Bill Text: IL SB0194 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Pharmacy Practice Act. Provides that a student pharmacist or licensed pharmacy technician engaged in remote prescription processing of dialysate or devices necessary to perform home peritoneal renal dialysis at a licensed pharmacy shall be permitted to access an employer pharmacy's database from his or her home or other remote location while under the supervision of a pharmacist for the purpose of performing certain prescription processing functions, provided that the pharmacy establishes controls to protect the privacy and security of confidential records. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0084 [SB0194 Detail]

Download: Illinois-2021-SB0194-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act is amended by
changing Section 4 as follows:
(225 ILCS 85/4) (from Ch. 111, par. 4124)
(Section scheduled to be repealed on January 1, 2023)
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,
podiatric physician, 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

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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

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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 under Section 7.5 of the Physician Assistant
Practice Act of 1987 may, but is not required to, include
prescription of controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, in
accordance with a written supervision agreement;
(g) the delegation of prescriptive authority by a
physician licensed to practice medicine in all its
branches or a licensed podiatric physician to an advanced
practice registered nurse in accordance with a written
collaborative agreement under Sections 65-35 and 65-40 of
the Nurse Practice Act; and
(h) the sale or distribution of dialysate or devices
necessary to perform home peritoneal renal dialysis for
patients with end-stage renal disease, provided that all
of the following conditions are met:

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(1) the dialysate, comprised of dextrose or
icodextrin, or devices are approved or cleared by the
federal Food and Drug Administration, as required by
federal law;
(2) the dialysate or devices are lawfully held by
a manufacturer or the manufacturer's agent, which is
properly registered with the Board as a manufacturer,
third-party logistics provider, or wholesaler;
(3) the dialysate or devices are held and
delivered to the manufacturer or the manufacturer's
agent in the original, sealed packaging from the
manufacturing facility;
(4) the dialysate or devices are delivered only
upon receipt of a physician's prescription by a
licensed pharmacy in which the prescription is
processed in accordance with provisions set forth in
this Act, and the transmittal of an order from the
licensed pharmacy to the manufacturer or the
manufacturer's agent; and
(5) the manufacturer or the manufacturer's agent
delivers the dialysate or devices directly to: (i) a
patient with end-stage renal disease, or his or her
designee, for the patient's self-administration of the
dialysis therapy or (ii) a health care provider or
institution for administration or delivery of the
dialysis therapy to a patient with end-stage renal

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disease.
This paragraph (h) does not include any other drugs
for peritoneal dialysis, except dialysate, as described in
item (1) of this paragraph (h). All records of sales and
distribution of dialysate to patients made pursuant to
this paragraph (h) must be retained in accordance with
Section 18 of this Act. A student pharmacist or licensed
pharmacy technician engaged in remote prescription
processing under Section 25.10 of this Act at a licensed
pharmacy described in item (4) of this paragraph (h) shall
be permitted to access an employer pharmacy's database
from his or her home or other remote location while under
the supervision of a pharmacist for the purpose of
performing certain prescription processing functions,
provided that the pharmacy establishes controls to protect
the privacy and security of confidential records.
(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
100-863, eff. 8-14-18; 101-420, eff. 8-16-19.)