or similar design is exhibited; or (5) any store, or shop, or other place with respect to which any of the above words, objects, signs or designs are used in any advertisement.
    (b) "Drugs" means and includes (l) articles recognized in the official United States Pharmacopoeia/National Formulary (USP/NF), or any supplement thereto and being intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories; and (2) all other articles intended for and having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts, or accessories; and (3) articles (other than food) having for their main use and intended to affect the structure or any function of the body of man or other animals; and (4) articles having for their main use and intended for use as a component or any articles specified in clause (l), (2) or (3); but does not include devices or their components, parts or accessories.
    (c) "Medicines" means and includes all drugs intended for human or veterinary use approved by the United States Food and Drug Administration.
    (d) "Practice of pharmacy" means 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 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 Professional Regulation.
    (h) "Board of Pharmacy" or "Board" means the State Board of Pharmacy of the Department of Professional Regulation.
    (i) "Director" means the Director of Professional Regulation.
    (j) "Drug product selection" means the interchange for a prescribed pharmaceutical product in accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act.
    (k) "Inpatient drug order" means an order issued by an authorized prescriber for a resident or patient of a facility licensed under the Nursing Home Care Act or the Hospital Licensing Act, or "An Act in relation to the founding and operation of the University of Illinois Hospital and the conduct of University of Illinois health care programs", approved July 3, 1931, as amended, or a facility which is operated by the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) or the Department of Corrections.
    (k‑5) "Pharmacist" means an individual health care professional and provider currently licensed by this State to engage in the practice of pharmacy.
    (l) "Pharmacist in charge" means the licensed pharmacist whose name appears on a pharmacy license and who is responsible for all aspects of the operation related to the practice of pharmacy.
    (m) "Dispense" means the 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" 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" 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) "Mail‑order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residents, any substance which requires a prescription.
    (o) "Compounding" means the preparation, 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 prescribing patterns.
    (p) "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) "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 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) "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 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 a retail purchaser.
(Source: P.A. 93‑571, eff. 8‑20‑03; 93‑1075, eff. 1‑18‑05; 94‑459, eff. 1‑1‑06.)

    (225 ILCS 85/4) (from Ch. 111, par. 4124)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 4. Exemptions. Nothing contained in any Section of this Act shall apply to, or in any manner interfere with:
    (a) the lawful practice of any physician licensed to practice medicine in all of its branches, dentist, podiatrist, veterinarian, or therapeutically or diagnostically certified optometrist within the limits of his or her license, or prevent him or her from supplying to his or her bona fide patients such drugs, medicines, or poisons as may seem to him appropriate;
    (b) the sale of compressed gases;
    (c) the sale of patent or proprietary medicines and household remedies when sold in original and unbroken packages only, if such patent or proprietary medicines and household remedies be properly and adequately labeled as to content and usage and generally considered and accepted as harmless and nonpoisonous when used according to the directions on the label, and also do not contain opium or coca leaves, or any compound, salt or derivative thereof, or any drug which, according to the latest editions of the following authoritative pharmaceutical treatises and standards, namely, The United States Pharmacopoeia/National Formulary (USP/NF), the United States Dispensatory, and the Accepted Dental Remedies of the Council of Dental Therapeutics of the American Dental Association or any or either of them, in use on the effective date of this Act, or according to the existing provisions of the Federal Food, Drug, and Cosmetic Act and Regulations of the Department of Health and Human Services, Food and Drug Administration, promulgated thereunder now in effect, is designated, described or considered as a narcotic, hypnotic, habit forming, dangerous, or poisonous drug;
    (d) the sale of poultry and livestock remedies in original and unbroken packages only, labeled for poultry and livestock medication;
    (e) the sale of poisonous substances or mixture of poisonous substances, in unbroken packages, for nonmedicinal use in the arts or industries or for insecticide purposes; provided, they are properly and adequately labeled as to content and such nonmedicinal usage, in conformity with the provisions of all applicable federal, state and local laws and regulations promulgated thereunder now in effect relating thereto and governing the same, and those which are required under such applicable laws and regulations to be labeled with the word "Poison", are also labeled with the word "Poison" printed thereon in prominent type and the name of a readily obtainable antidote with directions for its administration;
    (f) the delegation of limited prescriptive authority by a physician licensed to practice medicine in all its branches to a physician assistant under Section 7.5 of the Physician Assistant Practice Act of 1987. This delegated authority may but is not required to include prescription of Schedule III, IV, or V controlled substances, as defined in Article II of the Illinois Controlled Substances Act, in accordance with written guidelines under Section 7.5 of the Physician Assistant Practice Act of 1987; and
    (g) The delegation of limited prescriptive authority by a physician licensed to practice medicine in all its branches to an advanced practice nurse in accordance with a written collaborative agreement under Sections 15‑15 and 15‑20 of the Nursing and Advanced Practice Nursing Act. This delegated authority may but is not required to include the prescription of Schedule III, IV, or V controlled substances as defined in Article II of the Illinois Controlled Substances Act.
(Source: P.A. 90‑116, eff. 7‑14‑97; 90‑253, eff. 7‑29‑97; 90‑655, eff. 7‑30‑98; 90‑742, eff. 8‑13‑98.)

    (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 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.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/5.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 5.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice pharmacy without being licensed under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.
    (b) The Department has the authority and power to investigate any and all unlicensed activity.
    (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(Source: P.A. 89‑474, eff. 6‑18‑96.)

    (225 ILCS 85/5.7)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 5.7. Advertising services. A licensee shall include in every advertisement for services regulated under this Act his or her title as it appears on the license or the initials authorized under this Act.
(Source: P.A. 91‑310, eff. 1‑1‑00.)

    (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 is a United States citizen or legally admitted alien;
    2. that he has not engaged in conduct or behavior determined to be grounds for discipline under this Act;
    3. that he is a graduate of a first professional degree program in pharmacy of a university recognized and approved by the Department;
    4. that he 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 has passed an examination recommended by the Board of Pharmacy and authorized by the Department.
    The program of practice experience referred to in paragraph (4) of this Section shall be fulfilled by the successful completion of a practice course offered by a school or college of pharmacy or department of pharmacy recognized and approved by the Department, which shall be a minimum of one academic quarter in length.
    Any person applying for a license as a registered pharmacist in this State who has graduated from a first professional degree program in pharmacy of at least 5 academic years from a school or college of pharmacy, which at the time of such graduation was not recognized and approved as reputable and in good standing by the Department, shall be required, in order to qualify for admittance to take the Department's examination for licensure as a registered pharmacist, to pass a preliminary diagnostic examination recommended by the Board and authorized by the Department, covering proficiency in the English language and such academic areas as the Board may deem essential to a satisfactory pharmacy curriculum and by rule prescribe. Any applicant who submits to and fails to pass the preliminary diagnostic examination may be required to satisfy the Board that he has taken additional remedial work previously approved by the Board to correct deficiencies in his pharmaceutical education indicated by the results of the last preliminary diagnostic examination prior to taking the preliminary diagnostic examination again.
    Any applicant who has graduated from a first professional degree program in pharmacy of at least 5 academic years from a school or college of pharmacy, which at the time of such graduation was not recognized and approved as reputable and in good standing by the Department, shall complete a clinical program previously approved by the Board on the basis of its equivalence to programs that are components of first professional degree programs in pharmacy approved by the Department.
    Any person required by Section 6 to submit to a preliminary diagnostic examination in advance of admittance to an examination for registration as a registered pharmacist under this Act shall be permitted to take such preliminary diagnostic examination, provided that he is not less than 21 years of age and furnishes the Department with satisfactory evidence that he has: successfully completed a program of preprofessional education (postsecondary school) consisting of course work equivalent to that generally required for admission to U.S. colleges of pharmacy recognized and approved as reputable and in good standing by the Department; and has received a degree in pharmacy as required in this Section.
    The Department shall issue a license as a registered pharmacist to any applicant who has qualified as aforesaid and who has filed the required applications and paid the required fees in connection therewith; and such registrant shall have the authority to practice the profession of pharmacy in this State.
(Source: P.A. 85‑796.)

    (225 ILCS 85/7) (from Ch. 111, par. 4127)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 7. Application; examination. Applications for original licenses shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be refundable. Any such application shall require such information as in the judgment of the Department will enable the Board and Department to pass on the qualifications of the applicant for a license.
    The Department shall authorize examinations of applicants as pharmacists not less than 3 times per year at such times and places as it may determine. The examination of applicants shall be of a character to give a fair test of the qualifications of the applicant to practice pharmacy.
    Applicants for examination as pharmacists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee. The examination shall be developed and provided by the National Association of Boards of Pharmacy.
    If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his application, the application is denied. However, such applicant may thereafter make a new application accompanied by the required fee and show evidence of meeting the requirements in force at the time of the new application.
    The Department shall notify applicants taking the examination of their results within 7 weeks of the examination date. Further, the Department shall have the authority to immediately authorize such applicants who successfully pass the examination to engage in the practice of pharmacy.
    An applicant shall have one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to make such application within one year the applicant shall be required to again take and pass the examination.
    The Department may employ consultants for the purpose of preparing and conducting examinations.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/7.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 7.5. Social Security Number on license application. In addition to any other information required to be contained in the application, every application for an original, renewal, or restored license under this Act shall include the applicant's Social Security Number.
(Source: P.A. 90‑144, eff. 7‑23‑97.)

    (225 ILCS 85/8) (from Ch. 111, par. 4128)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 8. The Department may, in its discretion, license as a pharmacist, without examination, on payment of the required fee, an applicant who is so licensed under the laws of another U.S. jurisdiction or another country, if the requirements for licensure in the other jurisdiction in which the applicant was licensed, were, at the date of his licensure deemed by the Board to be substantially equivalent to the requirements then in force in this State.
(Source: P.A. 85‑796.)

    (225 ILCS 85/9) (from Ch. 111, par. 4129)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 9. Registration as pharmacy technician. Any person shall be entitled to registration as a registered pharmacy technician who is of the age of 16 or over, has not engaged in conduct or behavior determined to be grounds for discipline under this Act, is of temperate habits, is attending or has graduated from an accredited high school or comparable school or educational institution, and has filed a written application for registration on a form to be prescribed and furnished by the Department for that purpose. The Department shall issue a certificate of registration as a registered pharmacy technician to any applicant who has qualified as aforesaid, and such registration shall be the sole authority required to assist licensed pharmacists in the practice of pharmacy, under the personal supervision of a licensed pharmacist. 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 "student pharmacist" and entitled to use the title "student 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 pursuant to this Section.
    Any person who is enrolled in a non‑traditional Pharm.D. program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another United States jurisdiction shall be permitted to engage in the program of practice experience required in the academic program by virtue of such license. Such person shall be exempt from the requirement of registration as a registered pharmacy technician while engaged in the program of practice experience required in the academic program.
    An applicant for registration as a pharmacy technician may assist a registered pharmacist in the practice of pharmacy for a period of up to 60 days prior to the issuance of a certificate of registration if the applicant has submitted the required fee and an application for registration to the Department. The applicant shall keep a copy of the submitted application on the premises where the applicant is assisting in the practice of pharmacy.
(Source: P.A. 92‑16, eff. 6‑28‑01.)

    (225 ILCS 85/10) (from Ch. 111, par. 4130)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 10. State Board of Pharmacy. There is created in the Department the State Board of Pharmacy. It shall consist of 9 members, 7 of whom shall be licensed pharmacists. Each of those 7 members must be a licensed pharmacist in good standing in this State, a graduate of an accredited college of pharmacy or hold a Bachelor of Science degree in Pharmacy and have at least 5 years' practical experience in the practice of pharmacy subsequent to the date of his licensure as a licensed pharmacist in the State of Illinois. There shall be 2 public members, who shall be voting members, who shall not be licensed pharmacists in this State or any other state.
    Each member shall be appointed by the Governor.
    The terms of all members serving as of March 31, 1999 shall expire on that date. The Governor shall appoint 3 persons to serve one‑year terms, 3 persons to serve 3‑year terms, and 3 persons to serve 5‑year terms to begin April 1, 1999. Otherwise, members shall be appointed to 5 year terms. No member shall be eligible to serve more than 12 consecutive years.
    In making the appointment of members on the Board, the Governor shall give due consideration to recommendations by the members of the profession of pharmacy and by pharmaceutical organizations therein. The Governor shall notify the pharmaceutical organizations promptly of any vacancy of members on the Board and in appointing members shall give consideration to individuals engaged in all types and settings of pharmacy practice.
    The Governor may remove any member of the Board for misconduct, incapacity or neglect of duty and he shall be the sole judge of the sufficiency of the cause for removal.
    Every person appointed a member of the Board shall take and subscribe the constitutional oath of office and file it with the Secretary of State. Each member of the Board shall be reimbursed for such actual and legitimate expenses as he may incur in going to and from the place of meeting and remaining thereat during sessions of the Board. In addition, each member of the Board shall receive a per diem payment in an amount determined from time to time by the Director for attendance at meetings of the Board and conducting other official business of the Board.
    The Board shall hold quarterly meetings and an annual meeting in January of each year and such other meetings at such times and places and upon such notice as the Board may determine and as its business may require. Five members of the Board shall constitute a quorum for the transaction of business. The Director shall appoint a pharmacy coordinator, who shall be someone other than a member of the Board. The pharmacy coordinator shall be a registered pharmacist in good standing in this State, shall be a graduate of an accredited college of pharmacy, or hold at a minimum a Bachelor of Science degree in Pharmacy and shall have at least 5 years' experience in the practice of pharmacy immediately prior to his appointment. The pharmacy coordinator shall be the executive administrator and the chief enforcement officer of the Pharmacy Practice Act of 1987.
    The Board shall exercise the rights, powers and duties which have been vested in the Board under this Act, and any other duties conferred upon the Board by law.
    The Director shall, in conformity with the Personnel Code, employ not less than 7 pharmacy investigators and 2 pharmacy supervisors. Each pharmacy investigator and each supervisor shall be a registered pharmacist in good standing in this State, and shall be a graduate of an accredited college of pharmacy and have at least 5 years of experience in the practice of pharmacy. The Department shall also employ at least one attorney who is a pharmacist to prosecute violations of this Act and its rules. The Department may, in conformity with the Personnel Code, employ such clerical and other employees as are necessary to carry out the duties of the Board.
    The duly authorized pharmacy investigators of the Department shall have the right to enter and inspect during business hours any pharmacy or any other place in the State of Illinois holding itself out to be a pharmacy where medicines or drugs or drug products or proprietary medicines are sold, offered for sale, exposed for sale, or kept for sale. The pharmacy investigators shall be the only Department investigators authorized to inspect, investigate, and monitor probation compliance of pharmacists, pharmacies, and pharmacy technicians.
(Source: P.A. 91‑827, eff. 6‑13‑00; 92‑651, eff. 7‑11‑02; 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/11) (from Ch. 111, par. 4131)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 11. Duties of the Department. The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of Licensing Acts and shall exercise such other powers and duties necessary for effectuating the purpose of this Act. However, the following powers and duties shall be exercised only upon action and report in writing of a majority of the Board of Pharmacy to take such action:
    (a) Formulate such rules, not inconsistent with law and subject to the Illinois Administrative Procedure Act, as may be necessary to carry out the purposes and enforce the provisions of this Act. The Director may grant variances from any such rules as provided for in this Section;
    (b) The suspension, revocation, placing on probationary status, reprimand, and refusing to issue or restore any license or certificate of registration issued under the provisions of this Act for the reasons set forth in Section 30 of this Act.
    (c) The issuance, renewal, restoration or reissuance of any license or certificate which has been previously refused to be issued or renewed, or has been revoked, suspended or placed on probationary status.
    The granting of variances from rules promulgated pursuant to this Section in individual cases where there is a finding that:
        (1) the provision from which the variance is granted
    
is not statutorily mandated;
        (2) no party will be injured by the granting of the
    
variance; and
        (3) the rule from which the variance is granted
    
would, in the particular case, be unreasonable or unnecessarily burdensome.
    The Director shall notify the State Board of Pharmacy of the granting of such variance and the reasons therefor, at the next meeting of the Board.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/12) (from Ch. 111, par. 4132)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 12. Expiration of license; renewal. The expiration date and renewal period for each license and certificate of registration issued under this Act shall be set by rule.
    As a condition for the renewal of a certificate of registration as a registered pharmacist, the registrant shall provide evidence to the Department of completion of a total of 30 hours of pharmacy continuing education during the 2 calendar years preceding the expiration date of the certificate. Such continuing education shall be approved by the American Council on Pharmaceutical Education.
    The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records or by other means established by the Department.
    Rules developed under this Section may provide for a reasonable biennial fee, not to exceed $20, to fund the cost of such recordkeeping. The Department shall, by rule, further provide an orderly process for the reinstatement of licenses which have not been renewed due to the failure to meet the continuing education requirements of this Section. The requirements of continuing education may be waived, in whole or in part, in cases of extreme hardship as defined by rule of the Department. Such waivers shall be granted for not more than one of any 3 consecutive renewal periods.
    Any pharmacist who has permitted his license to expire or who has had his license on inactive status may have his license restored by making application to the Department and filing proof acceptable to the Department of his fitness to have his license restored, and by paying the required restoration fee. The Department shall determine, by an evaluation program established by rule his fitness for restoration of his license and shall establish procedures and requirements for such restoration. However, any pharmacist who demonstrates that he has continuously maintained active practice in another jurisdiction pursuant to a license in good standing, and who has substantially complied with the continuing education requirements of this Section shall not be subject to further evaluation for purposes of this Section.
    Any licensee who shall engage in the practice for which his or her license was issued while the license is expired or on inactive status shall be considered to be practicing without a license which, shall be grounds for discipline under Section 30 of this Act.
    Any pharmacy operating on an expired license is engaged in the unlawful practice of pharmacy and is subject to discipline under Section 30 of this Act. A pharmacy whose license has been expired for one year or more may not have its license restored but must apply for a new license and meet all requirements for licensure. Any pharmacy whose license has been expired for less than one year may apply for restoration of its license and shall have its license restored.
    However, any pharmacist whose license expired while he was (l) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license or certificate restored without paying any lapsed renewal fees, if within 2 years after honorable termination of such service, training or education he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/13) (from Ch. 111, par. 4133)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 13. Inactive status. Any pharmacist who notifies the Department, in writing on forms prescribed by the Department, may elect to place his license on an inactive status and shall be excused from payment of renewal fees and completion of continuing education requirements until he notifies the Department in writing of his intent to restore his license.
    Any pharmacist requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license or certificate, as provided by rule of the Department.
    Any pharmacist whose license is in inactive status shall not practice in the State of Illinois.
    Neither a pharmacy license nor a pharmacy technician license may be placed on inactive status.
    Continued practice on a license which has lapsed or been placed on inactive status shall be considered to be practicing without a license.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/14)(from Ch. 111, par. 4134)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 14. Structural and equipment requirements. No person shall establish or move to a new location any pharmacy unless the pharmacy is licensed with the Department and has on file with the Department a verified statement that:
        (1) such pharmacy is or will be engaged in the
    
practice of pharmacy; and
        (2) other than a Division VI pharmacy, such pharmacy
    
will have in stock and shall maintain sufficient drugs and materials as to protect the public it serves within 30 days after the issuance of the registration of the pharmacy.
    Division I, II, III, IV, or V pharmacies shall be in a suitable, well‑lighted and well‑ventilated area with at least 300 square feet of clean and sanitary contiguous space and shall be suitably equipped for compounding prescriptions, storage of drugs and sale of drugs and to otherwise conduct the practice of pharmacy. The space occupied shall be equipped with a sink with hot and cold water or facilities for heating water, proper sewage outlet, refrigeration storage equipment, and such fixtures, facilities, drugs, equipment and material, which shall include the current editions of the United States Pharmacopoeia/DI, Facts and Comparisons, or any other current compendium approved by the Department, and other such reference works, as will enable a pharmacist to practice pharmacy, including this Act and the rules promulgated under this Act. Such pharmacy shall have the following items: accurate weights of 0.5 gr. to 4 oz. and 20 mg to 100 Gm; and a prescription balance equipped with balance indicator and with mechanical means of arresting the oscillations of the mechanism and which balance shall be sensitive to 0.5 grain (32 mg) or less or an alternative weighing device as approved by the Department, and such other measuring devices as may be necessary for the conduct of the practice of pharmacy.
    The provisions of this Section with regard to 300 square feet of space shall apply to any pharmacy which is opened after the effective date of this Act. Nothing shall require a pharmacy in existence on the effective date of this Act which is comprised of less than 300 square feet to provide additional space to meet these requirements.
    Any structural and equipment requirements for a Division VI pharmacy shall be set by rule.
(Source: P.A. 94‑84, eff. 6‑28‑05.)

    (225 ILCS 85/15)(from Ch. 111, par. 4135)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 15. Pharmacy requirements. It shall be unlawful for the owner of any pharmacy, as defined in this Act, to operate or conduct the same, or to allow the same to be operated or conducted, unless:
    (a) It has a licensed pharmacist, authorized to practice pharmacy in this State under the provisions of this Act, on duty whenever the practice of pharmacy is conducted;
    (b) Security provisions for all drugs and devices, as determined by rule of the Department, are provided during the absence from the licensed pharmacy of all licensed pharmacists. Maintenance of security provisions is the responsibility of the licensed registered pharmacist in charge; and
    (c) The pharmacy is licensed under this Act to do business.
    The Department shall, by rule, provide requirements for each division of pharmacy license and shall, as well provide guidelines for the designation of a registered pharmacist in charge for each division.
    Division I. Retail Licenses for pharmacies which are open to, or offer pharmacy services to, the general public.
    Division II. Licenses for pharmacies whose primary pharmacy service is provided to patients or residents of facilities 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, and which are not located in the facilities they serve.
    Division III. Licenses for pharmacies which are located in 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, and which provide pharmacy services to residents or patients of the facility, as well as employees, prescribers and students of the facility.
    Division IV. Licenses for pharmacies which provide or offer for sale radioactive materials.
    Division V. Licenses for pharmacies which hold licenses in Division II or Division III which also provide pharmacy services to the general public, or pharmacies which are located in or whose primary pharmacy service is to ambulatory care facilities or schools of veterinary medicine or other such institution or facility.
    Division VI. Licenses for pharmacies that provide pharmacy services to patients of institutions serviced by pharmacies with a Division II or Division III license, without using their own supply of drugs. Division VI pharmacies may provide pharmacy services only in cooperation with an institution's pharmacy or pharmacy provider. Nothing in this paragraph shall constitute a change to the practice of pharmacy as defined in Section 3 of this Act. Nothing in this amendatory Act of the 94th General Assembly shall in any way alter the definition or operation of any other division of pharmacy as provided in this Act.
    The Director may waive the requirement for a pharmacist to be on duty at all times for State facilities not treating human ailments.
    It shall be unlawful for any person, who is not a licensed pharmacy or health care facility, to purport to be such or to use in name, title, or sign designating, or in connection with that place of business, any of the words: "pharmacy", "pharmacist", "pharmacy department", "apothecary", "druggist", "drug", "drugs", "medicines", "medicine store", "drug sundries", "prescriptions filled", or any list of words indicating that drugs are compounded or sold to the lay public, or prescriptions are dispensed therein. Each day during which, or a part which, such representation is made or appears or such a sign is allowed to remain upon or in such a place of business shall constitute a separate offense under this Act.
    The holder of any license or certificate of registration shall conspicuously display it in the pharmacy in which he is engaged in the practice of pharmacy. The registered pharmacist in charge shall conspicuously display his name in such pharmacy. The pharmacy license shall also be conspicuously displayed.
(Source: P.A. 94‑84, eff. 6‑28‑05.)

    (225 ILCS 85/15.5)
    Sec. 15.5. Prescription information.
    (a) Uncoordinated multiple controlled substances and drug seeking tendencies pose a significant threat to the health, safety, and welfare of patients. To address this threat, the General Assembly believes a physician who prescribes controlled substances should be provided with prescription information from pharmacies.
    (b) Upon request, a pharmacist shall provide a physician licensed to practice medicine in all its branches who is prepared to prescribe or has prescribed a controlled substance for a patient with information from the patient's most recent patient profile, including information about any prescriptions for controlled substances.
(Source: P.A. 93‑571, eff. 8‑20‑03.)

    (225 ILCS 85/16) (from Ch. 111, par. 4136)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 16. The Department shall require and provide for the licensure of every pharmacy doing business in this State. Such licensure shall expire 10 days after the pharmacist in charge dies or leaves the place where the pharmacy is licensed or after such pharmacist's license has been suspended or revoked.
    In the event the designated pharmacist in charge dies or otherwise ceases to function in that capacity, or when the license of the pharmacist in charge has been suspended or revoked, the owner of the pharmacy shall be required to notify the Department, on forms provided by the Department, of the identity of the new pharmacist in charge.
    It is the duty of every pharmacist in charge who ceases to function in that capacity to report to the Department within 10 days of the date on which he ceased such functions for such pharmacy. It is the duty of every owner of a pharmacy licensed under this Act to report to the Department within 10 days of the date on which the pharmacist in charge died or ceased to function in that capacity. Failure to provide such notification to the Department shall be grounds for disciplinary action.
    No license shall be issued to any pharmacy unless such pharmacy has a pharmacist in charge and each such pharmacy license shall indicate on the face thereof the pharmacist in charge.
(Source: P.A. 85‑796.)

    (225 ILCS 85/16a) (from Ch. 111, par. 4136a)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 16a. (a) The Department shall establish rules and regulations, consistent with the provisions of this Act, governing mail‑order pharmacies, including pharmacies providing services via the Internet, which sell, or offer for sale, drugs, medicines, or other pharmaceutical services in this State.
    (b) The 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 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 concerning emergency circumstances arising from the dispensing of drugs to residents of this State;
        (4) that it maintains its records of drugs dispensed
    
to residents of this State so that the records are readily retrievable from the records of other drugs dispensed;
        (5) that it cooperates with the Board 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. 91‑438, eff. 1‑1‑00.)

    (225 ILCS 85/17) (from Ch. 111, par. 4137)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17. Disposition of legend drugs on cessation of pharmacy operations.
    (a) The pharmacist in charge of a pharmacy which has its pharmacy license revoked or otherwise ceases operation shall notify the Department and forward to the Department a copy of the closing inventory of controlled substances and a statement indicating the intended manner of disposition of all legend drugs and prescription files within 10 days of such revocation or cessation of operation.
    (b) The Department shall approve the intended manner of disposition of all legend drugs prior to disposition of such drugs by the pharmacist in charge.
        (1) The Department shall notify the pharmacist in
    
charge of approval of the manner of disposition of all legend drugs, or disapproval accompanied by reasons for such disapproval, within 10 days of receipt of the statement from the pharmacist in charge. In the event that the manner of disposition is not approved, the pharmacist in charge shall notify the Department of an alternative manner of disposition within 10 days of the receipt of disapproval.
        (2) If disposition of all legend drugs does not
    
occur within 10 days after approval is received from the Department, or if no alternative method of disposition is submitted to the Department within 10 days of the Department's disapproval, the Director shall notify the pharmacist in charge by mail at the address of the closing pharmacy, of the Department's intent to confiscate all legend drugs. The Notice of Intent to Confiscate shall be the final administrative decision of the Department, as that term is defined in the Administrative Review Law, and the confiscation of all prescription drugs shall be effected.
    (b‑5) In the event that the pharmacist in charge has died or is otherwise physically incompetent to perform the duties of this Section, the owner of a pharmacy that has its license revoked or otherwise ceases operation shall be required to fulfill the duties otherwise imposed upon the pharmacist in charge.
    (c) The pharmacist in charge of a pharmacy which acquires prescription files from a pharmacy which ceases operation shall be responsible for the preservation of such acquired prescriptions for the remainder of the term that such prescriptions are required to be preserved by this Act.
    (d) Failure to comply with this Section shall be grounds for denying an application or renewal application for a pharmacy license or for disciplinary action against a registration.
    (e) Compliance with the provisions of the Illinois Controlled Substances Act concerning the disposition of controlled substances shall be deemed compliance with this Section with respect to legend drugs which are controlled substances.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/17.1)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 17.1. Pharmacy technician training.
    (a) Beginning January 1, 2004, it shall be the joint responsibility of a pharmacy and its pharmacist in charge to have trained all of its pharmacy technicians or obtain proof of prior training in all of the following topics as they relate to the practice site:
        (1) The duties and responsibilities of the
    
technicians and pharmacists.
        (2) Tasks and technical skills, policies, and
    
procedures.
        (3) Compounding, packaging, labeling, and storage.
        (4) Pharmaceutical and medical terminology.
        (5) Record keeping requirements.
        (6) The ability to perform and apply arithmetic
    
calculations.
    (b) Within 6 months after initial employment or changing the duties and responsibilities of a pharmacy technician, it shall be the joint responsibility of the pharmacy and the pharmacist in charge to train the pharmacy technician or obtain proof of prior training in the areas listed in subsection (a) of this Section as they relate to the practice site.
    (c) All divisions of pharmacies shall maintain an up‑to‑date training program describing the duties and responsibilities of a pharmacy technician.
    (d) All divisions of pharmacies shall create and maintain retrievable records of training or proof of training as required in this Section.
(Source: P.A. 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/18)(from Ch. 111, par. 4138)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 18. Record retention.
    (a) Except as provided in subsection (b), there shall be kept in every drugstore or pharmacy a suitable book, file, or electronic record keeping system in which shall be preserved for a period of not less than 5 years the original of every written prescription and the original transcript or copy of every verbal prescription filled, compounded, or dispensed, in such pharmacy; and such book or file of prescriptions shall at all reasonable times be open to inspection to the pharmacy coordinator and the duly authorized agents or employees of the Department.
    Every prescription filled or refilled shall contain the unique identifier of the person authorized to practice pharmacy under the provision of this Act who fills or refills the prescription.
    Records kept pursuant to this Section may be maintained in an alternative data retention system, such as a direct digital imaging system, provided that:
        (1) the records maintained in the alternative data
    
retention system contain all of the information required in a manual record;
        (2) the data processing system is capable of
    
producing a hard copy of the electronic record on the request of the Board, its representative, or other authorized local, State, or federal law enforcement or regulatory agency; and
        (3) the digital images are recorded and stored only
    
by means of a technology that does not allow subsequent revision or replacement of the images.
    As used in this Section, "digital imaging system" means a system, including people, machines, methods of organization, and procedures, that provides input, storage, processing, communications, output, and control functions for digitized representations of original prescription records.
    Inpatient drug orders may be maintained within an institution in a manner approved by the Department.
    (b) The record retention requirements for a Division VI pharmacy shall be set by rule.
(Source: P.A. 94‑84, eff. 6‑28‑05.)

    (225 ILCS 85/19) (from Ch. 111, par. 4139)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 19. Nothing contained in this Act shall be construed to prohibit a pharmacist licensed in this State from filling or refilling a valid prescription for prescription drugs which is on file in a pharmacy licensed in any state and has been transferred from one pharmacy to another by any means, including by way of electronic data processing equipment upon the following conditions and exceptions:
    (1) Prior to dispensing pursuant to any such prescription, the dispensing pharmacist shall:
        (a) Advise the patient that the prescription on file
    
at such other pharmacy must be canceled before he will be able to fill or refill it.
        (b) Determine that the prescription is valid and on
    
file at such other pharmacy and that such prescription may be filled or refilled, as requested, in accordance with the prescriber's intent expressed on such prescription.
        (c) Notify the pharmacy where the prescription is on
    
file that the prescription must be canceled.
        (d) Record in writing the prescription order, the
    
name of the pharmacy at which the prescription was on file, the prescription number, the name of the drug and the original amount dispensed, the date of original dispensing, and the number of remaining authorized refills.
        (e) Obtain the consent of the prescriber to the
    
refilling of the prescription when the prescription, in the professional judgment of the dispensing pharmacist, so requires.
    (2) Upon receipt of a request for prescription information set forth in subparagraph (d) of paragraph (1) of this Section, if the requested pharmacist is satisfied in his professional judgment that such request is valid and legal, the requested pharmacist shall:
        (a) Provide such information accurately and
    
completely.
        (b) Record on the face of the prescription the name
    
of the requesting pharmacy and pharmacist and the date of request.
        (c) Cancel the prescription on file by writing the
    
word "void" on its face. No further prescription information shall be given or medication dispensed pursuant to such original prescription.
    (3) In the event that, after the information set forth in subparagraph (d) of paragraph (1) of this Section has been provided, a prescription is not dispensed by the requesting pharmacist, then such pharmacist shall provide notice of this fact to the pharmacy from which such information was obtained; such notice shall then cancel the prescription in the same manner as set forth in subparagraph (c) of paragraph (2) of this Section.
    (4) When filling or refilling a valid prescription on file in another state, the dispensing pharmacist shall be required to follow all the requirements of Illinois law which apply to the dispensing of prescription drugs. If anything in Illinois law prevents the filling or refilling of the original prescription it shall be unlawful to dispense pursuant to this Section.
    (5) Prescriptions for drugs in Schedules III, IV, and V of the Illinois Controlled Substances Act may be transferred only once and may not be further transferred.
(Source: P.A. 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/20) (from Ch. 111, par. 4140)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 20. Two or more pharmacies may establish and use a common electronic file to maintain required dispensing information.
    Pharmacies using such a common electronic file are not required to physically transfer prescriptions or information for dispensing purposes between or among pharmacies participating in the same common prescription file; provided, however any such common file must contain complete and adequate records of such prescription and refill dispensed as stated in Section 18.
    The Department and Board may formulate such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes of and to enforce the provisions of this Section within the following exception: The Department and Board shall not impose greater requirements on either common electronic files or a hard copy record system.
    Drugs shall in no event be dispensed more frequently or in larger amounts than the prescriber ordered without direct prescriber authorization by way of a new prescription order.
(Source: P.A. 85‑796.)

    (225 ILCS 85/21) (from Ch. 111, par. 4141)
    Sec. 21. (Repealed).
(Source: Repealed by P.A. 88‑428.)

    (225 ILCS 85/22) (from Ch. 111, par. 4142)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 22. Except only in the case of a drug, medicine or poison which is lawfully sold or dispensed, at retail, in the original and unbroken package of the manufacturer, packer, or distributor thereof, and which package bears the original label thereon showing the name and address of the manufacturer, packer, or distributor thereof, and the name of the drug, medicine, or poison therein contained, and the directions for its use, no person shall sell or dispense, at retail, any drug, medicine, or poison, without affixing to the box, bottle, vessel, or package containing the same, a label bearing the name of the article distinctly shown, and the directions for its use, with the name and address of the pharmacy wherein the same is sold or dispensed. However, in the case of a drug, medicine, or poison which is sold or dispensed pursuant to a prescription of a physician licensed to practice medicine in all of its branches, licensed dentist, licensed veterinarian, licensed podiatrist, or therapeutically or diagnostically certified optometrist authorized by law to prescribe drugs or medicines or poisons, the label affixed to the box, bottle, vessel, or package containing the same shall show: (a) the name and address of the pharmacy wherein the same is sold or dispensed; (b) the name or initials of the person, authorized to practice pharmacy under the provisions of this Act, selling or dispensing the same, (c) the date on which such prescription was filled; (d) the name of the patient; (e) the serial number of such prescription as filed in the prescription files; (f) the last name of the practitioner who prescribed such prescriptions; (g) the directions for use thereof as contained in such prescription; and (h) the proprietary name or names or the established name or names of the drugs, the dosage and quantity, except as otherwise authorized by regulation of the Department. The Department shall establish rules governing labeling in Division II and Division III pharmacies.
(Source: P.A. 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/22a)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 22a. Automated dispensing and storage systems. The Department shall establish rules governing the use of automated dispensing and storage systems by Division I through V pharmacies.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/23) (from Ch. 111, par. 4143)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 23. It is unlawful for a pharmacist or pharmacy to pay or promise to pay to any person who owns, operates, manages or is an employee of a hospital, nursing home or other health care facility or to any person authorized by law to prescribe drugs or to any entity in which a person authorized by law to prescribe drugs holds an interest, any rebate, refund, discount, commission or other valuable consideration for, on account of, or based upon income received or resulting from the sale or furnishing by any such pharmacy of drugs or devices, prescriptions or any other service to patients of the above specified persons, organizations or facilities.
    This shall not be deemed to include rent or other remunerations paid to an individual, partnership, or corporation by a pharmacist or pharmacy for the lease, rental, or use of space, owned or controlled, by the individual, partnership or corporation.
(Source: P.A. 85‑796.)

    (225 ILCS 85/24) (from Ch. 111, par. 4144)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 24. It shall be unlawful for any manufacturer or distributor of a prescription drug, or any person on behalf of such manufacturer or distributor, to distribute a prescription drug without charge or for less than its fair market value to any person directly or indirectly.
    Nothing in this Section shall be construed to prohibit the distribution of a prescription drug:
    (a) at a discount in accordance with the laws of the United States or the State of Illinois;
    (b) to a person for use in an investigation conducted under Federal Food and Drug Administration regulations;
    (c) to a patient by a pharmacist in response to a request written and signed by a medical practitioner which designates the quantity to be distributed;
    (d) to a licensed medical practitioner in response to a request signed by the practitioner which designates the quantity to be distributed;
    (e) to an agency of the federal government or to a state government or political subdivision for regulatory or enforcement purposes;
    (f) in an emergency as determined by the laws of the United States or the State of Illinois; or
    (g) to a bona fide charity authorized to possess and dispense prescription drugs.
(Source: P.A. 85‑796.)

    (225 ILCS 85/25)(from Ch. 111, par. 4145)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 25. No person shall compound, or sell or offer for sale, or cause to be compounded, sold or offered for sale any medicine or preparation under or by a name recognized in the United States Pharmacopoeia National Formulary, for internal or external use, which differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia National Formulary official at the time of such compounding, sale or offering for sale. Nor shall any person compound, sell or offer for sale, or cause to be compounded, sold, or offered for sale, any drug, medicine, poison, chemical or pharmaceutical preparation, the strength or purity of which shall fall below the professed standard of strength or purity under which it is sold. Except as set forth in Section 26 of this Act, if the physician or other authorized prescriber, when transmitting an oral or written prescription, does not prohibit drug product selection, a different brand name or nonbrand name drug product of the same generic name may be dispensed by the pharmacist, provided that the selected drug has a unit price less than the drug product specified in the prescription . A generic drug determined to be therapeutically equivalent by the United States Food and Drug Administration (FDA) shall be available for substitution in Illinois in accordance with this Act and the Illinois Food, Drug and Cosmetic Act, provided that each manufacturer submits to the Director of the Department of Public Health a notification containing product technical bioequivalence information as a prerequisite to product substitution when they have completed all required testing to support FDA product approval and, in any event, the information shall be submitted no later than 60 days prior to product substitution in the State. On the prescription forms of prescribers, shall be placed a signature line and the words "may substitute" and "may not substitute". The prescriber, in his or her own handwriting, shall place a mark beside either the "may substitute" or "may not substitute" alternatives to guide the pharmacist in the dispensing of the prescription. A prescriber placing a mark beside the "may substitute" alternative or failing in his or her own handwriting to place a mark beside either alternative authorizes drug product selection in accordance with this Act. Preprinted or rubber stamped marks, or other deviations from the above prescription format shall not be permitted. The prescriber shall sign the form in his or her own handwriting to authorize the issuance of the prescription. When a person presents a prescription to be dispensed, the pharmacist to whom it is presented may inform the person if the pharmacy has available a different brand name or nonbrand name of the same generic drug prescribed and the price of the different brand name or nonbrand name of the drug product. If the person presenting the prescription is the one to whom the drug is to be administered, the pharmacist may dispense the prescription with the brand prescribed or a different brand name or nonbrand name product of the same generic name, if the drug is of lesser unit cost and the patient is informed and agrees to the selection and the pharmacist shall enter such information into the pharmacy record. If the person presenting the prescription is someone other than the one to whom the drug is to be administered the pharmacist shall not dispense the prescription with a brand other than the one specified in the prescription unless the pharmacist has the written or oral authorization to select brands from the person to whom the drug is to be administered or a parent, legal guardian or spouse of that person.
    In every case in which a selection is made as permitted by the Illinois Food, Drug and Cosmetic Act, the pharmacist shall indicate on the pharmacy record of the filled prescription the name or other identification of the manufacturer of the drug which has been dispensed.
    The selection of any drug product by a pharmacist shall not constitute evidence of negligence if the selected nonlegend drug product was of the same dosage form and each of its active ingredients did not vary by more than 1 percent from the active ingredients of the prescribed, brand name, nonlegend drug product. Failure of a prescribing physician to specify that drug product selection is prohibited does not constitute evidence of negligence unless that practitioner has reasonable cause to believe that the health condition of the patient for whom the physician is prescribing warrants the use of the brand name drug product and not another.
    The Department is authorized to employ an analyst or chemist of recognized or approved standing whose duty it shall be to examine into any claimed adulteration, illegal substitution, improper selection, alteration, or other violation hereof, and report the result of his investigation, and if such report justify such action the Department shall cause the offender to be prosecuted.
(Source: P.A. 93‑841, eff. 7‑30‑04; 94‑936, eff. 6‑26‑06.)

    (225 ILCS 85/26)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 26. Anti‑epileptic drug product selection prohibited.
    (a) The General Assembly finds that this Section is necessary for the immediate preservation of the public peace, health, and safety.
    (b) In this Section:
    "Anti‑epileptic drug means (i) any drug prescribed for the treatment of epilepsy or (ii) a drug used to treat or prevent seizures.
    "Epilepsy" means a neurological condition characterized by recurrent seizures.
    "Seizure" means a brief disturbance in the electrical activity of the brain.
    (c) When the prescribing physician has indicated on the original prescription "dispense as written" or "may not substitute", a pharmacist may not interchange an anti‑epileptic drug or formulation of an anti‑epileptic drug for the treatment of epilepsy without notification and the documented consent of the prescribing physician and the patient or the patient's parent, legal guardian, or spouse.
(Source: P.A. 94‑936, eff. 6‑26‑06.)

    (225 ILCS 85/27) (from Ch. 111, par. 4147)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 27. Fees. The following fees are not refundable.
(A) Certificate of pharmacy technician.
        (1) The fee for application for a certificate of
    
registration as a pharmacy technician is $40.
        (2) The fee for the renewal of a certificate of
    
registration as a pharmacy technician shall be calculated at the rate of $25 per year.
(B) License as a pharmacist.
        (1) The fee for application for a license is $75.
        (2) In addition, applicants for any examination as a
    
registered pharmacist shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
        (3) The fee for a license as a registered pharmacist
    
registered or licensed under the laws of another state or territory of the United States is $200.
        (4) The fee upon the renewal of a license shall be
    
calculated at the rate of $75 per year.
        (5) The fee for the restoration of a certificate
    
other than from inactive status is $10 plus all lapsed renewal fees.
        (6) Applicants for the preliminary diagnostic
    
examination shall be required to pay, either to the Department or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.
        (7) The fee to have the scoring of an examination
    
authorized by the Department reviewed and verified is $20 plus any fee charged by the applicable testing service.
(C) License as a pharmacy.
        (1) The fee for application for a license for a
    
pharmacy under this Act is $100.
        (2) The fee for the renewal of a license for a
    
pharmacy under this Act shall be calculated at the rate of $100 per year.
        (3) The fee for the change of a pharmacist‑in‑charge
    
is $25.
(D) General Fees.
        (1) The fee for the issuance of a duplicate license,
    
for the issuance of a replacement license for a license that has been lost or destroyed or for the issuance of a license with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate certification is issued.
        (2) The fee for a certification of a registrant's
    
record for any purpose is $20.
        (3) The fee to have the scoring of an examination
    
administered by the Department reviewed and verified is $20.
        (4) The fee for a wall certificate showing licensure
    
or registration shall be the actual cost of producing the certificate.
        (5) The fee for a roster of persons registered as
    
pharmacists or registered pharmacies in this State shall be the actual cost of producing the roster.
        (6) The fee for pharmacy licensing, disciplinary or
    
investigative records obtained pursuant to a subpoena is $1 per page.
    (E) Except as provided in subsection (F), all moneys received by the Department under this Act shall be deposited in the Illinois State Pharmacy Disciplinary Fund hereby created in the State Treasury and shall be used only for the following purposes: (a) by the State Board of Pharmacy in the exercise of its powers and performance of its duties, as such use is made by the Department upon the recommendations of the State Board of Pharmacy, (b) for costs directly related to license renewal of persons licensed under this Act, and (c) for direct and allocable indirect costs related to the public purposes of the Department of Professional Regulation.
    Moneys in the Fund may be transferred to the Professions Indirect Cost Fund as authorized under Section 2105‑300 of the Department of Professional Regulation Law (20 ILCS 2105/2105‑300).
    The moneys deposited in the Illinois State Pharmacy Disciplinary Fund shall be invested to earn interest which shall accrue to the Fund. The Department shall present to the Board for its review and comment all appropriation requests from the Illinois State Pharmacy Disciplinary Fund. The Department shall give due consideration to any comments of the Board in making appropriation requests.
    (F) From the money received for license renewal fees, $5 from each pharmacist fee, and $2.50 from each pharmacy technician fee, shall be set aside within the Illinois State Pharmacy Disciplinary Fund for the purpose of supporting a substance abuse program for pharmacists and pharmacy technicians. The State Board of Pharmacy shall, pursuant to all provisions of the Illinois Procurement Code, determine how and to whom the money set aside under this subsection is disbursed.
    (G) (Blank).
(Source: P.A. 91‑239, eff. 1‑1‑00; 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/28) (from Ch. 111, par. 4148)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 28. Returned checks; fines. Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92‑146, eff. 1‑1‑02.)

    (225 ILCS 85/29) (from Ch. 111, par. 4149)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 29. The Department shall maintain a roster of the names and addresses of all licensees and registrants and of all persons whose licenses or registrations have been suspended or revoked. This roster shall be available upon written request and payment of the required fee.
(Source: P.A. 85‑796.)

    (225 ILCS 85/30) (from Ch. 111, par. 4150)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 30. (a) In accordance with Section 11 of this Act, the Department may refuse to issue, restore, or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem proper with regard to any license or certificate of registration for any one or combination of the following causes:
        1. Material misstatement in furnishing information
    
to the Department.
        2. Violations of this Act, or the rules promulgated
    
hereunder.
        3. Making any misrepresentation for the purpose of
    
obtaining licenses.
        4. A pattern of conduct which demonstrates
    
incompetence or unfitness to practice.
        5. Aiding or assisting another person in violating
    
any provision of this Act or rules.
        6. Failing, within 60 days, to respond to a written
    
request made by the Department for information.
        7. Engaging in dishonorable, unethical or
    
unprofessional conduct of a character likely to deceive, defraud or harm the public.
        8. Discipline by another U.S. jurisdiction or
    
foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.
        9. Directly or indirectly giving to or receiving
    
from any person, firm, corporation, partnership or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered.
        10. A finding by the Department that the licensee,
    
after having his license placed on probationary status has violated the terms of probation.
        11. Selling or engaging in the sale of drug samples
    
provided at no cost by drug manufacturers.
        12. Physical illness, including but not limited to,
    
deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgment, skill or safety.
        13. A finding that licensure or registration has
    
been applied for or obtained by fraudulent means.
        14. The applicant, or licensee has been convicted in
    
state or federal court of any crime which is a felony or any misdemeanor related to the practice of pharmacy, 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 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 Public Aid under the Public Aid Code.
        18. Repetitiously dispensing prescription drugs
    
without receiving a written or oral prescription.
        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 illness which results in the inability
    
to practice with reasonable judgment, skill or safety, or mental incompetency 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.
        23. Interfering with the professional judgment of a
    
pharmacist by any registrant under this Act, or his or her agents or employees.
    (b) The Department may refuse to issue or may suspend the license or registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
    (c) The Department shall revoke the license or certificate of registration issued under the provisions of this Act or any prior Act of this State of any person who has been convicted a second time of committing any felony under the Illinois Controlled Substances Act, or who has been convicted a second time of committing a Class 1 felony under Sections 8A‑3 and 8A‑6 of the Illinois Public Aid Code. A person whose license or certificate of registration issued under the provisions of this Act or any prior Act of this State is revoked under this subsection (c) shall be prohibited from engaging in the practice of pharmacy in this State.
    (d) In any order issued in resolution of a disciplinary proceeding, the Board may request any licensee found guilty of a charge involving a significant violation of subsection (a) of Section 5, or paragraph 19 of Section 30 as it pertains to controlled substances, to pay to the Department a fine not to exceed $2,000.
    (e) In any order issued in resolution of a disciplinary proceeding, in addition to any other disciplinary action, the Board may request any licensee found guilty of noncompliance with the continuing education requirements of Section 12 to pay the Department a fine not to exceed $1000.
    (f) The Department shall issue quarterly to the Board a status of all complaints related to the profession received by the Department.
(Source: P.A. 92‑880, eff. 1‑1‑04.)

    (225 ILCS 85/30.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 30.5. Suspension of license or certificate for failure to pay restitution. The Department, without further process or hearing, shall suspend the license or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to a person under Section 8A‑3.5 of the Illinois Public Aid Code or under Section 46‑1 of the Criminal Code of 1961. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.
(Source: P.A. 94‑577, eff. 1‑1‑06.)

    (225 ILCS 85/31) (from Ch. 111, par. 4151)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 31. The Department may refuse to issue a license to establish a new licensed pharmacy if an owner of the pharmacy applying for a license was an owner of a pharmacy that had its license revoked, unless the owner presents sufficient evidence indicating rehabilitation. Once a complaint has been filed by the Department against a pharmacy the Department may refuse to issue a license to establish a new licensed pharmacy, until such time as the Department issues a decision on the complaint, if an owner of the new pharmacy was also an owner of a pharmacy against which the complaint was filed. Neither an application for change of ownership nor for a change of location for any such pharmacy shall be acted on by the Department until such time as the Department issues a decision on the complaint. In the event that the pharmacy against which the complaint has been filed ceases to be licensed by the Department, for any reason, prior to the Department's decision on the complaint and an owner of that pharmacy applies for a license to establish a new pharmacy, the Department shall conduct a hearing on the complaint earlier filed, regardless of whether that pharmacy is presently licensed by the Department. If the conduct for which the complaint was originally filed would have been sufficient to result in a revocation of a license to operate a license pharmacy, then such conduct shall constitute sufficient grounds for denial of an application for a license.
    For purposes of this Section "owner" means a sole proprietor, partner or a shareholder who owns in excess of 5 percent of the outstanding shares of a corporation, or the spouse or children of such sole proprietor, partner or shareholder. The provision of this Section shall not apply to any pharmacy owned by a corporation whose shares of stock are publicly traded on a national stock exchange.
(Source: P.A. 85‑796.)

    (225 ILCS 85/32) (from Ch. 111, par. 4152)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 32. The Department shall render no final administrative decision relative to any application for a license or certificate of registration under this Act if the applicant for such license or certificate of registration is the subject of a pending disciplinary proceeding under this Act or another Act administered by the Department. For purposes of this Section "applicant" means an individual or sole proprietor, or an individual who is an officer, director or owner of a 5 percent or more beneficial interest of the applicant.
(Source: P.A. 85‑796.)

    (225 ILCS 85/33) (from Ch. 111, par. 4153)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 33. The Director of the Department may, upon receipt of a written communication from the Secretary of Human Services, the Director of Public Aid, or the Director of Public Health that continuation of practice of a person licensed or registered under this Act constitutes an immediate danger to the public, immediately suspend the license or registration of such person without a hearing. In instances in which the Director immediately suspends a license or registration under this Act, a hearing upon such person's license must be convened by the Board within 15 days after such suspension and completed without appreciable delay, such hearing held to determine whether to recommend to the Director that the person's license be revoked, suspended, placed on probationary status or reinstated, or such person be subject to other disciplinary action. In such hearing, the written communication and any other evidence submitted therewith may be introduced as evidence against such person; provided however, the person, or his counsel, shall have the opportunity to discredit or impeach such evidence and submit evidence rebutting same.
(Source: P.A. 89‑507, eff. 7‑1‑97; 90‑655, eff. 7‑30‑98.)

    (225 ILCS 85/34) (from Ch. 111, par. 4154)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 34. The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the "Mental Health and Developmental Disabilities Code", approved September 5, 1978, as now or hereafter amended operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission and issues an order so finding and discharging the patient; and upon the recommendation of the Board to the Director that the licensee be allowed to resume his practice.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.1. (a) If any person violates the provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, or the State's Attorney of any county in which the action is brought, petition, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation, and if it is established that such person has violated or is violating the injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.
    (b) If any person shall practice as a pharmacist or hold himself out as a pharmacist or operate a pharmacy or drugstore, including a mail‑order pharmacy under Section 16a, without being licensed under the provisions of this Act, then any licensed pharmacist, any interested party or any person injured thereby may, in addition to the Director, petition for relief as provided in subsection (a) of this Section.
    Whoever knowingly practices or offers to practice in this State without being appropriately licensed or registered under this Act shall be guilty of a Class A misdemeanor and for each subsequent conviction, shall be guilty of a Class 4 felony.
    (c) Whenever in the opinion of the Department any person not licensed in good standing under this Act violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.
(Source: P.A. 92‑678, eff. 7‑16‑02.)

    (225 ILCS 85/35.2) (from Ch. 111, par. 4155.2)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.2. The Department's pharmacy investigators may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or registration. The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any license or certificate, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, direct him to file his written answer thereto to the Board under oath within 20 days after the service on him of such notice and inform him that if he fails to file such answer default will be taken against him and his license or certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of his practice, provided for herein. Such written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto. Such hearing may be continued from time to time. In case the accused person, after receiving notice, fails to file an answer, his license or certificate may in the discretion of the Director, having received first the recommendation of the Board, be suspended, revoked, placed on probationary status, or the Director may take whatever disciplinary action as he may deem proper as provided herein, including limiting the scope, nature, or extent of said person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act.
(Source: P.A. 88‑428.)

    (225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.3. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue, renew or discipline of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Board or hearing officer, and orders of the Department shall be the record of such proceeding.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.4) (from Ch. 111, par. 4155.4)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.4. Any circuit court may, upon application of the Department or its designee or of the applicant or licensee against whom proceedings upon Section 35.2 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.5. The Department shall have power to subpoena and bring before it any person in this State and to take testimony, either orally or by deposition or both, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
    The Director, and any member of the Board, shall each have power to administer oaths to witnesses at any hearing which the Department is authorized to conduct under this Act, and any other oaths required or authorized to be administered by the Department hereunder.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.6) (from Ch. 111, par. 4155.6)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.6. At the conclusion of the hearing, the Board shall present to the Director a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director.
    The report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis for the Department's order or refusal or for the granting of a license or registration. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.7. Notwithstanding the provisions of Section 35.6 of this Act, the Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action before the Board for refusal to issue, renew, or discipline of a license or certificate. The Director shall notify the Board of any such appointment. The hearing officer shall have full authority to conduct the hearing. There shall be present at least one member of the Board at any such hearing. The hearing officer shall report his findings of fact, conclusions of law and recommendations to the Board and the Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present their findings of fact, conclusions of law, and recommendations to the Director. If the Board fails to present its report within the 60 day period, the Director may issue an order based on the report of the hearing officer. However, if the Board does present its report within the specified 60 days, the Director's order shall be based upon the report of the Board.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.8) (from Ch. 111, par. 4155.8)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.8. In any case involving the refusal to issue, renew or discipline of a license or registration, a copy of the Board's report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the Board except as provided in Section 35.6 or 35.7 of this Act. If the respondent shall order from the reporting service, and pay for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.9. Whenever the Director is satisfied that substantial justice has not been done in the revocation, suspension or refusal to issue or renew a license or registration, the Director may order a rehearing by the same hearing officer and Board.
(Source: P.A. 88‑428.)

    (225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.10. None of the disciplinary functions, powers and duties enumerated in this Act shall be exercised by the Department except upon the action and report in writing of the Board.
    In all instances, under this Act, in which the Board has rendered a recommendation to the Director with respect to a particular license or certificate, the Director shall, in the event that he disagrees with or takes action contrary to the recommendation of the Board, file with the Board and the Secretary of State his specific written reasons of disagreement with the Board. Such reasons shall be filed within 30 days of the occurrence of the Director's contrary position having been taken.
    The action and report in writing of a majority of the Board designated is sufficient authority upon which the Director may act.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.11) (from Ch. 111, par. 4155.11)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.11. In the event that the Department's order of revocation, suspension, placing the licensee on probationary status, or other order of formal disciplinary action is without any reasonable basis, then the State of Illinois shall be liable to the injured party for those special damages suffered as a direct result of such order.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.12) (from Ch. 111, par. 4155.12)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.12. Notwithstanding the provisions herein concerning the conduct of hearings and recommendations for disciplinary actions, the Director shall have the authority to negotiate agreements with licensees and registrants resulting in disciplinary consent orders provided a Board member is present and the discipline is recommended by the Board member. Such consent orders may provide for any of the forms of discipline otherwise provided herein. Such consent orders shall provide that they were not entered into as a result of any coercion by the Department. The Director shall forward copies of all final consent orders to the Board within 30 days of their entry.
(Source: P.A. 88‑428.)

    (225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.13. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:
        (a) the signature is the genuine signature of the
    
Director;
        (b) the Director is duly appointed and qualified; and
        (c) the Board and the members thereof are qualified
    
to act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (225 ILCS 85/35.14) (from Ch. 111, par. 4155.14)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.14. At any time after the suspension or revocation of any certificate, the Department may restore it to the accused person without examination, upon the written recommendation of the Board.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.15) (from Ch. 111, par. 4155.15)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.15. Upon the revocation or suspension of any license or registration, the holder shall forthwith surrender the license(s) or registration(s) to the Department and if the licensee fails to do so, the Department shall have the right to seize the license(s) or certificate(s).
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.16. The Director may temporarily suspend the license of a pharmacist, pharmacy technician or 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 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 Director suspends, temporarily, this license or certificate without a hearing, a hearing by the Department must be held within 10 days after such suspension has occurred, and be concluded without appreciable delay.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.17) (from Ch. 111, par. 4155.17)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.17. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the "Administrative Review Law", as now or hereafter amended, and all rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
    Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides; but if the party is not a resident of this State, the venue shall be in Sangamon County.
(Source: P.A. 85‑796.)

    (225 ILCS 85/35.18) (from Ch. 111, par. 4155.18)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.18. Certification of record. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.
(Source: P.A. 87‑1031.)

    (225 ILCS 85/35.19) (from Ch. 111, par. 4155.19)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 35.19. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. All criminal fines, monies, or other property collected or received by the Department under this Section or any other State or federal statute, including, but not limited to, property forfeited to the Department under Section 505 of The Illinois Controlled Substances Act, shall be deposited into the Professional Regulation Evidence Fund.
(Source: P.A. 86‑685.)

    (225 ILCS 85/36) (from Ch. 111, par. 4156)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 36. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act that provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purpose of this Act the notice required under Section 10‑25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45.)

    (225 ILCS 85/37) (from Ch. 111, par. 4157)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 37. In the event of a conflict between any provision of this Act and the Mental Health and Developmental Disabilities Confidentiality Act, the provisions of this Act shall govern.
(Source: P.A. 85‑796.)

    (225 ILCS 85/38) (from Ch. 111, par. 4158)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 38. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.
(Source: P.A. 85‑796.)

    (225 ILCS 85/39) (from Ch. 111, par. 4159)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 39. All licenses and certificates of registration in effect on December 3l, 1987 and issued pursuant to the "Illinois Pharmacy Practice Act", approved August 23, 1963, as amended, are reinstated for the balance of the term for which last issued. All rules and regulations in effect on December 3l, 1987 and promulgated pursuant to the "Illinois Pharmacy Practice Act", approved August 23, 1963, as amended, shall remain in full force and effect on the effective date of this Act without being promulgated again by the Department, except to the extent any such rule or regulation is inconsistent with any provision of this Act. All disciplinary action, taken or pending, pursuant to the Illinois Pharmacy Practice Act, approved July 11, 1955, as amended, shall, for the actions taken remain in effect, and for the actions pending, shall be continued, on the effective date of this Act without having separate actions filed by the Department.
(Source: P.A. 85‑796.)

    (225 ILCS 85/40)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 40. Severability clause. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 90‑253, eff. 7‑29‑97.)

    (225 ILCS 85/41)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 41. Current usual and customary retail price disclosure. Upon request, a pharmacy must disclose the current usual and customary retail price of any brand or generic prescription drug or medical device that the pharmacy offers for sale to the public. This disclosure requirement applies only to requests made in person or by telephone for the prices of no more than 10 prescription drugs or medical devices for which the person making the request has a prescription. Prices quoted are for informational purposes only and are valid only on the day of inquiry. The requests must specify the name, strength and quantity of the prescription drug.
(Source: P.A. 94‑459, eff. 1‑1‑06.)

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