There Is a Newer Version of the Illinois Compiled Statutes
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(Section scheduled to be repealed on January 1, 2008)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.)
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(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(Section scheduled to be repealed on January 1, 2008)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.)
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(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(Section scheduled to be repealed on January 1, 2008)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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) no party will be injured by the granting of the | ||
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(3) the rule from which the variance is granted | ||
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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.)
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(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.)
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(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.)
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(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
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(2) other than a Division VI pharmacy, such pharmacy | ||
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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.)
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(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.)
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(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.)
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(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 | ||
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(2) of the location, names, and titles of all | ||
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(3) that it complies with all lawful directions and | ||
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(4) that it maintains its records of drugs dispensed | ||
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(5) that it cooperates with the Board in providing | ||
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(6) that during its regular hours of operation, but | ||
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(Source: P.A. 91‑438, eff. 1‑1‑00.)
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(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 | ||
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(2) If disposition of all legend drugs does not | ||
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(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.)
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(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 | ||
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(2) Tasks and technical skills, policies, and | ||
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(3) Compounding, packaging, labeling, and storage.
(4) Pharmaceutical and medical terminology.
(5) Record keeping requirements.
(6) The ability to perform and apply arithmetic | ||
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(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.)
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(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
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(2) the data processing system is capable of | ||
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(3) the digital images are recorded and stored only | ||
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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.)
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(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 | ||
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(b) Determine that the prescription is valid and on | ||
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(c) Notify the pharmacy where the prescription is on | ||
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(d) Record in writing the prescription order, the | ||
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(e) Obtain the consent of the prescriber to the | ||
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(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 | ||
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(b) Record on the face of the prescription the name | ||
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(c) Cancel the prescription on file by writing the | ||
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(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.)
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(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.)
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(225 ILCS 85/21) (from Ch. 111, par. 4141)
Sec. 21.
(Repealed).
(Source: Repealed by P.A. 88‑428.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(2) The fee for the renewal of a certificate of | ||
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(B) License as a pharmacist.
(1) The fee for application for a license is $75.
(2) In addition, applicants for any examination as a | ||
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(3) The fee for a license as a registered pharmacist | ||
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(4) The fee upon the renewal of a license shall be | ||
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(5) The fee for the restoration of a certificate | ||
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(6) Applicants for the preliminary diagnostic | ||
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(7) The fee to have the scoring of an examination | ||
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(C) License as a pharmacy.
(1) The fee for application for a license for a | ||
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(2) The fee for the renewal of a license for a | ||
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(3) The fee for the change of a pharmacist‑in‑charge | ||
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(D) General Fees.
(1) The fee for the issuance of a duplicate license, | ||
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(2) The fee for a certification of a registrant's | ||
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(3) The fee to have the scoring of an examination | ||
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(4) The fee for a wall certificate showing licensure | ||
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(5) The fee for a roster of persons registered as | ||
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(6) The fee for pharmacy licensing, disciplinary or | ||
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(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.)
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(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.)
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(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.)
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(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 | ||
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2. Violations of this Act, or the rules promulgated | ||
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3. Making any misrepresentation for the purpose of | ||
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4. A pattern of conduct which demonstrates | ||
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5. Aiding or assisting another person in violating | ||
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6. Failing, within 60 days, to respond to a written | ||
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7. Engaging in dishonorable, unethical or | ||
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8. Discipline by another U.S. jurisdiction or | ||
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9. Directly or indirectly giving to or receiving | ||
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10. A finding by the Department that the licensee, | ||
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11. Selling or engaging in the sale of drug samples | ||
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12. Physical illness, including but not limited to, | ||
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13. A finding that licensure or registration has | ||
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14. The applicant, or licensee has been convicted in | ||
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15. Habitual or excessive use or addiction to | ||
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16. Willfully making or filing false records or | ||
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17. Gross and willful overcharging for professional | ||
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18. Repetitiously dispensing prescription drugs | ||
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19. Upon a finding of a substantial discrepancy in a | ||
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20. Physical illness which results in the inability | ||
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21. Violation of the Health Care Worker | ||
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22. Failing to sell or dispense any drug, medicine, | ||
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23. Interfering with the professional judgment of a | ||
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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 | ||
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(b) the Director is duly appointed and qualified;
and
(c) the Board and the members thereof are qualified | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)
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(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.)Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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