Bill Text: IL SB0902 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2018 to January 1, 2028. Amends the Pharmacy Practice Act. Provides that all applicants and licensees shall provide a valid address and email address, which shall serve as the address and email address of record, and shall inform the Department of Financial and Professional Regulation of any change of address or email address through specified means. Provides for the licensure (rather than registration) of registered pharmacy technicians, registered certified pharmacy technicians, and pharmacists, and makes conforming changes. Removes provision allowing each member of the State Board of Pharmacy to receive a per diem payment in an amount determined from time to time by the Secretary of Financial and Professional Regulation for attendance at meetings of the Board and conducting other official business of the Board. Changes references to "Director" to references to "Secretary" or "Department" throughout the Act. Eliminates the position of deputy pharmacy coordinator. Makes changes in provisions concerning definitions, duties of the Department, inactive status, pharmacists in charge, nonresident pharmacy licenses, record retention, automated pharmacy systems, remote prescription processing, and discipline. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB0902 Detail]

Download: Illinois-2017-SB0902-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 Regulatory Sunset Act is amended by changing
Sections 4.28 and 4.30 as follows:
(5 ILCS 80/4.28)
Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
The Illinois Petroleum Education and Marketing Act.
The Podiatric Medical Practice Act of 1987.
The Acupuncture Practice Act.
The Illinois Speech-Language Pathology and Audiology
Practice Act.
The Interpreter for the Deaf Licensure Act of 2007.
The Nurse Practice Act.
The Clinical Social Work and Social Work Practice Act.
The Pharmacy Practice Act.
The Home Medical Equipment and Services Provider License
Act.
The Marriage and Family Therapy Licensing Act.
The Nursing Home Administrators Licensing and Disciplinary
Act.
The Physician Assistant Practice Act of 1987.

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(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09.)
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;
96-1000, eff. 7-2-10.)

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Section 10. The Pharmacy Practice Act is amended by
changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16,
16a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30,
30.5, 32, 33, 34, 35.1, 35.2, 35.5, 35.6, 35.7, 35.8, 35.12,
35.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding
Sections 3.5, 4.5, 35.20, and 35.21 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2018)
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
pharmacist 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, advanced practice
nurses, physician assistants, veterinarians, podiatric
physicians, or 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", "Dispensary", "Medicines", or any word or words of

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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 (1) 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 (1), (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.

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(d) "Practice of pharmacy" means (1) the interpretation and
the provision of assistance in the monitoring, evaluation, and
implementation of prescription drug orders; (2) the dispensing
of prescription drug orders; (3) participation in drug and
device selection; (4) drug administration limited to the
administration of oral, topical, injectable, and inhalation as
follows: in the context of patient education on the proper use
or delivery of medications; vaccination of patients 14 years of
age and older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in all its
branches, upon completion of appropriate training, including
how to address contraindications and adverse reactions set
forth by rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital pharmacy
and therapeutics committee policies and procedures; (5)
vaccination of patients ages 10 through 13 limited to the
Influenza (inactivated influenza vaccine and live attenuated
influenza intranasal vaccine) and Tdap (defined as tetanus,
diphtheria, acellular pertussis) vaccines, pursuant to a valid
prescription or standing order, by a physician licensed to
practice medicine in all its branches, upon completion of
appropriate training, including how to address
contraindications and adverse reactions set forth by rule, with
notification to the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and therapeutics
committee policies and procedures; (6) drug regimen review; (7)

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drug or drug-related research; (8) the provision of patient
counseling; (9) the practice of telepharmacy; (10) the
provision of those acts or services necessary to provide
pharmacist care; (11) medication therapy management; and (12)
the responsibility for compounding and labeling of drugs and
devices (except labeling by a manufacturer, repackager, or
distributor of non-prescription drugs and commercially
packaged legend drugs and devices), proper and safe storage of
drugs and devices, and maintenance of required records. A
pharmacist who performs any of the acts defined as the practice
of pharmacy in this State must be actively licensed as a
pharmacist under this Act.
(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, podiatric
physician, or 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: (1) 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
registration number where required, for controlled substances.
The prescription may, but is not required to, list the illness,

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disease, or condition for which the drug or device is being
prescribed. DEA registration numbers shall not be required on
inpatient drug orders.
(f) "Person" means and includes a natural person,
partnership copartnership, association, corporation,
government entity, or any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board of
Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
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, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, 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

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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" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" 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" or "dispensing"
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) "Nonresident pharmacy" means a pharmacy that is located
in a state, commonwealth, or territory of the United States,

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other than Illinois, that delivers, dispenses, or distributes,
through the United States Postal Service, commercially
acceptable parcel delivery service, or other common carrier, to
Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about

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the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student pharmacist;
and (3) acquiring a patient's allergies and health conditions.
(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) (Blank).
(u) "Medical device" or "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,

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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 biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the evaluation
of prescription drug orders and patient records for (1) known
allergies; (2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as age,
gender, and contraindications; (4) reasonable directions for
use; (5) potential or actual adverse drug reactions; (6)
drug-drug interactions; (7) drug-food interactions; (8)
drug-disease contraindications; (9) therapeutic duplication;
(10) patient laboratory values when authorized and available;
(11) proper utilization (including over or under utilization)
and optimum therapeutic outcomes; and (12) abuse and misuse.

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(z) "Electronically transmitted Electronic transmission
prescription" means a prescription that is created, recorded,
or stored by electronic means; issued and validated with an
electronic signature; and transmitted by electronic means
directly from the prescriber to a pharmacy. An electronic
prescription is not an image of a physical prescription that is
transferred by electronic means from computer to computer,
facsimile to facsimile, or facsimile to computer any
prescription order for which a facsimile or electronic image of
the order is electronically transmitted from a licensed
prescriber to a pharmacy. "Electronic transmission
prescription" includes both data and image prescriptions.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice nurses authorized in a written
agreement with a physician licensed to practice medicine in all
its branches, or physician assistants authorized in guidelines
by a supervising physician that optimize therapeutic outcomes
for individual patients through improved medication use. In a
retail or other non-hospital pharmacy, medication therapy
management services shall consist of the evaluation of
prescription drug orders and patient medication records to
resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;

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(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as
age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to exceed
48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.

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"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to
practice medicine in all its branches for his or her identified
patient or groups of patients under specified conditions or
limitations in a standing order from the physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.

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"Protected health information" does not include
individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to practice
medicine in all its branches in Illinois.
(ee) "Address of record" means the designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's
licensure maintenance unit. address recorded by the Department
in the applicant's or licensee's application file or license
file, as maintained by the Department's licensure maintenance
unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
(225 ILCS 85/3.5 new)

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Sec. 3.5. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 85/4.5 new)
Sec. 4.5. The Collaborative Pharmaceutical Task Force. In
order to protect the public and provide quality pharmaceutical
care, the Collaborative Pharmaceutical Task Force is
established. The Task Force shall discuss how to further
advance the practice of pharmacy in a manner that recognizes
the needs of the healthcare system, patients, pharmacies,
pharmacists, and pharmacy technicians. As a part of its
discussions, the Task Force shall consider, at a minimum, the
following:
(1) the extent to which providing whistleblower
protections for pharmacists and pharmacy technicians
reporting violation of worker policies and requiring
pharmacies to have at least one pharmacy technician on duty
whenever the practice of pharmacy is conducted, to set a

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prescription filling limit of not more than 10
prescriptions filled per hour, to mandate at least 10
pharmacy technician hours per 100 prescriptions filled, to
place a general prohibition on activities that distract
pharmacists, to provide a pharmacist a minimum of 2
15-minute paid rest breaks and one 30-minute meal period in
each workday on which the pharmacist works at least 7
hours, to not require a pharmacist to work during a break
period, to pay to the pharmacist 3 times the pharmacist's
regular hourly rate of pay for each workday during which
the required breaks were not provided, to make available at
all times a room on the pharmacy's premises with adequate
seating and tables for the purpose of allowing a pharmacist
to enjoy break periods in a clean and comfortable
environment, to keep a complete and accurate record of the
break periods of its pharmacists, to limit a pharmacist
from working more than 8 hours a workday, and to retain
records of any errors in the receiving, filling, or
dispensing of prescriptions of any kind could be integrated
into the Pharmacy Practice Act; and
(2) the extent to which requiring the Department to
adopt rules requiring pharmacy prescription systems
contain mechanisms to require prescription discontinuation
orders to be forwarded to a pharmacy, to require patient
verification features for pharmacy automated prescription
refills, and to require that automated prescription

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refills notices clearly communicate to patients the
medication name, dosage strength, and any other
information required by the Department governing the use of
automated dispensing and storage systems to ensure that
discontinued medications are not dispensed to a patient by
a pharmacist or by any automatic refill dispensing systems
whether prescribed through electronic prescriptions or
paper prescriptions may be integrated into the Pharmacy
Practice Act to better protect the public.
In developing standards related to its discussions, the
Collaborative Pharmaceutical Task Force shall consider the
extent to which Public Act 99-473 (enhancing continuing
education requirements for pharmacy technicians) and Public
Act 99-863 (enhancing reporting requirements to the Department
of pharmacy employee terminations) may be relevant to the
issues listed in paragraphs (1) and (2).
The voting members of the Collaborative Pharmaceutical
Task Force shall be appointed as follows:
(1) the Speaker of the House of Representatives, or his
or her designee, shall appoint: a representative of a
statewide organization exclusively representing retailers,
including pharmacies; and a retired licensed pharmacist
who has previously served on the Board of Pharmacy and on
the executive committee of a national association
representing pharmacists and who shall serve as the
chairperson of the Collaborative Pharmaceutical Task

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Force;
(2) the President of the Senate, or his or her
designee, shall appoint: a representative of a statewide
organization representing pharmacists; and a
representative of a statewide organization representing
unionized pharmacy employees;
(3) the Minority Leader of the House of
Representatives, or his or her designee, shall appoint: a
representative of a statewide organization representing
physicians licensed to practice medicine in all its
branches in Illinois; and a representative of a statewide
professional association representing pharmacists,
pharmacy technicians, pharmacy students, and others
working in or with an interest in hospital and
health-system pharmacy; and
(4) the Minority Leader of the Senate, or his or her
designee, shall appoint: a representative of a statewide
organization representing hospitals; and a representative
of a statewide association exclusively representing
long-term care pharmacists.
The Secretary, or his or her designee, shall appoint the
following non-voting members of the Task Force: a
representative of the University of Illinois at Chicago College
of Pharmacy; a clinical pharmacist who has done extensive study
in pharmacy e-prescribing and e-discontinuation; and a
representative of the Department.

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The Department shall provide administrative support to the
Collaborative Pharmaceutical Task Force. The Collaborative
Pharmaceutical Task Force shall meet at least monthly at the
call of the chairperson.
No later than September 1, 2019, the voting members of the
Collaborative Pharmaceutical Task Force shall vote on
recommendations concerning the standards in paragraphs (1) and
(2) of this Section.
No later than November 1, 2019, the Department, in direct
consultation with the Collaborative Pharmaceutical Task Force,
shall propose rules for adoption that are consistent with the
Collaborative Pharmaceutical Task Force's recommendations, or
recommend legislation to the General Assembly, concerning the
standards in paragraphs (1) and (2) of this Section.
This Section is repealed on November 1, 2020.
(225 ILCS 85/5.5)
(Section scheduled to be repealed on January 1, 2018)
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 $10,000 $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

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accordance with the provisions set forth in this Act regarding
the provision of a hearing for the discipline of a licensee.
(b) The Department has the authority and power to
investigate any and all unlicensed activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(Source: P.A. 89-474, eff. 6-18-96.)
(225 ILCS 85/7) (from Ch. 111, par. 4127)
(Section scheduled to be repealed on January 1, 2018)
Sec. 7. Application; examination. Applications for
original licenses shall be made to the Department in writing or
electronically 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.

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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

SB0902 Engrossed - 23 - LRB100 05736 SMS 15758 b
required to again take and pass the examination.
An applicant who has graduated with a professional degree
from a school of pharmacy located outside of the United States
must do the following:
(1) obtain a Foreign Pharmacy Graduate Examination
Committee (FPGEC) Certificate;
(2) complete 1,200 hours of clinical training and
experience, as defined by rule, in the United States or its
territories; and
(3) successfully complete the licensing requirements
set forth in Section 6 of this Act, as well as those
adopted by the Department by rule.
The Department may employ consultants for the purpose of
preparing and conducting examinations.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/9) (from Ch. 111, par. 4129)
(Section scheduled to be repealed on January 1, 2018)
Sec. 9. Licensure Registration as registered pharmacy
technician.
(a) Any person shall be entitled to licensure registration
as a registered pharmacy technician who is of the age of 16 or
over, has not engaged in conduct or behavior determined to be
grounds for discipline under this Act, is attending or has
graduated from an accredited high school or comparable school
or educational institution or received a high school

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equivalency certificate, and has filed a written or electronic
application for licensure registration on a form to be
prescribed and furnished by the Department for that purpose.
The Department shall issue a license certificate of
registration as a registered pharmacy technician to any
applicant who has qualified as aforesaid, and such license
registration shall be the sole authority required to assist
licensed pharmacists in the practice of pharmacy, under the
supervision of a licensed pharmacist. A registered pharmacy
technician may, under the supervision of a pharmacist, assist
in the practice of pharmacy and perform such functions as
assisting in the dispensing process, offering counseling,
receiving new verbal prescription orders, and having
prescriber contact concerning prescription drug order
clarification. A registered pharmacy technician may not engage
in patient counseling, drug regimen review, or clinical
conflict resolution.
(b) Beginning on January 1, 2017, within 2 years after
initial licensure registration as a registered pharmacy
technician, the licensee registrant must meet the requirements
described in Section 9.5 of this Act and become licensed
register as a registered certified pharmacy technician. If the
licensee registrant has not yet attained the age of 18, then
upon the next renewal as a registered pharmacy technician, the
licensee registrant must meet the requirements described in
Section 9.5 of this Act and become licensed register as a

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registered certified pharmacy technician. This requirement
does not apply to pharmacy technicians registered prior to
January 1, 2008.
(c) Any person registered as a pharmacy technician who is
also enrolled in a first professional degree program in
pharmacy in a school or college of pharmacy or a department of
pharmacy of a university approved by the Department or has
graduated from such a program within the last 18 months, shall
be considered a "student pharmacist" and entitled to use the
title "student pharmacist". A student pharmacist must meet all
of the requirements for licensure registration as a registered
pharmacy technician set forth in this Section excluding the
requirement of certification prior to the second license
registration renewal and pay the required registered pharmacy
technician license registration fees. A student pharmacist
may, under the supervision of a pharmacist, assist in the
practice of pharmacy and perform any and all functions
delegated to him or her by the pharmacist.
(d) Any person seeking licensure as a pharmacist who has
graduated from a pharmacy program outside the United States
must register as a pharmacy technician and shall be considered
a "student pharmacist" and be entitled to use the title
"student pharmacist" while completing the 1,200 clinical hours
of training approved by the Board of Pharmacy described and for
no more than 18 months after completion of these hours. These
individuals are not required to become registered certified

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pharmacy technicians while completing their Board approved
clinical training, but must become licensed as a pharmacist or
become licensed as a registered certified pharmacy technician
before the second pharmacy technician license registration
renewal following completion of the Board approved clinical
training.
(e) The Department shall not renew the registered pharmacy
technician license of any person who has been licensed
registered as a registered pharmacy technician with the
designation "student pharmacist" who: (1) and has dropped out
of or been expelled from an ACPE accredited college of
pharmacy; (2) , who has failed to complete his or her 1,200
hours of Board approved clinical training within 24 months; or
(3) who has failed the pharmacist licensure examination 3
times. The Department and shall require these individuals to
meet the requirements of and become licensed registered as a
registered certified pharmacy technician.
(f) The Department may take any action set forth in Section
30 of this Act with regard to a license registrations pursuant
to this Section.
(g) Any person who is enrolled in a non-traditional
Pharm.D. program at an ACPE accredited college of pharmacy and
is a licensed as a registered 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

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from the requirement of licensure registration as a registered
pharmacy technician or registered certified pharmacy
technician while engaged in the program of practice experience
required in the academic program.
An applicant for licensure registration as a registered
pharmacy technician may assist a pharmacist in the practice of
pharmacy for a period of up to 60 days prior to the issuance of
a license certificate of registration if the applicant has
submitted the required fee and an application for licensure
registration to the Department. The applicant shall keep a copy
of the submitted application on the premises where the
applicant is assisting in the practice of pharmacy. The
Department shall forward confirmation of receipt of the
application with start and expiration dates of practice pending
licensure registration.
(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)
(225 ILCS 85/9.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 9.5. Registered certified pharmacy technician.
(a) An individual licensed registered as a registered
pharmacy technician under this Act may be licensed registered
as a registered certified pharmacy technician, if he or she
meets all of the following requirements:
(1) He or she has submitted a written application in
the form and manner prescribed by the Department.

SB0902 Engrossed - 28 - LRB100 05736 SMS 15758 b
(2) He or she has attained the age of 18.
(3) He or she is of good moral character, as determined
by the Department.
(4) He or she has (i) graduated from pharmacy
technician training meeting the requirements set forth in
subsection (a) of Section 17.1 of this Act or (ii) obtained
documentation from the pharmacist-in-charge of the
pharmacy where the applicant is employed verifying that he
or she has successfully completed a training program and
has successfully completed an objective assessment
mechanism prepared in accordance with rules established by
the Department.
(5) He or she has successfully passed an examination
accredited by the National Commission for Certifying
Agencies, as approved and required by the Board or by rule.
(6) He or she has paid the required licensure
certification fees.
(b) No pharmacist whose license has been denied, revoked,
suspended, or restricted for disciplinary purposes may be
eligible to be registered as a certified pharmacy technician
unless authorized by order of the Department as a condition of
restoration from revocation, suspension, or restriction.
(c) The Department may, by rule, establish any additional
requirements for licensure certification under this Section.
(d) A person who is not a licensed registered pharmacy
technician and meets the requirements of this Section may be

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licensed register as a registered certified pharmacy
technician without first being licensed registering as a
registered pharmacy technician.
(e) As a condition for the renewal of a license certificate
of registration as a registered certified pharmacy technician,
the licensee registrant shall provide evidence to the
Department of completion of a total of 20 hours of continuing
pharmacy education during the 24 months preceding the
expiration date of the certificate as established by rule. One
hour of continuing pharmacy education must be in the subject of
pharmacy law. One hour of continuing pharmacy education must be
in the subject of patient safety. The continuing education
shall be approved by the Accreditation Council on Pharmacy
Education.
The Department may shall establish by rule a means for the
verification of completion of the continuing education
required by this subsection (e). This verification may be
accomplished through audits of records maintained by licensees
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 subsection (e) may provide for a
reasonable annual fee, not to exceed $20, to fund the cost of
such recordkeeping. The Department may shall, by rule, further
provide an orderly process for the restoration reinstatement of

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a license registration that has not been renewed due to the
failure to meet the continuing pharmacy education requirements
of this subsection (e). The Department may waive the
requirements of continuing pharmacy education, in whole or in
part, in cases of extreme hardship as defined by rule of the
Department. The waivers may shall be granted for not more than
one of any 3 consecutive renewal periods.
(Source: P.A. 99-473, eff. 1-1-17.)
(225 ILCS 85/10) (from Ch. 111, par. 4130)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. State Board of Pharmacy.
(a) 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 engaged in any way, directly or
indirectly, as providers of health care licensed pharmacists in
this State or any other state.
(b) Each member shall be appointed by the Governor.
(c) Members shall be appointed to 5 year terms. The

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Governor shall fill any vacancy for the remainder of the
unexpired term. Partial terms over 3 years in length shall be
considered full terms. A member may be reappointed for a
successive term, but no member shall serve more than 2 full
terms in his or her lifetime.
(d) 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 pharmacy
organizations therein. The Governor shall notify the pharmacy
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.
(e) The Governor may remove any member of the Board for
misconduct, incapacity, or neglect of duty, and he or she shall
be the sole judge of the sufficiency of the cause for removal.
(f) Each member of the Board shall be reimbursed for such
actual and legitimate expenses as he or she may incur in going
to and from the place of meeting and remaining there thereat
during sessions of the Board. In addition, each member of the
Board may 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.
(g) The Board shall hold quarterly meetings at such times
and places and upon notice as the Department may determine and
as its business may require. A majority of the Board members

SB0902 Engrossed - 32 - LRB100 05736 SMS 15758 b
currently appointed shall constitute a quorum. A vacancy in the
membership of the Board shall not impair the right of a quorum
to exercise all the rights and perform all the duties of the
Board.
(h) 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.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/11) (from Ch. 111, par. 4131)
(Section scheduled to be repealed on January 1, 2018)
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. The powers
and duties of the Department also include However, the
following powers and duties shall be exercised only upon review
of the Board of Pharmacy to take such action:
(a) Formulation of 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 Secretary 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, or taking

SB0902 Engrossed - 33 - LRB100 05736 SMS 15758 b
any other disciplinary or non-disciplinary action against 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.
(c-5) The granting of variances from rules promulgated
pursuant to this Section in individual cases where there is a
finding that:
(1) the provision from which the variance is granted is
not statutorily mandated;
(2) no party will be injured by the granting of the
variance; and
(3) the rule from which the variance is granted would,
in the particular case, be unreasonable or unnecessarily
burdensome.
The Secretary Director shall give consideration to the
recommendations of notify the State Board of Pharmacy regarding
of the granting of such variance and the reasons therefor, at
the next meeting of the Board.
(d) The Secretary shall appoint a chief pharmacy
coordinator who and at least 2 deputy pharmacy coordinators,
all of whom shall be a licensed pharmacist registered
pharmacists in good standing in this State, shall be a graduate

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graduates 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 of experience in the practice of pharmacy
immediately prior to his or her appointment. The chief pharmacy
coordinator shall be the executive administrator and the chief
enforcement officer of this Act. The deputy pharmacy
coordinators shall report to the chief pharmacy coordinator.
The Secretary shall assign at least one deputy pharmacy
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such deputy
pharmacy coordinator shall have his or her primary office in
Chicago. The Secretary shall assign at least one deputy
pharmacy coordinator to a region composed of the balance of
counties in the State, and such deputy pharmacy coordinator
shall have his or her primary office in Springfield.
(e) The Department Secretary shall, in conformity with the
Personnel Code, employ such pharmacy investigators as deemed
necessary not less than 4 pharmacy investigators who shall
report to the chief pharmacy coordinator or a deputy pharmacy
coordinator. Each pharmacy investigator shall be a licensed
pharmacist unless employed as a pharmacy investigator on or
before August 27, 2015 (the effective date of Public Act
99-473) this amendatory Act of the 99th General Assembly. The
Department shall also employ at least one attorney to prosecute
violations of this Act and its rules. The Department may, in
conformity with the Personnel Code, employ such clerical and

SB0902 Engrossed - 35 - LRB100 05736 SMS 15758 b
other employees as are necessary to carry out the duties of the
Board and Department.
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 this State
holding itself out to be a pharmacy where medicines, drugs or
drug products, or proprietary medicines are sold, offered for
sale, exposed for sale, or kept for sale.
(Source: P.A. 99-473, eff. 8-27-15.)
(225 ILCS 85/12) (from Ch. 111, par. 4132)
(Section scheduled to be repealed on January 1, 2018)
Sec. 12. Expiration of license; renewal.
(a) The expiration date and renewal period for each license
and certificate of registration issued under this Act shall be
set by rule.
(b) As a condition for the renewal of a license certificate
of registration as a pharmacist, the licensee registrant shall
provide evidence to the Department of completion of a total of
30 hours of pharmacy continuing education during the 24 months
preceding the expiration date of the certificate. Such
continuing education shall be approved by the Accreditation
Council on Pharmacy Education.
(c) The Department may shall establish by rule a means for
the verification of completion of the continuing education
required by this Section. This verification may be accomplished

SB0902 Engrossed - 36 - LRB100 05736 SMS 15758 b
through audits of records maintained by licensees 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.
(d) 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 may shall, by rule, further
provide an orderly process for the restoration 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.
(e) 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

SB0902 Engrossed - 37 - LRB100 05736 SMS 15758 b
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.
(f) 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.
(g) 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.
(h) However, any pharmacist whose license expired while he
was (1) 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

SB0902 Engrossed - 38 - LRB100 05736 SMS 15758 b
service, training or education has been so terminated.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/13) (from Ch. 111, par. 4133)
(Section scheduled to be repealed on January 1, 2018)
Sec. 13. Inactive status.
(a) Any pharmacist, registered certified pharmacy
technician, or registered pharmacy technician who notifies the
Department, in writing or electronically on forms prescribed by
the Department, may elect to place his or her license on an
inactive status and shall be excused from payment of renewal
fees and completion of continuing education requirements until
he or she notifies the Department in writing of his or her
intent to restore his license.
(b) Any pharmacist, registered certified pharmacy
technician, or registered pharmacy pharmacist technician
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.
(c) Any pharmacist, registered certified pharmacy
technician, or registered pharmacy pharmacist technician whose
license is in inactive status shall not practice in the State
of Illinois.
(d) A pharmacy license may not be placed on inactive
status.

SB0902 Engrossed - 39 - LRB100 05736 SMS 15758 b
(e) 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. 95-689, eff. 10-29-07.)
(225 ILCS 85/15) (from Ch. 111, par. 4135)
(Section scheduled to be repealed on January 1, 2018)
Sec. 15. Pharmacy requirements.
(1) 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 pharmacist in charge; and
(c) The pharmacy is licensed under this Act to conduct
the practice of pharmacy in any and all forms from the
physical address of the pharmacy's primary inventory where
U.S. mail is delivered. If a facility, company, or
organization operates multiple pharmacies from multiple
physical addresses, a separate pharmacy license is

SB0902 Engrossed - 40 - LRB100 05736 SMS 15758 b
required for each different physical address.
(2) The Department may allow a pharmacy that is not located
at the same location as its home pharmacy and at which pharmacy
services are provided during an emergency situation, as defined
by rule, to be operated as an emergency remote pharmacy. An
emergency remote pharmacy operating under this subsection (2)
shall operate under the license of the home pharmacy.
(3) The Secretary may waive the requirement for a
pharmacist to be on duty at all times for State facilities not
treating human ailments. This waiver of the requirement remains
in effect until it is rescinded by the Secretary and the
Department provides written notice of the rescission to the
State facility.
(4) 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.
(5) The holder of any license or certificate of

SB0902 Engrossed - 41 - LRB100 05736 SMS 15758 b
registration shall conspicuously display it in the pharmacy in
which he is engaged in the practice of pharmacy. The pharmacist
in charge shall conspicuously display his name in such
pharmacy. The pharmacy license shall also be conspicuously
displayed.
(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09;
96-1000, eff. 7-2-10.)
(225 ILCS 85/16) (from Ch. 111, par. 4136)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16. The Department shall require and provide for the
licensure of every pharmacy doing business in this State. Such
licensure shall expire 30 days after the pharmacist in charge
dies or is no longer employed by 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 30
days of the date on which he ceased such functions for such
pharmacy. It is the duty of every owner of a pharmacy licensed

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under this Act to report to the Department within 30 days of
the date on which the pharmacist in charge died or ceased to
function in that capacity and to specify a new pharmacist in
charge. 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. 95-689, eff. 10-29-07.)
(225 ILCS 85/16a) (from Ch. 111, par. 4136a)
(Section scheduled to be repealed on January 1, 2018)
Sec. 16a. (a) The Department shall establish rules and
regulations, consistent with the provisions of this Act,
governing nonresident pharmacies, including pharmacies
providing services via the Internet, which sell, or offer for
sale, drugs, medicines, or other pharmaceutical services in
this State.
(b) The Department shall require and provide for a an
annual nonresident special pharmacy license 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. A nonresident
Nonresident special pharmacy license registration shall be
granted by the Department upon the disclosure and certification

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by a pharmacy:
(1) that it is licensed in the state in which the
dispensing facility is located and from which the drugs are
dispensed;
(2) of the location, names, and titles of all principal
corporate officers of the business and all pharmacists who
are dispensing drugs to residents of this State;
(3) that it complies with all lawful directions and
requests for information from the board of pharmacy of each
state in which it is licensed or registered, except that it
shall respond directly to all communications from the Board
or Department concerning any circumstances arising from
the dispensing of drugs to residents of this State;
(4) that it maintains its records of drugs dispensed to
residents of this State so that the records are readily
retrievable from the records of other drugs dispensed;
(5) that it cooperates with the Board or Department in
providing information to the board of pharmacy of the state
in which it is licensed concerning matters related to the
dispensing of drugs to residents of this State; and
(6) that during its regular hours of operation, but not
less than 6 days per week, for a minimum of 40 hours per
week, a toll-free telephone service is provided to
facilitate communication between patients in this State
and a pharmacist at the nonresident pharmacy who has access
to the patients' records. The toll-free number must be

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disclosed on the label affixed to each container of drugs
dispensed to residents of this State.
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
(225 ILCS 85/17) (from Ch. 111, par. 4137)
(Section scheduled to be repealed on January 1, 2018)
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 30 days of such revocation
or cessation of operation.
(b) The Department shall approve the intended manner of
disposition of all legend drugs prior to disposition of such
drugs by the pharmacist in charge.
(1) The Department shall notify the pharmacist in
charge of approval of the manner of disposition of all
legend drugs, or disapproval accompanied by reasons for
such disapproval, within 30 days of receipt of the
statement from the pharmacist in charge. In the event that
the manner of disposition is not approved, the pharmacist
in charge shall notify the Department of an alternative
manner of disposition within 30 days of the receipt of

SB0902 Engrossed - 45 - LRB100 05736 SMS 15758 b
disapproval.
(2) If disposition of all legend drugs does not occur
within 30 days after approval is received from the
Department, or if no alternative method of disposition is
submitted to the Department within 30 days of the
Department's disapproval, the Secretary Director shall
notify the pharmacist in charge by mail at the address of
the closing pharmacy, of the Department's intent to
confiscate all legend drugs. The Notice of Intent to
Confiscate shall be the final administrative decision of
the Department, as that term is defined in the
Administrative Review Law, and the confiscation of all
prescription drugs shall be effected.
(b-5) In the event that the pharmacist in charge has died
or is otherwise physically incompetent to perform the duties of
this Section, the owner of a pharmacy that has its license
revoked or otherwise ceases operation shall be required to
fulfill the duties otherwise imposed upon the pharmacist in
charge.
(c) The pharmacist in charge of a pharmacy which acquires
prescription files from a pharmacy which ceases operation shall
be responsible for the preservation of such acquired
prescriptions for the remainder of the term that such
prescriptions are required to be preserved by this Act.
(d) Failure to comply with this Section shall be grounds
for denying an application or renewal application for a

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pharmacy license or for disciplinary action against a license
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. 95-689, eff. 10-29-07.)
(225 ILCS 85/17.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 17.1. Registered pharmacy 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 registered pharmacy technicians or
obtain proof of prior training in all of the following topics
as they relate to the practice site:
(1) The duties and responsibilities of the technicians
and pharmacists.
(2) Tasks and technical skills, policies, and
procedures.
(3) Compounding, packaging, labeling, and storage.
(4) Pharmaceutical and medical terminology.
(5) Record keeping requirements.
(6) The ability to perform and apply arithmetic

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calculations.
(b) Within 6 months after initial employment or changing
the duties and responsibilities of a registered pharmacy
technician, it shall be the joint responsibility of the
pharmacy and the pharmacist in charge to train the registered
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 or to document that the pharmacy
technician is making appropriate progress.
(c) All pharmacies shall maintain an up-to-date training
program describing the duties and responsibilities of a
registered pharmacy technician.
(d) All pharmacies shall create and maintain retrievable
records of training or proof of training as required in this
Section.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/18) (from Ch. 111, par. 4138)
(Section scheduled to be repealed on January 1, 2018)
Sec. 18. Record retention. There 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, or an exact, unalterable image, of
every written prescription and the original transcript or copy
of every verbal prescription filled, compounded, or dispensed,

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in such pharmacy; and such book, or file, or electronic record
keeping system of prescriptions shall at all reasonable times
be open to inspection to the chief pharmacy coordinator and the
duly authorized agents or employees of the Department.
Every prescription filled or refilled shall contain the
unique identifiers of the persons authorized to practice
pharmacy under the provision of this Act who fills or refills
the prescription.
Records kept pursuant to this Section may be maintained in
an alternative data retention system, such as a direct digital
imaging system, provided that:
(1) the records maintained in the alternative data
retention system contain all of the information required in
a manual record;
(2) the data processing system is capable of producing
a hard copy of the electronic record on the request of the
Board, its representative, or other authorized local,
State, or federal law enforcement or regulatory agency;
(3) the digital images are recorded and stored only by
means of a technology that does not allow subsequent
revision or replacement of the images; and
(4) the prescriptions may be retained in written form
or recorded in a data processing system, provided that such
order can be produced in printed form upon lawful request.
As used in this Section, "digital imaging system" means a
system, including people, machines, methods of organization,

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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.
(Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
(225 ILCS 85/19) (from Ch. 111, par. 4139)
(Section scheduled to be repealed on January 1, 2018)
Sec. 19. Nothing contained in this Act shall be construed
to prohibit a pharmacist licensed in this State from filling or
refilling a valid prescription for prescription drugs which is
on file in a pharmacy licensed in any state and has been
transferred from one pharmacy to another by any means,
including by way of electronic data processing equipment upon
the following conditions and exceptions:
(1) Prior to dispensing pursuant to any such prescription,
the dispensing pharmacist shall:
(a) Advise the patient that the prescription on file at
such other pharmacy must be canceled before he or she will
be able to fill or refill it.
(b) Determine that the prescription is valid and on
file at such other pharmacy and that such prescription may
be filled or refilled, as requested, in accordance with the
prescriber's intent expressed on such prescription.
(c) Notify the pharmacy where the prescription is on

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file that the prescription must be canceled.
(d) Record in writing or electronically the
prescription order, the name of the pharmacy at which the
prescription was on file, the prescription number, the name
of the drug and the original amount dispensed, the date of
original dispensing, and the number of remaining
authorized refills.
(e) Obtain the consent of the prescriber to the
refilling of the prescription when the prescription, in the
professional judgment of the dispensing pharmacist, so
requires.
(2) Upon receipt of a request for prescription information
set forth in subparagraph (d) of paragraph (1) of this Section,
if the requested pharmacist is satisfied in his professional
judgment that such request is valid and legal, the requested
pharmacist shall:
(a) Provide such information accurately and
completely.
(b) Record electronically or, if in writing, on the
face of the prescription, the name of the requesting
pharmacy and pharmacist and the date of request.
(c) Cancel the prescription on file by writing the word
"void" on its face or the electronic equivalent, if not in
written format. No further prescription information shall
be given or medication dispensed pursuant to such original
prescription.

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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. However, pharmacies
electronically sharing a real-time, online database may
transfer up to the maximum refills permitted by the law and the
prescriber's authorization.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/20) (from Ch. 111, par. 4140)
(Section scheduled to be repealed on January 1, 2018)
Sec. 20. Dispensing systems.

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(a) Two or more pharmacies may establish and use a common
electronic file to maintain required dispensing information.
(b) 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.
(c) 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.
(d) 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.
(e) The dispensing by a pharmacist licensed in this State
or another state of a prescription contained in a common
database shall not constitute a transfer, provided that (1) (i)
all pharmacies involved in the transactions pursuant to which
the prescription is dispensed and all pharmacists engaging in
dispensing functions are properly licensed, permitted, or
registered in this State or another jurisdiction, (2) (ii) a
policy and procedures manual that governs all participating

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pharmacies and pharmacists is available to the Department upon
request and includes the procedure for maintaining appropriate
records for regulatory oversight for tracking a prescription
during each stage of the filling and dispensing process, and
(3) (iii) the pharmacists involved in filling and dispensing
the prescription and counseling the patient are identified. A
pharmacist shall be accountable only for the specific tasks
performed.
(f) Nothing in this Section shall prohibit a pharmacist who
is exercising his or her professional judgment from dispensing
additional quantities of medication up to the total number of
dosage units authorized by the prescriber on the original
prescription and any refills.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/22) (from Ch. 111, par. 4142)
(Section scheduled to be repealed on January 1, 2018)
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,

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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, a physician assistant in accordance with
subsection (f) of Section 4 of this Act, an advanced practice
registered nurse in accordance with subsection (g) of Section 4
of this Act, a licensed dentist, a licensed veterinarian, a
licensed podiatric physician, or a licensed 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 rule regulation
of the Department.

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(Source: P.A. 98-214, eff. 8-9-13.)
(225 ILCS 85/22b)
(Section scheduled to be repealed on January 1, 2018)
Sec. 22b. Automated pharmacy systems; remote dispensing.
(a) Automated pharmacy systems must have adequate security
and procedures to comply with federal and State laws and
regulations and maintain patient confidentiality, as defined
by rule.
(b) Access to and dispensing from an automated pharmacy
system shall be limited to pharmacists or personnel who are
designated in writing by the pharmacist-in-charge and have
completed documented training concerning their duties
associated with the automated pharmacy system.
(c) All drugs stored in relation to an automated pharmacy
system must be stored in compliance with this Act and the rules
adopted under this Act, including the requirements for
temperature, proper storage containers, handling of outdated
drugs, prescription dispensing, and delivery.
(d) An automated pharmacy system operated from a remote
site shall be under the continuous supervision of a home
pharmacy pharmacist. To qualify as continuous supervision, the
pharmacist is not required to be physically present at the site
of the automated pharmacy system if the system is supervised
electronically by a pharmacist, as defined by rule.
(e) Drugs may only be dispensed at a remote site through an

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automated pharmacy system after receipt of an original
prescription drug order by a pharmacist at the home pharmacy. A
pharmacist at the home pharmacy must control all operations of
the automated pharmacy system and approve the release of the
initial dose of a prescription drug order. Refills from an
approved prescription drug order may be removed from the
automated medication system after this initial approval. Any
change made in the prescription drug order shall require a new
approval by a pharmacist to release the drug.
(f) If an automated pharmacy system uses removable
cartridges or containers to store a drug, the stocking or
restocking of the cartridges or containers may occur at a
licensed wholesale drug distributor and be sent to the home
pharmacy to be loaded after pharmacist verification by
personnel designated by the pharmacist, provided that the
individual cartridge or container is transported to the home
pharmacy in a secure, tamper evident container. An automated
pharmacy system must use a bar code verification or weight
verification or electronic verification or similar process to
ensure that the cartridge or container is accurately loaded
into the automated pharmacy system. The pharmacist verifying
the filling and labeling shall be responsible for ensuring that
the cartridge or container is stocked or restocked correctly by
personnel designated to load the cartridges or containers who
are either registered pharmacy technicians or registered
certified pharmacy technicians employed by the home pharmacy.

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An automated pharmacy system must use a bar code verification,
electronic, or similar process, as defined by rule, to ensure
that the proper medication is dispensed from the automated
system. A record of each transaction with the automated
pharmacy system must be maintained for 5 years. A prescription
dispensed from an automated pharmacy system shall be deemed to
have been approved by the pharmacist. No automated pharmacy
system shall be operated prior to inspection and approval by
the Department.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/25.10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 25.10. Remote prescription processing.
(a) In this Section, "remote prescription processing"
means and includes the outsourcing of certain prescription
functions to another pharmacy or licensed non-resident
pharmacy, including the dispensing of drugs. "Remote
prescription processing" includes any of the following
activities related to the dispensing process:
(1) Receiving, interpreting, evaluating, or clarifying
prescriptions.
(2) Entering prescription and patient data into a data
processing system.
(3) Transferring prescription information.
(4) Performing a drug regimen review.

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(5) Obtaining refill or substitution authorizations or
otherwise communicating with the prescriber concerning a
patient's prescription.
(6) Evaluating clinical data for prior authorization
for dispensing.
(7) Discussing therapeutic interventions with
prescribers.
(8) Providing drug information or counseling
concerning a patient's prescription to the patient or
patient's agent, as defined in this Act.
(b) A pharmacy may engage in remote prescription processing
under the following conditions:
(1) The pharmacies shall either have the same owner or
have a written contract describing the scope of services to
be provided and the responsibilities and accountabilities
of each pharmacy in compliance with all federal and State
laws and regulations related to the practice of pharmacy.
(2) The pharmacies shall share a common electronic file
or have technology that allows sufficient information
necessary to process a non-dispensing function.
(3) The records may be maintained separately by each
pharmacy or in common electronic file shared by both
pharmacies, provided that the system can produce a record
at either location that shows showing each processing task,
the identity of the person performing each task, and the
location where each task was performed.

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(c) Nothing in this Section shall prohibit an individual
employee licensed as a pharmacist from accessing the employer
pharmacy's database from a pharmacist's home or other remote
location or home verification 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. 95-689, eff. 10-29-07.)
(225 ILCS 85/25.15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 25.15. Telepharmacy.
(a) In this Section, "telepharmacy" means the provision of
pharmacist care by a pharmacist that is accomplished through
the use of telecommunications or other technologies to patients
or their agents who are at a distance and are located within
the United States, and which follows all federal and State
laws, rules, and regulations with regard to privacy and
security.
(b) Any pharmacy engaged in the practice of telepharmacy
must meet all of the following conditions:
(1) All events involving the contents of an automated
pharmacy system must be stored in a secure location and may
be recorded electronically.
(2) An automated pharmacy or prescription dispensing
machine system may be used in conjunction with the

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pharmacy's practice of telepharmacy after inspection and
approval by the Department.
(3) The pharmacist in charge shall:
(A) be responsible for the practice of
telepharmacy performed at a remote pharmacy, including
the supervision of any prescription dispensing machine
or automated medication system;
(B) ensure that the home pharmacy has sufficient
pharmacists on duty for the safe operation and
supervision of all remote pharmacies;
(C) ensure, through the use of a video and auditory
communication system, that a registered certified
pharmacy technician at the remote pharmacy has
accurately and correctly prepared any prescription for
dispensing according to the prescription;
(D) be responsible for the supervision and
training of registered certified pharmacy technicians
at remote pharmacies who shall be subject to all rules
and regulations; and
(E) ensure that patient counseling at the remote
pharmacy is performed by a pharmacist or student
pharmacist.
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
(225 ILCS 85/27) (from Ch. 111, par. 4147)
(Section scheduled to be repealed on January 1, 2018)

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Sec. 27. Fees.
(a) The Department shall, by rule, provide for a schedule
of fees to be paid for licenses and certificates. These fees
shall be for the administration and enforcement of this Act,
including without limitation original licensure and renewal
and restoration of licensure. All fees are nonrefundable.
(b) Applicants for any examination as a pharmacist shall be
required to pay, either to the Department or to the designated
testing service, a fee covering the cost of determining an
applicant's eligibility and providing the examination. Failure
to appear for the examination on the scheduled date, at the
time and place specified, after the applicant's application for
examination has been received and acknowledged by the
Department or the designated testing service, shall result in
the forfeiture of the examination fee.
(c) Applicants for the preliminary diagnostic examination
shall be required to pay, either to the Department or to the
designated testing service, a fee covering the cost of
determining an applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
application for examination has been received and acknowledged
by the Department or the designated testing service, shall
result in the forfeiture of the examination fee.
(d) All fees, fines, or penalties received by the
Department under this Act shall be deposited in the Illinois

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State Pharmacy Disciplinary Fund hereby created in the State
Treasury and shall be used by the Department in the exercise of
its powers and performance of its duties under this Act,
including, but not limited to, the provision for evidence in
pharmacy investigations.
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.
(e) 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.
(f) A pharmacy, manufacturer of controlled substances, or
wholesale distributor of controlled substances that is
licensed under this Act and owned and operated by the State is
exempt from licensure, registration, renewal, and other fees
required under this Act.
Pharmacists and pharmacy technicians working in facilities
owned and operated by the State are not exempt from the payment
of fees required by this Act and any rules adopted under this

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Act.
Nothing in this subsection (f) shall be construed to
prohibit the Department from imposing any fine or other penalty
allowed under this Act.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/28) (from Ch. 111, par. 4148)
(Section scheduled to be repealed on January 1, 2018)
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.

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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 Secretary
Director may waive the fines due under this Section in
individual cases where the Secretary Director finds that the
fines would be unreasonable or unnecessarily burdensome.
(Source: P.A. 92-146, eff. 1-1-02.)
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2018)
Sec. 30. Refusal, revocation, or suspension, or other
discipline.
(a) The Department may refuse to issue or renew, or may
revoke a license or registration, or may suspend, place on
probation, fine, or take any disciplinary or non-disciplinary
action as the Department may deem proper, including fines not
to exceed $10,000 for each violation, with regard to any
licensee or registrant for any one or combination of the
following causes:
1. Material misstatement in furnishing information to
the Department.
2. Violations of this Act, or the rules promulgated
hereunder.
3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates

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incompetence or unfitness to practice.
5. Aiding or assisting another person in violating any
provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in unprofessional, dishonorable, or
unethical conduct of a character likely to deceive, defraud
or harm the public.
8. Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a pharmacy, pharmacist, registered certified
pharmacy technician, or registered pharmacy technician
that is the same or substantially equivalent to those set
forth in this Section, a certified copy of the record of
the action taken by the other state or jurisdiction being
prima facie evidence thereof. Discipline by another U.S.
jurisdiction or foreign nation, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth herein.
9. Directly or indirectly giving to or receiving from
any person, firm, corporation, partnership, or association
any fee, commission, rebate or other form of compensation
for any professional services not actually or personally
rendered. Nothing in this item 9 affects any bona fide
independent contractor or employment arrangements among
health care professionals, health facilities, health care

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providers, or other entities, except as otherwise
prohibited by law. Any employment arrangements may include
provisions for compensation, health insurance, pension, or
other employment benefits for the provision of services
within the scope of the licensee's practice under this Act.
Nothing in this item 9 shall be construed to require an
employment arrangement to receive professional fees for
services rendered.
10. A finding by the Department that the licensee,
after having his license placed on probationary status has
violated the terms of probation.
11. Selling or engaging in the sale of drug samples
provided at no cost by drug manufacturers.
12. Physical illness, including but not limited to,
deterioration through the aging process, or loss of motor
skill which results in the inability to practice the
profession with reasonable judgment, skill or safety.
13. A finding that licensure or registration has been
applied for or obtained by fraudulent means.
14. Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or
sentencing, including, but not limited to, convictions,
preceding sentences of supervision, conditional discharge,
or first offender probation, under the laws of any
jurisdiction of the United States that is (i) a felony or
(ii) a misdemeanor, an essential element of which is

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dishonesty, or that is directly related to the practice of
pharmacy. The applicant or licensee has been convicted in
state or federal court of or entered a plea of guilty, nolo
contendere, or the equivalent in a state or federal court
to any crime which is a felony or any misdemeanor related
to the practice of pharmacy or which an essential element
is dishonesty.
15. Habitual or excessive use or addiction to alcohol,
narcotics, stimulants or any other chemical agent or drug
which results in the inability to practice with reasonable
judgment, skill or safety.
16. Willfully making or filing false records or reports
in the practice of pharmacy, including, but not limited to
false records to support claims against the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Public Aid Code.
17. Gross and willful overcharging for professional
services including filing false statements for collection
of fees for which services are not rendered, including, but
not limited to, filing false statements for collection of
monies for services not rendered from the medical
assistance program of the Department of Healthcare and
Family Services (formerly Department of Public Aid) under
the Public Aid Code.
18. Dispensing prescription drugs without receiving a

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written or oral prescription in violation of law.
19. Upon a finding of a substantial discrepancy in a
Department audit of a prescription drug, including
controlled substances, as that term is defined in this Act
or in the Illinois Controlled Substances Act.
20. Physical or mental illness or any other impairment
or disability, including, without limitation: (A)
deterioration through the aging process or loss of motor
skills that results in the inability to practice with
reasonable judgment, skill or safety; , or (B) mental
incompetence, as declared by a court of competent
jurisdiction.
21. Violation of the Health Care Worker Self-Referral
Act.
22. Failing to sell or dispense any drug, medicine, or
poison in good faith. "Good faith", for the purposes of
this Section, has the meaning ascribed to it in subsection
(u) of Section 102 of the Illinois Controlled Substances
Act. "Good faith", as used in this item (22), shall not be
limited to the sale or dispensing of controlled substances,
but shall apply to all prescription drugs.
23. Interfering with the professional judgment of a
pharmacist by any licensee registrant under this Act, or
the licensee's his or her agents or employees.
24. Failing to report within 60 days to the Department
any adverse final action taken against a pharmacy,

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pharmacist, registered pharmacy pharmacist technician, or
registered certified pharmacy pharmacist technician by
another licensing jurisdiction in any other state or any
territory of the United States or any foreign jurisdiction,
any governmental agency, any law enforcement agency, or any
court for acts or conduct similar to acts or conduct that
would constitute grounds for discipline as defined in this
Section.
25. Failing to comply with a subpoena issued in
accordance with Section 35.5 of this Act.
26. Disclosing protected health information in
violation of any State or federal law.
27. Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or
self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
28. Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective Services
Act, and upon proof by clear and convincing evidence that
the licensee abused, neglected, or financially exploited
an eligible adult as defined in the Adult Protective
Services Act.
(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

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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 any 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) Fines may be imposed in conjunction with other forms of
disciplinary action, but shall not be the exclusive disposition
of any disciplinary action arising out of conduct resulting in
death or injury to a patient. Fines shall be paid within 60
days or as otherwise agreed to by the Department. Any funds
collected from such fines shall be deposited in the Illinois
State Pharmacy Disciplinary Fund.
(e) The entry of an order or judgment by any circuit court
establishing that any person holding a license or certificate
under this Act is a person in need of mental treatment operates
as a suspension of that license. A licensee may resume his or
her practice only upon the entry of an order of the Department

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based upon a finding by the Board that he or she has been
determined to be recovered from mental illness by the court and
upon the Board's recommendation that the licensee be permitted
to resume his or her practice.
(f) The Department shall issue quarterly to the Board a
status of all complaints related to the profession received by
the Department.
(g) In enforcing this Section, the Board or the Department,
upon a showing of a possible violation, may compel any licensee
or applicant for licensure under this Act to submit to a mental
or physical examination or both, as required by and at the
expense of the Department. The examining physician, or
multidisciplinary team involved in providing physical and
mental examinations led by a physician consisting of one or a
combination of licensed physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff, shall be those specifically designated
by the Department. The Board or the Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this mental or physical
examination of the licensee or applicant. No information,
report, or other documents in any way related to the
examination shall be excluded by reason of any common law or
statutory privilege relating to communication between the
licensee or applicant and the examining physician or any member

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of the multidisciplinary team. The individual to be examined
may have, at his or her own expense, another physician of his
or her choice present during all aspects of the examination.
Failure of any individual to submit to a mental or physical
examination when directed shall result in the automatic
suspension be grounds for suspension of his or her license
until such time as the individual submits to the examination if
the Board finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause. If the
Board or Department finds a pharmacist, registered certified
pharmacy technician, or registered pharmacy technician unable
to practice because of the reasons set forth in this Section,
the Board or Department shall require such pharmacist,
registered certified pharmacy technician, or registered
pharmacy technician to submit to care, counseling, or treatment
by physicians or other appropriate health care providers
approved or designated by the Department Board as a condition
for continued, reinstated, or renewed licensure to practice.
Any pharmacist, registered certified pharmacy technician, or
registered pharmacy technician whose license was granted,
continued, reinstated, renewed, disciplined, or supervised,
subject to such terms, conditions, or restrictions, and who
fails to comply with such terms, conditions, or restrictions or
to complete a required program of care, counseling, or
treatment, as determined by the chief pharmacy coordinator or a
deputy pharmacy coordinator, shall be referred to the Secretary

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for a determination as to whether the licensee shall have his
or her license suspended immediately, pending a hearing by the
Board. In instances in which the Secretary immediately suspends
a license under this subsection (g), a hearing upon such
person's license must be convened by the Board within 15 days
after such suspension and completed without appreciable delay.
The Department and Board Board shall have the authority to
review the subject pharmacist's, registered certified pharmacy
technician's, or registered pharmacy technician's record of
treatment and counseling regarding the impairment.
(h) An individual or organization acting in good faith, and
not in a willful and wanton manner, in complying with this
Section by providing a report or other information to the
Board, by assisting in the investigation or preparation of a
report or information, by participating in proceedings of the
Board, or by serving as a member of the Board shall not, as a
result of such actions, be subject to criminal prosecution or
civil damages.
(i) Members of the Board shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith, and not willful and wanton in
nature. The Attorney General shall defend all such actions
unless he or she determines either that there would be a
conflict of interest in such representation or that the actions
complained of were not in good faith or were willful and
wanton.

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If the Attorney General declines representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were willful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Board. Failure to so notify the Attorney
General shall constitute an absolute waiver of the right to a
defense and indemnification.
The Attorney General shall determine, within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07;
96-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)
(225 ILCS 85/30.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 30.5. Suspension of license or certificate for failure
to pay restitution. The Department, without further process or
hearing, shall suspend the license issued under this Act 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 17-10.5 or 46-1 of the

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Criminal Code of 1961 or the Criminal Code of 2012. 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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(225 ILCS 85/32) (from Ch. 111, par. 4152)
(Section scheduled to be repealed on January 1, 2018)
Sec. 32. The Department shall render no final
administrative decision relative to any application for a
license or certificate of registration under this Act if the
applicant for such license or certificate of registration is
the subject of a pending disciplinary proceeding under this Act
or another Act administered by the Department. For purposes of
this Section "applicant" means an individual or sole
proprietor, or an individual who is an officer, director or
owner of a 5 percent or more beneficial interest of the
applicant.
(Source: P.A. 85-796.)
(225 ILCS 85/33) (from Ch. 111, par. 4153)
(Section scheduled to be repealed on January 1, 2018)
Sec. 33. The Secretary Director of the Department may, upon
receipt of a written communication from the Secretary of Human
Services, the Director of Healthcare and Family Services
(formerly Director of Public Aid), or the Director of Public

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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
Secretary 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 Secretary
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. 95-331, eff. 8-21-07.)
(225 ILCS 85/34) (from Ch. 111, par. 4154)
(Section scheduled to be repealed on January 1, 2018)
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

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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 Department Director that the licensee be allowed
to resume his practice.
(Source: P.A. 85-796.)
(225 ILCS 85/35.1) (from Ch. 111, par. 4155.1)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.1. (a) If any person violates the provision of this
Act, the Secretary 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,

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including a nonresident 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 Secretary 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. 95-689, eff. 10-29-07.)
(225 ILCS 85/35.2) (from Ch. 111, par. 4155.2)
(Section scheduled to be repealed on January 1, 2018)
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.

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The Department shall, before suspending, revoking, placing on
probationary status, or taking any other disciplinary or
non-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 or her to file his or her
written answer thereto to the Board under oath within 20 days
after the service on him or her of such notice and inform him
or her that if he or she fails to file such answer default will
be taken against him or her and his or her 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 or her practice, provided
for herein. Such written notice may be served by personal
delivery, email to the respondent's email address of record, or
certified or registered mail to the respondent at his or her
address of record. 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 or
her license or certificate may, in the discretion of the
Secretary Director, having received first the recommendation

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of the Board, be suspended, revoked, placed on probationary
status, or the Secretary Director may take whatever
disciplinary action as he or she 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. 95-689, eff. 10-29-07.)
(225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
(Section scheduled to be repealed on January 1, 2018)
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
Department may subpoena and compel the production of documents,
papers, files, books, and records in connection with any
hearing or investigation.
The Secretary 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. 95-689, eff. 10-29-07.)

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(225 ILCS 85/35.6) (from Ch. 111, par. 4155.6)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.6. At the conclusion of the hearing, the Board
shall present to the Secretary 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 Secretary Director.
The report of findings of fact, conclusions of law, and
recommendations of the Board shall be the basis for the
Department's order or refusal or for the granting of a license
or registration. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the
violation of this Act, but the hearing and finding are not a
bar to a criminal prosecution brought for the violation of this
Act.
(Source: P.A. 85-796.)
(225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.7. Notwithstanding the provisions of Section 35.6
of this Act, the Secretary 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

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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 may shall be present at
least one or more members 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
Secretary 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 Secretary Director. If the Board fails
to present its report within the 60-day 60 day period, the
respondent may request in writing a direct appeal to the
Secretary, in which case the Secretary may shall, within 7
calendar days after the request, issue an order directing the
Board to issue its findings of fact, conclusions of law, and
recommendations to the Secretary within 30 calendar days after
such order. If the Board fails to issue its findings of fact,
conclusions of law, and recommendations within that time frame
to the Secretary after the entry of such order, the Secretary
shall, within 30 calendar days thereafter, issue an order based
upon the report of the hearing officer and the record of the
proceedings or issue an order remanding the matter back to the
hearing officer for additional proceedings in accordance with
the order. If (i) a direct appeal is requested, (ii) the Board
fails to issue its findings of fact, conclusions of law, and

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recommendations within the 30-day mandate from the Secretary or
the Secretary fails to order the Board to do so, and (iii) the
Secretary fails to issue an order within 30 calendar days
thereafter, then the hearing officer's report is deemed
accepted and a final decision of the Secretary. Notwithstanding
any other provision of this Section, if the Secretary, upon
review, determines that substantial justice has not been done
in the revocation, suspension, or refusal to issue or renew a
license or other disciplinary action taken as the result of the
entry of the hearing officer's report, the Secretary may order
a rehearing by the same or other examiners. If the Secretary
disagrees with the recommendation of the Board or the hearing
officer, the Secretary may issue an order in contravention of
the recommendation.
(Source: P.A. 95-689, eff. 10-29-07.)
(225 ILCS 85/35.8) (from Ch. 111, par. 4155.8)
(Section scheduled to be repealed on January 1, 2018)
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

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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 Secretary 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 20 day period within which such a
motion may be filed shall commence upon the delivery of the
transcript to the respondent.
(Source: P.A. 85-796.)
(225 ILCS 85/35.12) (from Ch. 111, par. 4155.12)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.12. Notwithstanding the provisions herein
concerning the conduct of hearings and recommendations for
disciplinary actions, the Secretary 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
a the Board member. Such consent orders may provide for any of
the forms of discipline otherwise provided herein or any other
disciplinary or non-disciplinary action the parties agree to.
Such consent orders shall provide that they were not entered
into as a result of any coercion by the Department.
(Source: P.A. 95-689, eff. 10-29-07.)

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(225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)
(Section scheduled to be repealed on January 1, 2018)
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 Secretary
Director, shall be prima facie proof that:
(a) the signature is the genuine signature of the
Secretary Director;
(b) the Secretary Director is duly appointed and
qualified; and
(c) the Board and the members thereof are qualified to
act.
(Source: P.A. 91-357, eff. 7-29-99.)
(225 ILCS 85/35.14) (from Ch. 111, par. 4155.14)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.14. At any time after the successful completion of
a term of probation, suspension, or revocation of any license
certificate, the Department may restore it to the accused
person without examination, upon the written recommendation of
the Board. A license that has been suspended or revoked shall
be considered nonrenewed for purposes of restoration and a
person restoring his or her license from suspension or
revocation must comply with the requirements for restoration of
a nonrenewed license as set forth in Section 12 of this Act and

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any related rules adopted.
(Source: P.A. 85-796.)
(225 ILCS 85/35.15) (from Ch. 111, par. 4155.15)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.15. Upon the revocation or suspension of any
license or registration, the holder shall forthwith surrender
the license 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 license(s) or certificate(s).
(Source: P.A. 85-796.)
(225 ILCS 85/35.16) (from Ch. 111, par. 4155.16)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.16. The Secretary may temporarily suspend the
license of a pharmacist, or pharmacy, registered or the
registration of a pharmacy technician, or registered certified
pharmacy technician, without a hearing, simultaneously with
the institution of proceedings for a hearing provided for in
Section 35.2 of this Act, if the Secretary finds that evidence
in his possession indicates that a continuation in practice
would constitute an imminent danger to the public. In the event
that the Secretary suspends, temporarily, this license or
registration without a hearing, a hearing by the Department
must be held within 15 days after such suspension has occurred,
and be concluded without appreciable delay.

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(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
(225 ILCS 85/35.18) (from Ch. 111, par. 4155.18)
(Section scheduled to be repealed on January 1, 2018)
Sec. 35.18. Certification of record. The Department shall
not be required to certify any record to the court, or to file
an any answer in court, or to otherwise appear in any court in
a judicial review proceeding, unless and until the Department
has received from the plaintiff 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,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court shall be grounds for
dismissal of the action. During the pendency and hearing of any
and all judicial proceedings incident to the disciplinary
action the sanctions imposed upon the accused by the Department
because of acts or omissions related to the delivery of direct
patient care as specified in the Department's final
administrative decision, shall, as a matter of public policy,
remain in full force and effect in order to protect the public
pending final resolution of any of the proceedings.
(Source: P.A. 87-1031.)
(225 ILCS 85/35.20 new)
Sec. 35.20. Confidentiality. All information collected by

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the Department in the course of an examination or investigation
of a licensee or applicant, including, but not limited to, any
complaint against a licensee filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed. The Department may not disclose the
information to anyone other than law enforcement officials,
other regulatory agencies that have an appropriate regulatory
interest as determined by the Secretary, or to a party
presenting a lawful subpoena to the Department. Information and
documents disclosed to a federal, State, county, or local law
enforcement agency shall not be disclosed by the agency for any
purpose to any other agency or person. A formal complaint filed
against a licensee by the Department or any order issued by the
Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(225 ILCS 85/35.21 new)
Sec. 35.21. Citations.
(a) The Department shall adopt rules to permit the issuance
of citations to any licensee for any violation of this Act or
the rules. The citation shall be issued to the licensee or
other person alleged to have committed one or more violations
and shall contain the licensee's or other person's name and
address, the licensee's license number, if any, a brief factual
statement, the Sections of this Act or the rules allegedly

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violated, and the penalty imposed, which shall not exceed
$1,000. The citation must clearly state that if the cited
person wishes to dispute the citation, he or she may request in
writing, within 30 days after the citation is served, a hearing
before the Department. If the cited person does not request a
hearing within 30 days after the citation is served, then the
citation shall become a final, non-disciplinary order and any
fine imposed is due and payable. If the cited person requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited person a hearing conducted in
the same manner as a hearing provided in this Act for any
violation of this Act and shall determine whether the cited
person committed the violation as charged and whether the fine
as levied is warranted. If the violation is found, any fine
shall constitute discipline and be due and payable within 30
days of the order of the Secretary. Failure to comply with any
final order may subject the licensed person to further
discipline or other action by the Department or a referral to
the State's Attorney.
(b) A citation must be issued within 6 months after the
reporting of a violation that is the basis for the citation.
(c) Service of a citation shall be made in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record.
(d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and

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rules for additional, repeated, or continuing violations.
(225 ILCS 85/36) (from Ch. 111, par. 4156)
(Section scheduled to be repealed on January 1, 2018)
Sec. 36. Illinois 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 Illinois
Administrative Procedure Act is deemed sufficient when
personally served, mailed to the address of record of the
applicant or licensee, or emailed to the email address of
record of the applicant or licensee last known address of a
party.
(Source: P.A. 88-45.)
Section 99. Effective date. This Act takes effect upon
becoming law.