Bill Text: IL HB1293 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Pharmacy Practice Act. Replaces "pharmacy intern" with "student pharmacist". Provides that any person may apply and successfully register with the Department as a student pharmacist if he or she provides proof that he or she is actively enrolled in a course of study for his or her first professional degree in pharmacy at an ACPE accredited college of pharmacy and has not engaged in conduct or behavior determined to be grounds for discipline under this Act. Provides that once a student pharmacist receives his or her certificate of registration from the Department, he or she may, under the supervision of a licensed pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist. Provides that the any person who is enrolled in a non-traditional Pharm.D. program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another U.S. jurisdiction shall be permitted to engage in the program of practice experience required in the academic program by virtue of such license and shall be exempt from the requirement of registration as a student pharmacist. Effective December 31, 2009.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0673 [HB1293 Detail]
Download: Illinois-2009-HB1293-Introduced.html
Bill Title: Amends the Pharmacy Practice Act. Replaces "pharmacy intern" with "student pharmacist". Provides that any person may apply and successfully register with the Department as a student pharmacist if he or she provides proof that he or she is actively enrolled in a course of study for his or her first professional degree in pharmacy at an ACPE accredited college of pharmacy and has not engaged in conduct or behavior determined to be grounds for discipline under this Act. Provides that once a student pharmacist receives his or her certificate of registration from the Department, he or she may, under the supervision of a licensed pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist. Provides that the any person who is enrolled in a non-traditional Pharm.D. program at an ACPE accredited college of pharmacy and is a licensed pharmacist under the laws of another U.S. jurisdiction shall be permitted to engage in the program of practice experience required in the academic program by virtue of such license and shall be exempt from the requirement of registration as a student pharmacist. Effective December 31, 2009.
Spectrum: Bipartisan Bill
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0673 [HB1293 Detail]
Download: Illinois-2009-HB1293-Introduced.html
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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Pharmacy Practice Act is amended by changing | |||||||||||||||||||||||||
5 | Sections 3, 9, and 25.15 and by adding Section 8.5 as follows:
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6 | (225 ILCS 85/3) (from Ch. 111, par. 4123)
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7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 3. Definitions. For the purpose of this Act, except | |||||||||||||||||||||||||
9 | where otherwise
limited therein:
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10 | (a) "Pharmacy" or "drugstore" means and includes every | |||||||||||||||||||||||||
11 | store, shop,
pharmacy department, or other place where | |||||||||||||||||||||||||
12 | pharmacist
care is
provided
by a pharmacist (1) where drugs, | |||||||||||||||||||||||||
13 | medicines, or poisons are
dispensed, sold or
offered for sale | |||||||||||||||||||||||||
14 | at retail, or displayed for sale at retail; or
(2)
where
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15 | prescriptions of physicians, dentists, advanced practice | |||||||||||||||||||||||||
16 | nurses, physician assistants, veterinarians, podiatrists, or
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17 | optometrists, within the limits of their
licenses, are
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18 | compounded, filled, or dispensed; or (3) which has upon it or
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19 | displayed within
it, or affixed to or used in connection with | |||||||||||||||||||||||||
20 | it, a sign bearing the word or
words "Pharmacist", "Druggist", | |||||||||||||||||||||||||
21 | "Pharmacy", "Pharmaceutical
Care", "Apothecary", "Drugstore",
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22 | "Medicine Store", "Prescriptions", "Drugs", "Dispensary", | |||||||||||||||||||||||||
23 | "Medicines", or any word
or words of similar or like import, |
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1 | either in the English language
or any other language; or (4) | ||||||
2 | where the characteristic prescription
sign (Rx) or similar | ||||||
3 | design is exhibited; or (5) any store, or
shop,
or other place | ||||||
4 | with respect to which any of the above words, objects,
signs or | ||||||
5 | designs are used in any advertisement.
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6 | (b) "Drugs" means and includes (l) articles recognized
in | ||||||
7 | the official United States Pharmacopoeia/National Formulary | ||||||
8 | (USP/NF),
or any supplement thereto and being intended for and | ||||||
9 | having for their
main use the diagnosis, cure, mitigation, | ||||||
10 | treatment or prevention of
disease in man or other animals, as | ||||||
11 | approved by the United States Food and
Drug Administration, but | ||||||
12 | does not include devices or their components, parts,
or | ||||||
13 | accessories; and (2) all other articles intended
for and having | ||||||
14 | for their main use the diagnosis, cure, mitigation,
treatment | ||||||
15 | or prevention of disease in man or other animals, as approved
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16 | by the United States Food and Drug Administration, but does not | ||||||
17 | include
devices or their components, parts, or accessories; and | ||||||
18 | (3) articles
(other than food) having for their main use and | ||||||
19 | intended
to affect the structure or any function of the body of | ||||||
20 | man or other
animals; and (4) articles having for their main | ||||||
21 | use and intended
for use as a component or any articles | ||||||
22 | specified in clause (l), (2)
or (3); but does not include | ||||||
23 | devices or their components, parts or
accessories.
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24 | (c) "Medicines" means and includes all drugs intended for
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25 | human or veterinary use approved by the United States Food and | ||||||
26 | Drug
Administration.
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1 | (d) "Practice of pharmacy" means (1) the interpretation and | ||||||
2 | the provision of assistance in the monitoring, evaluation, and | ||||||
3 | implementation of prescription drug orders; (2) the dispensing | ||||||
4 | of prescription drug orders; (3) participation in drug and | ||||||
5 | device selection; (4) drug administration limited to the | ||||||
6 | administration of oral, topical, injectable, and inhalation as | ||||||
7 | follows: in the context of patient education on the proper use | ||||||
8 | or delivery of medications; vaccination of patients 14 years of | ||||||
9 | age and older pursuant to a valid prescription or standing | ||||||
10 | order, by a physician licensed to practice medicine in all its | ||||||
11 | branches, upon completion of appropriate training, including | ||||||
12 | how to address contraindications and adverse reactions set | ||||||
13 | forth by rule, with notification to the patient's physician and | ||||||
14 | appropriate record retention, or pursuant to hospital pharmacy | ||||||
15 | and therapeutics committee policies and procedures; (5) drug | ||||||
16 | regimen review; (6) drug or drug-related research; (7) the | ||||||
17 | provision of patient counseling; (8) the practice of | ||||||
18 | telepharmacy; (9) the provision of those acts or services | ||||||
19 | necessary to provide pharmacist care; (10) medication therapy | ||||||
20 | management; and (11) the responsibility for compounding and | ||||||
21 | labeling of drugs and devices (except labeling by a | ||||||
22 | manufacturer, repackager, or distributor of non-prescription | ||||||
23 | drugs and commercially packaged legend drugs and devices), | ||||||
24 | proper and safe storage of drugs and devices, and maintenance | ||||||
25 | of required records. A pharmacist who performs any of the acts | ||||||
26 | defined as the practice of pharmacy in this State must be |
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1 | actively licensed as a pharmacist under this Act.
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2 | (e) "Prescription" means and includes any written, oral, | ||||||
3 | facsimile, or
electronically transmitted order for drugs
or | ||||||
4 | medical devices, issued by a physician licensed to practice | ||||||
5 | medicine in
all its branches, dentist, veterinarian, or | ||||||
6 | podiatrist, or
optometrist, within the
limits of their | ||||||
7 | licenses, by a physician assistant in accordance with
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8 | subsection (f) of Section 4, or by an advanced practice nurse | ||||||
9 | in
accordance with subsection (g) of Section 4, containing the
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10 | following: (l) name
of the patient; (2) date when prescription | ||||||
11 | was issued; (3) name
and strength of drug or description of the | ||||||
12 | medical device prescribed;
and (4) quantity, (5) directions for | ||||||
13 | use, (6) prescriber's name,
address
and signature, and (7) DEA | ||||||
14 | number where required, for controlled
substances.
DEA numbers | ||||||
15 | shall not be required on inpatient drug orders.
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16 | (f) "Person" means and includes a natural person, | ||||||
17 | copartnership,
association, corporation, government entity, or | ||||||
18 | any other legal
entity.
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19 | (g) "Department" means the Department of Financial and
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20 | Professional Regulation.
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21 | (h) "Board of Pharmacy" or "Board" means the State Board
of | ||||||
22 | Pharmacy of the Department of Financial and Professional | ||||||
23 | Regulation.
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24 | (i) "Secretary"
means the Secretary
of Financial and | ||||||
25 | Professional Regulation.
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26 | (j) "Drug product selection" means the interchange for a
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1 | prescribed pharmaceutical product in accordance with Section | ||||||
2 | 25 of
this Act and Section 3.14 of the Illinois Food, Drug and | ||||||
3 | Cosmetic Act.
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4 | (k) "Inpatient drug order" means an order issued by an | ||||||
5 | authorized
prescriber for a resident or patient of a facility | ||||||
6 | licensed under the
Nursing Home Care Act or the Hospital | ||||||
7 | Licensing Act, or "An Act in relation to
the founding and | ||||||
8 | operation of the University of Illinois Hospital and the
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9 | conduct of University of Illinois health care programs", | ||||||
10 | approved July 3, 1931,
as amended, or a facility which is | ||||||
11 | operated by the Department of Human
Services (as successor to | ||||||
12 | the Department of Mental Health
and Developmental | ||||||
13 | Disabilities) or the Department of Corrections.
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14 | (k-5) "Pharmacist" means an individual health care | ||||||
15 | professional and
provider currently licensed by this State to | ||||||
16 | engage in the practice of
pharmacy.
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17 | (l) "Pharmacist in charge" means the licensed pharmacist | ||||||
18 | whose name appears
on a pharmacy license and who is responsible | ||||||
19 | for all aspects of the
operation related to the practice of | ||||||
20 | pharmacy.
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21 | (m) "Dispense" or "dispensing" means the interpretation, | ||||||
22 | evaluation, and implementation of a prescription drug order, | ||||||
23 | including the preparation and delivery of a drug or device to a | ||||||
24 | patient or patient's agent in a suitable container | ||||||
25 | appropriately labeled for subsequent administration to or use | ||||||
26 | by a patient in accordance with applicable State and federal |
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1 | laws and regulations.
"Dispense" or "dispensing" does not mean | ||||||
2 | the physical delivery to a patient or a
patient's | ||||||
3 | representative in a home or institution by a designee of a | ||||||
4 | pharmacist
or by common carrier. "Dispense" or "dispensing" | ||||||
5 | also does not mean the physical delivery
of a drug or medical | ||||||
6 | device to a patient or patient's representative by a
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7 | pharmacist's designee within a pharmacy or drugstore while the | ||||||
8 | pharmacist is
on duty and the pharmacy is open.
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9 | (n) "Nonresident pharmacy"
means a pharmacy that is located | ||||||
10 | in a state, commonwealth, or territory
of the United States, | ||||||
11 | other than Illinois, that delivers, dispenses, or
distributes, | ||||||
12 | through the United States Postal Service, commercially | ||||||
13 | acceptable parcel delivery service, or other common
carrier, to | ||||||
14 | Illinois residents, any substance which requires a | ||||||
15 | prescription.
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16 | (o) "Compounding" means the preparation and mixing of | ||||||
17 | components, excluding flavorings, (1) as the result of a | ||||||
18 | prescriber's prescription drug order or initiative based on the | ||||||
19 | prescriber-patient-pharmacist relationship in the course of | ||||||
20 | professional practice or (2) for the purpose of, or incident | ||||||
21 | to, research, teaching, or chemical analysis and not for sale | ||||||
22 | or dispensing. "Compounding" includes the preparation of drugs | ||||||
23 | or devices in anticipation of receiving prescription drug | ||||||
24 | orders based on routine, regularly observed dispensing | ||||||
25 | patterns. Commercially available products may be compounded | ||||||
26 | for dispensing to individual patients only if all of the |
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1 | following conditions are met: (i) the commercial product is not | ||||||
2 | reasonably available from normal distribution channels in a | ||||||
3 | timely manner to meet the patient's needs and (ii) the | ||||||
4 | prescribing practitioner has requested that the drug be | ||||||
5 | compounded.
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6 | (p) (Blank).
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7 | (q) (Blank).
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8 | (r) "Patient counseling" means the communication between a | ||||||
9 | pharmacist or a student pharmacist pharmacy intern under the | ||||||
10 | supervision of a pharmacist and a patient or the patient's | ||||||
11 | representative about the patient's medication or device for the | ||||||
12 | purpose of optimizing proper use of prescription medications or | ||||||
13 | devices. "Patient counseling" may include without limitation | ||||||
14 | (1) obtaining a medication history; (2) acquiring a patient's | ||||||
15 | allergies and health conditions; (3) facilitation of the | ||||||
16 | patient's understanding of the intended use of the medication; | ||||||
17 | (4) proper directions for use; (5) significant potential | ||||||
18 | adverse events; (6) potential food-drug interactions; and (7) | ||||||
19 | the need to be compliant with the medication therapy. A | ||||||
20 | pharmacy technician may only participate in the following | ||||||
21 | aspects of patient counseling under the supervision of a | ||||||
22 | pharmacist: (1) obtaining medication history; (2) providing | ||||||
23 | the offer for counseling by a student pharmacist pharmacist or | ||||||
24 | intern ; and (3) acquiring a patient's allergies and health | ||||||
25 | conditions.
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26 | (s) "Patient profiles" or "patient drug therapy record" |
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1 | means the
obtaining, recording, and maintenance of patient | ||||||
2 | prescription
information, including prescriptions for | ||||||
3 | controlled substances, and
personal information.
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4 | (t) (Blank).
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5 | (u) "Medical device" means an instrument, apparatus, | ||||||
6 | implement, machine,
contrivance, implant, in vitro reagent, or | ||||||
7 | other similar or related article,
including any component part | ||||||
8 | or accessory, required under federal law to
bear the label | ||||||
9 | "Caution: Federal law requires dispensing by or on the order
of | ||||||
10 | a physician". A seller of goods and services who, only for the | ||||||
11 | purpose of
retail sales, compounds, sells, rents, or leases | ||||||
12 | medical devices shall not,
by reasons thereof, be required to | ||||||
13 | be a licensed pharmacy.
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14 | (v) "Unique identifier" means an electronic signature, | ||||||
15 | handwritten
signature or initials, thumb print, or other | ||||||
16 | acceptable biometric
or electronic identification process as | ||||||
17 | approved by the Department.
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18 | (w) "Current usual and customary retail price" means the | ||||||
19 | price that a pharmacy charges to a non-third-party payor
.
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20 | (x) "Automated pharmacy system" means a mechanical system | ||||||
21 | located within the confines of the pharmacy or remote location | ||||||
22 | that performs operations or activities, other than compounding | ||||||
23 | or administration, relative to storage, packaging, dispensing, | ||||||
24 | or distribution of medication, and which collects, controls, | ||||||
25 | and maintains all transaction information. | ||||||
26 | (y) "Drug regimen review" means and includes the evaluation |
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1 | of prescription drug orders and patient records for (1)
known | ||||||
2 | allergies; (2) drug or potential therapy contraindications;
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3 | (3) reasonable dose, duration of use, and route of | ||||||
4 | administration, taking into consideration factors such as age, | ||||||
5 | gender, and contraindications; (4) reasonable directions for | ||||||
6 | use; (5) potential or actual adverse drug reactions; (6) | ||||||
7 | drug-drug interactions; (7) drug-food interactions; (8) | ||||||
8 | drug-disease contraindications; (9) therapeutic duplication; | ||||||
9 | (10) patient laboratory values when authorized and available; | ||||||
10 | (11) proper utilization (including over or under utilization) | ||||||
11 | and optimum therapeutic outcomes; and (12) abuse and misuse.
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12 | (z) "Electronic transmission prescription" means any | ||||||
13 | prescription order for which a facsimile or electronic image of | ||||||
14 | the order is electronically transmitted from a licensed | ||||||
15 | prescriber to a pharmacy. "Electronic transmission | ||||||
16 | prescription" includes both data and image prescriptions.
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17 | (aa) "Medication therapy management services" means a | ||||||
18 | distinct service or group of services offered by licensed | ||||||
19 | pharmacists, physicians licensed to practice medicine in all | ||||||
20 | its branches, advanced practice nurses authorized in a written | ||||||
21 | agreement with a physician licensed to practice medicine in all | ||||||
22 | its branches, or physician assistants authorized in guidelines | ||||||
23 | by a supervising physician that optimize therapeutic outcomes | ||||||
24 | for individual patients through improved medication use. In a | ||||||
25 | retail or other non-hospital pharmacy, medication therapy | ||||||
26 | management services shall consist of the evaluation of |
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1 | prescription drug orders and patient medication records to | ||||||
2 | resolve conflicts with the following: | ||||||
3 | (1) known allergies; | ||||||
4 | (2) drug or potential therapy contraindications; | ||||||
5 | (3) reasonable dose, duration of use, and route of | ||||||
6 | administration, taking into consideration factors such as | ||||||
7 | age, gender, and contraindications; | ||||||
8 | (4) reasonable directions for use; | ||||||
9 | (5) potential or actual adverse drug reactions; | ||||||
10 | (6) drug-drug interactions; | ||||||
11 | (7) drug-food interactions; | ||||||
12 | (8) drug-disease contraindications; | ||||||
13 | (9) identification of therapeutic duplication; | ||||||
14 | (10) patient laboratory values when authorized and | ||||||
15 | available; | ||||||
16 | (11) proper utilization (including over or under | ||||||
17 | utilization) and optimum therapeutic outcomes; and | ||||||
18 | (12) drug abuse and misuse. | ||||||
19 | "Medication therapy management services" includes the | ||||||
20 | following: | ||||||
21 | (1) documenting the services delivered and | ||||||
22 | communicating the information provided to patients' | ||||||
23 | prescribers within an appropriate time frame, not to exceed | ||||||
24 | 48 hours; | ||||||
25 | (2) providing patient counseling designed to enhance a | ||||||
26 | patient's understanding and the appropriate use of his or |
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1 | her medications; and | ||||||
2 | (3) providing information, support services, and | ||||||
3 | resources designed to enhance a patient's adherence with | ||||||
4 | his or her prescribed therapeutic regimens.
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5 | "Medication therapy management services" may also include | ||||||
6 | patient care functions authorized by a physician licensed to | ||||||
7 | practice medicine in all its branches for his or her identified | ||||||
8 | patient or groups of patients under specified conditions or | ||||||
9 | limitations in a standing order from the physician. | ||||||
10 | "Medication therapy management services" in a licensed | ||||||
11 | hospital may also include the following: | ||||||
12 | (1) reviewing assessments of the patient's health | ||||||
13 | status; and | ||||||
14 | (2) following protocols of a hospital pharmacy and | ||||||
15 | therapeutics committee with respect to the fulfillment of | ||||||
16 | medication orders.
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17 | (bb) "Pharmacist care" means the provision by a pharmacist | ||||||
18 | of medication therapy management services, with or without the | ||||||
19 | dispensing of drugs or devices, intended to achieve outcomes | ||||||
20 | that improve patient health, quality of life, and comfort and | ||||||
21 | enhance patient safety.
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22 | (cc) "Protected health information" means individually | ||||||
23 | identifiable health information that, except as otherwise | ||||||
24 | provided, is:
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25 | (1) transmitted by electronic media; | ||||||
26 | (2) maintained in any medium set forth in the |
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1 | definition of "electronic media" in the federal Health | ||||||
2 | Insurance Portability and Accountability Act; or | ||||||
3 | (3) transmitted or maintained in any other form or | ||||||
4 | medium. | ||||||
5 | "Protected health information" does not include individually | ||||||
6 | identifiable health information found in: | ||||||
7 | (1) education records covered by the federal | ||||||
8 | Family Educational Right and Privacy Act; or | ||||||
9 | (2) employment records held by a licensee in its | ||||||
10 | role as an employer. | ||||||
11 | (dd) "Standing order" means a specific order for a patient | ||||||
12 | or group of patients issued by a physician licensed to practice | ||||||
13 | medicine in all its branches in Illinois. | ||||||
14 | (ee) "Address of record" means the address recorded by the | ||||||
15 | Department in the applicant's or licensee's application file or | ||||||
16 | license file, as maintained by the Department's licensure | ||||||
17 | maintenance unit. | ||||||
18 | (ff) "Home pharmacy" means the location of a pharmacy's | ||||||
19 | primary operations.
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20 | (Source: P.A. 94-459, eff. 1-1-06; 95-689, eff. 10-29-07.)
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21 | (225 ILCS 85/8.5 new) | ||||||
22 | Sec. 8.5. Registration as a student pharmacist. | ||||||
23 | (a) Any person may register with the Department as a | ||||||
24 | student pharmacist if he or she provides proof that he or she | ||||||
25 | is actively enrolled in a course of study for his or her first |
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1 | professional degree in pharmacy at a college of pharmacy | ||||||
2 | accredited by the Accreditation Council for Pharmacy Education | ||||||
3 | (ACPE), has not engaged in conduct or behavior determined to be | ||||||
4 | grounds for discipline under this Act, and has filed a written | ||||||
5 | application for registration on a form to be prescribed and | ||||||
6 | furnished by the Department for that purpose. | ||||||
7 | (b) The Department shall issue a certificate of | ||||||
8 | registration as a student pharmacist to any applicant who has | ||||||
9 | qualified under subsection (a) of this Section, and such | ||||||
10 | registration shall be the sole authority required to assist | ||||||
11 | licensed pharmacists in the practice of pharmacy. A student | ||||||
12 | pharmacist may, under the supervision of a pharmacist, assist | ||||||
13 | in the practice of pharmacy and perform any and all functions | ||||||
14 | delegated to him or her by the pharmacist. | ||||||
15 | The Department, upon the recommendation of the Board, may | ||||||
16 | take any action set forth in Section 30 of this Act with regard | ||||||
17 | to certificates issued by the Department pursuant to this | ||||||
18 | Section. | ||||||
19 | (c) The Department may require verification of active | ||||||
20 | enrollment of a student pharmacist applicant from his or her | ||||||
21 | college of pharmacy and may request regular enrollment updates | ||||||
22 | from colleges of pharmacy in this State and other states. | ||||||
23 | (d) Any person who is enrolled in a non-traditional | ||||||
24 | Pharm.D. program at an ACPE accredited college of pharmacy and | ||||||
25 | is a licensed pharmacist under the laws of another U.S. | ||||||
26 | jurisdiction shall be permitted to engage in the program of |
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1 | practice experience required in the academic program by virtue | ||||||
2 | of such license. Such person shall be exempt from the | ||||||
3 | requirement of registration as a student pharmacist while | ||||||
4 | engaged in the program of practice experience required in the | ||||||
5 | academic program. | ||||||
6 | (e) An applicant for registration as a student pharmacist | ||||||
7 | may assist a pharmacist in the practice of pharmacy for a | ||||||
8 | period of up to 60 days prior to the issuance of a certificate | ||||||
9 | of registration if the applicant has submitted the required fee | ||||||
10 | and an application for registration to the Department. The | ||||||
11 | applicant shall keep a copy of the submitted application on the | ||||||
12 | premises where the applicant is assisting in the practice of | ||||||
13 | pharmacy. The Department shall forward confirmation of receipt | ||||||
14 | of the application with start and expiration dates of practice | ||||||
15 | pending registration.
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16 | (225 ILCS 85/9) (from Ch. 111, par. 4129)
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17 | (Section scheduled to be repealed on January 1, 2018)
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18 | Sec. 9. Registration as pharmacy technician. Any person | ||||||
19 | shall be entitled
to registration as a registered pharmacy | ||||||
20 | technician who is of the age of 16
or over, has not engaged in | ||||||
21 | conduct or behavior determined to be grounds for
discipline | ||||||
22 | under this Act, is attending or has
graduated from an | ||||||
23 | accredited high school or comparable school or educational
| ||||||
24 | institution or received a GED, and has filed a written | ||||||
25 | application for registration on a form
to be prescribed and |
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1 | furnished by the Department for that purpose. The
Department | ||||||
2 | shall issue a certificate of
registration as a registered | ||||||
3 | pharmacy technician to any applicant who has
qualified as | ||||||
4 | aforesaid, and such registration shall be the sole authority
| ||||||
5 | required to assist licensed pharmacists in the practice of | ||||||
6 | pharmacy, under
the supervision of a licensed pharmacist. A | ||||||
7 | registered pharmacy technician may, under the supervision of a | ||||||
8 | pharmacist, assist in the practice of pharmacy and perform such | ||||||
9 | functions as assisting in the dispensing process, offering | ||||||
10 | counseling, receiving new verbal prescription orders, and | ||||||
11 | having prescriber contact concerning prescription drug order | ||||||
12 | clarification. A registered pharmacy technician may not engage | ||||||
13 | in patient counseling, drug regimen review, or clinical | ||||||
14 | conflict resolution. | ||||||
15 | Beginning on January 1, 2010, within 2 years after being | ||||||
16 | employed as a registered technician, a pharmacy technician must | ||||||
17 | become certified by successfully passing the Pharmacy | ||||||
18 | Technician Certification Board (PTCB) examination or another | ||||||
19 | Board-approved pharmacy technician examination in order to | ||||||
20 | continue to perform pharmacy technician's duties. This | ||||||
21 | requirement does not apply to pharmacy technicians hired prior | ||||||
22 | to January 1, 2008.
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23 | Any person registered
as a pharmacy technician who is also | ||||||
24 | enrolled in a first professional
degree program in pharmacy in | ||||||
25 | a school or college of pharmacy or a
department of pharmacy of | ||||||
26 | a university approved by the Department shall be
considered a |
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1 | "pharmacy intern"
and entitled to use the title "pharmacy | ||||||
2 | intern". A pharmacy intern must meet all of the requirements | ||||||
3 | for registration as a pharmacy technician set forth in this | ||||||
4 | Section and pay the required pharmacy technician registration | ||||||
5 | fees
. | ||||||
6 | The Department, upon the recommendation of the Board, may
| ||||||
7 | take any action set forth in Section 30 of this Act with regard | ||||||
8 | to
certificates pursuant to this Section.
| ||||||
9 | Any person who is enrolled in a non-traditional Pharm.D.
| ||||||
10 | program at an ACPE accredited college of pharmacy and is a | ||||||
11 | licensed pharmacist
under the laws of another United States | ||||||
12 | jurisdiction shall be permitted to
engage in the program of | ||||||
13 | practice experience required in the academic program
by virtue | ||||||
14 | of such license. Such person shall be exempt from the | ||||||
15 | requirement
of registration as a registered pharmacy | ||||||
16 | technician while engaged in the
program of practice experience | ||||||
17 | required in the academic program.
| ||||||
18 | An applicant for registration as a pharmacy technician may | ||||||
19 | assist a
pharmacist in the practice of pharmacy for a period of | ||||||
20 | up to
60 days prior to the issuance of a certificate of | ||||||
21 | registration if the
applicant has submitted the required fee | ||||||
22 | and an application for registration
to the Department. The | ||||||
23 | applicant shall keep a copy of the submitted
application on the | ||||||
24 | premises where the applicant is assisting in the
practice of | ||||||
25 | pharmacy. The Department shall forward confirmation of receipt | ||||||
26 | of the application with start and expiration dates of practice |
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| |||||||
1 | pending registration.
| ||||||
2 | (Source: P.A. 95-689, eff. 10-29-07.)
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3 | (225 ILCS 85/25.15) | ||||||
4 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
5 | Sec. 25.15. Telepharmacy.
| ||||||
6 | (a) In this Section, "telepharmacy" means the provision of | ||||||
7 | pharmacist care by a pharmacist that is accomplished through
| ||||||
8 | the use of telecommunications or other technologies to patients
| ||||||
9 | or their agents who are at a distance and are located within | ||||||
10 | the
United States, and which follows all federal and State | ||||||
11 | laws, rules,
and regulations with regard to privacy and | ||||||
12 | security. | ||||||
13 | (b) Any pharmacy engaged in the practice of telepharmacy | ||||||
14 | must meet all of the following conditions:
| ||||||
15 | (1) All events involving the contents of an
automated | ||||||
16 | pharmacy system must be stored in a secure location
and may | ||||||
17 | be recorded electronically. | ||||||
18 | (2) An automated pharmacy or prescription dispensing | ||||||
19 | machine system may be used in
conjunction with the | ||||||
20 | pharmacy's practice of telepharmacy after inspection and | ||||||
21 | approval by the Department. | ||||||
22 | (3) The pharmacist in charge shall: | ||||||
23 | (A) be responsible for the practice of | ||||||
24 | telepharmacy
performed at a remote pharmacy, including | ||||||
25 | the supervision of any
prescription dispensing machine |
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| |||||||
1 | or automated medication system; | ||||||
2 | (B) ensure that the home pharmacy has
sufficient | ||||||
3 | pharmacists on duty for the safe operation and
| ||||||
4 | supervision of all remote pharmacies; | ||||||
5 | (C) ensure, through the use of a video and auditory
| ||||||
6 | communication system, that a certified pharmacy | ||||||
7 | technician at the remote
pharmacy has accurately and | ||||||
8 | correctly prepared any prescription for
dispensing | ||||||
9 | according to the prescription; | ||||||
10 | (D) be responsible for the supervision and | ||||||
11 | training of
certified pharmacy technicians at remote | ||||||
12 | pharmacies who shall be subject to
all rules and | ||||||
13 | regulations; and | ||||||
14 | (E) ensure that patient counseling at the remote | ||||||
15 | pharmacy is
performed by a pharmacist or student | ||||||
16 | pharmacist pharmacist intern .
| ||||||
17 | (Source: P.A. 95-689, eff. 10-29-07.)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|