Bill Text: IL SB2104 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2020 to January 1, 2023. Amends the Pharmacy Practice Act. Extends the repeal date of provisions concerning the Collaborative Pharmaceutical Task Force from November 1, 2020 to November 1, 2021. Adds members to the Task Force and requires the Task Force to vote on additional recommendations on October 1, 2020. Requires the Department of Financial and Professional Regulation, in direct consultation with the Task Force, to propose rules for adoption. Deletes language providing that a registered pharmacy technician may assist in the practice of pharmacy and perform specified functions. Provides, with exceptions, that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task. Makes changes to the training requirements of pharmacy technicians. Provides requirements for working conditions for pharmacies. Requires a patient or patient's agent to enroll a prescription in an auto-refill program before the prescription may be included in an auto-refill program with a refill on file. Beginning January 1, 2021, requires a pharmacy using specified standards for receiving electronic prescriptions to enable, activate, and maintain the ability to receive transmissions and to transmit cancellations for electronic prescriptions. Requires a pharmacy to respond to a cancellation transmission of a prescription. Requires the Department to adopt rules implementing the provisions to ensure that discontinued medications are not dispensed, whether prescribed through an electronic or paper prescription. Provides that a waiver for continuing pharmacy education requirements may be granted for not more than one of any 2 (rather than 3) consecutive renewal periods. Provides that all pharmacies shall maintain an up-to-date training program policies and procedures manual (rather than an up-to-date training program). Provides for additional violations that the Department may enforce with disciplinary action. Repeals provisions regarding references to the Director or Department of Professional Regulation, rosters, and disciplinary consent orders. Makes other changes. Effective immediately, except that the changes to the Pharmacy Practice Act take effect January 1, 2020.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0621 [SB2104 Detail]

Download: Illinois-2019-SB2104-Chaptered.html

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Public Act 101-0621
SB2104 Enrolled LRB101 09864 RAB 54966 b
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 4.30 and 4.33 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Landscape Architecture Act of 1989.
The Pharmacy Practice Act.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18; 101-269, eff. 8-9-19; 101-310, eff.
8-9-19; 101-311, eff. 8-9-19; 101-312, eff. 8-9-19; 101-313,
eff. 8-9-19; 101-345, eff. 8-9-19; 101-346, eff. 8-9-19;
101-357, eff. 8-9-19; revised 9-27-19.)
(5 ILCS 80/4.33)
Sec. 4.33. Acts repealed on January 1, 2023. The following
Acts are repealed on January 1, 2023:
The Dietitian Nutritionist Practice Act.
The Elevator Safety and Regulation Act.

The Fire Equipment Distributor and Employee Regulation Act
of 2011.
The Funeral Directors and Embalmers Licensing Code.
The Naprapathic Practice Act.
The Pharmacy Practice Act.
The Professional Counselor and Clinical Professional
Counselor Licensing and Practice Act.
The Wholesale Drug Distribution Licensing Act.
(Source: P.A. 97-706, eff. 6-25-12; 97-778, eff. 7-13-12;
97-804, eff. 1-1-13; 97-979, eff. 8-17-12; 97-1048, eff.
8-22-12; 97-1130, eff. 8-28-12; 97-1141, eff. 12-28-12.)
Section 10. The Pharmacy Practice Act is amended by
changing Sections 4.5, 9, 9.5, 17.1, 30, 33, 35.3, 35.5, 35.9,
35.10, and 35.21 and by adding Sections 15.1 and 22c as
follows:
(225 ILCS 85/4.5)
(Section scheduled to be repealed on January 1, 2020)
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
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
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
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.
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.
For the purposes of continuing dialogue on best practices
for pharmacy in the State of Illinois, the Task Force shall be
reconvened beginning January 1, 2020. Members who served on the
Task Force before January 1, 2020 shall continue to serve. The
following additional voting members shall be appointed to the

Task Force as follows:
(A) one representative of a statewide organization
exclusively representing retailers, including pharmacies,
who shall be appointed by the Governor;
(B) one representative of a statewide organization
representing unionized pharmacy employees who shall be
appointed by the Governor;
(C) one member of the General Assembly who shall be
appointed by the Speaker of the House of Representatives;
(D) one member of the General Assembly who shall be
appointed by the Minority Leader of the House of
Representatives;
(E) one member of the General Assembly who shall be
appointed by the President of the Senate; and
(F) one member of the General Assembly who shall be
appointed by the Minority Leader of the Senate.
All provisions relating to the operation and meeting of the
Task Force shall continue to apply during the extended period
beginning January 1, 2020.
No later than October 1, 2020, the voting members of the
Task Force shall vote on recommendations that are in addition
to those voted on on or before September 1, 2019.
No later than November 1, 2020, the Department, in direct
consultation with the Task Force, shall propose rules for
adoption that are consistent with the Task Force's
recommendations, or recommend legislation to the General

Assembly, concerning the items considered by the Task Force.
This Section is repealed on November 1, 2021 2020.
(Source: P.A. 100-497, eff. 9-8-17.)
(225 ILCS 85/9) (from Ch. 111, par. 4129)
(Section scheduled to be repealed on January 1, 2020)
Sec. 9. Licensure as registered pharmacy technician.
(a) Any person shall be entitled to licensure 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 equivalency
certificate, and has filed a written or electronic application
for licensure on a form to be prescribed and furnished by the
Department for that purpose. The Department shall issue a
license as a registered pharmacy technician to any applicant
who has qualified as aforesaid, and such license 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 be delegated to perform any task within the
practice of pharmacy if specifically trained for that task,
except for not engage in patient counseling, drug regimen
review, or clinical conflict resolution.
(b) Beginning on January 1, 2017, within 2 years after
initial licensure as a registered pharmacy technician, the
licensee must meet the requirements described in Section 9.5 of
this Act and become licensed as a registered certified pharmacy
technician. If the licensee has not yet attained the age of 18,
then upon the next renewal as a registered pharmacy technician,
the licensee must meet the requirements described in Section
9.5 of this Act and become licensed as a 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 as a registered pharmacy
technician set forth in this Section excluding the requirement
of certification prior to the second license renewal and pay
the required registered pharmacy technician license 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
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 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 as a
registered pharmacy technician with the designation "student
pharmacist" who: (1) has dropped out of or been expelled from
an ACPE accredited college of pharmacy; (2) has failed to
complete his or her 1,200 hours of Board approved clinical
training within 24 months; or (3) has failed the pharmacist
licensure examination 3 times. The Department shall require
these individuals to meet the requirements of and become
licensed 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 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 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
from the requirement of licensure 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 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
if the applicant has submitted the required fee and an
application for licensure 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.
(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
(225 ILCS 85/9.5)
(Section scheduled to be repealed on January 1, 2020)

Sec. 9.5. Registered certified pharmacy technician.
(a) An individual licensed as a registered pharmacy
technician under this Act may be licensed 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.
(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) Beginning on January 1, 2022, a new pharmacy
technician is required to have He or she has (i) graduated
from a pharmacy technician training program that meets
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 standardized nationally
accredited education and 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 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 under this Section.
(d) A person who is not a licensed registered pharmacy
technician and meets the requirements of this Section may be
licensed as a registered certified pharmacy technician without
first being licensed as a registered pharmacy technician.
(e) As a condition for the renewal of a license as a
registered certified pharmacy technician, the licensee 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 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, 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, by rule, further
provide an orderly process for the restoration of a license
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
be granted for not more than one of any 2 3 consecutive renewal
periods.
(Source: P.A. 99-473, eff. 1-1-17; 100-497, eff. 9-8-17.)
(225 ILCS 85/15.1 new)
Sec. 15.1. Pharmacy working conditions.
(a) A pharmacy licensed under this Act shall not require a
pharmacist, student pharmacist, or pharmacy technician to work
longer than 12 continuous hours per day, inclusive of the
breaks required under subsection (b).
(b) A pharmacist who works 6 continuous hours or longer per
day shall be allowed to take, at a minimum, one 30-minute
uninterrupted meal break and one 15-minute break during that
6-hour period. If such pharmacist is required to work 12

continuous hours per day, at a minimum, he or she qualifies for
an additional 15-minute break. A pharmacist who is entitled to
take such breaks shall not be required to work more than 5
continuous hours, excluding a 15-minute break, before being
given the opportunity to take a 30-minute uninterrupted meal
break. If the pharmacy has a private break room available, or
if there is a private break room in the establishment or
business in which the pharmacy is located, a pharmacist who is
entitled to breaks must be given access to that private break
room and allowed to spend his or her break time in that room.
(c) A pharmacy may, but is not required to, close when a
pharmacist is allowed to take a break under subsection (b). If
the pharmacy does not close, the pharmacist shall either remain
within the licensed pharmacy or within the establishment in
which the licensed pharmacy is located in order to be available
for emergencies. In addition, the following applies:
(1) pharmacy technicians, student pharmacists, and
other supportive staff authorized by the pharmacist on duty
may continue to perform duties as allowed under this Act;
(2) no duties reserved to pharmacists and student
pharmacists under this Act, or that require the
professional judgment of a pharmacist, may be performed by
pharmacy technicians or other supportive staff; and
(3) only prescriptions that have received final
verification by a pharmacist may be dispensed while the
pharmacist is on break, except those prescriptions that

require counseling by a pharmacist, including all new
prescriptions and those refill prescriptions for which a
pharmacist has determined that counseling is necessary,
may be dispensed only if the following conditions are met:
(i) the patient or other individual who is picking
up the prescription on behalf of the patient is told
that the pharmacist is on a break and is offered the
chance to wait until the pharmacist returns from break
in order to receive counseling;
(ii) if the patient or other individual who is
picking up the prescription on behalf of the patient
declines to wait, a telephone number at which the
patient or other individual who is picking up the
prescription on behalf of the patient can be reached is
obtained;
(iii) after returning from the break, the
pharmacist makes a reasonable effort to contact the
patient or other individual who is picking up the
prescription on behalf of the patient and provide
counseling; and
(iv) the pharmacist documents the counseling that
was provided or documents why counseling was not
provided after a minimum of 2 attempts, including a
description of the efforts made to contact the patient
or other individual who is picking up the prescription
on behalf of the patient; the documentation shall be

retained by the pharmacy and made available for
inspection by the Board or its authorized
representatives for at least 2 years.
(d) In a pharmacy staffed by 2 or more pharmacists, the
pharmacists shall stagger breaks so that at least one
pharmacist remains on duty during all times that the pharmacy
remains open for the transaction of business.
(e) A pharmacy shall keep and maintain a complete and
accurate record showing its pharmacists' daily break periods.
(f) Subsections (a) and (b) shall not apply when an
emergency, as deemed by the professional judgment of the
pharmacist, necessitates that a pharmacist, student
pharmacist, or pharmacy technician work longer than 12
continuous hours, work without taking required meal breaks, or
have a break interrupted in order to minimize immediate health
risks for patients.
(225 ILCS 85/17.1)
(Section scheduled to be repealed on January 1, 2020)
Sec. 17.1. Registered pharmacy technician training.
(a) It 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 practice
areas as they apply to Illinois law and topics as they relate
to the specific practice site and job responsibilities:

(1) The duties and responsibilities of the technicians
and pharmacists.
(2) Tasks and technical skills, policies, and
procedures.
(3) Compounding, packaging, labeling, and storage.
(4) Pharmaceutical and medical terminology.
(5) Record keeping requirements.
(6) The ability to perform and apply arithmetic
calculations.
Beginning January 1, 2022, it shall also be the joint
responsibility of a pharmacy and its pharmacist in charge to
ensure that all new pharmacy technicians are educated and
trained using a standard nationally accredited education and
training program, such as those accredited by the Accreditation
Council for Pharmacy Education (ACPE)/the American Society of
Health-System Pharmacists (ASHP) or other board approved
education and training programs. The pharmacist in charge is
not required to provide the required education to the pharmacy
technician, but the pharmacist in charge must ensure that the
pharmacy technician has presented proof that he or she
completed a standard nationally accredited or board approved
education and training program.
(b) Within 2 years of initial licensure as a pharmacy
technician and within 6 months before beginning any new 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 policies and procedures manual describing the duties
and responsibilities of a registered pharmacy technician and
registered certified 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. 100-497, eff. 9-8-17.)
(225 ILCS 85/22c new)
Sec. 22c. Automated prescription refills.
(a) Before a prescription that has a refill on file from a
prescribing practitioner may be included in an auto-refill
program, a patient or patient's agent must enroll each
prescription medication in an auto-refill program.
Prescriptions without a refill on file are not eligible for
auto-refill.
(b) Beginning January 1, 2021, a pharmacy using the
National Council for Prescription Drug Programs's SCRIPT
standard for receiving electronic prescriptions must enable,
activate, and maintain the ability to receive transmissions of

electronic prescription cancellation and to transmit
cancellation response transactions.
(c) Within 2 business days of receipt of a prescription
cancellation transaction, pharmacy staff must either review
the cancellation transaction for deactivation or provide that
deactivation occurs automatically.
(d) The Department shall adopt rules to implement this
Section. The rules shall 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.
(225 ILCS 85/30) (from Ch. 111, par. 4150)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30. Refusal, revocation, suspension, or other
discipline.
(a) The Department may refuse to issue or renew, or may
revoke a license, 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 for any
one or combination of the following causes:
1. Material misstatement in furnishing information to
the Department.
2. Violations of this Act, or the rules promulgated
hereunder.

3. Making any misrepresentation for the purpose of
obtaining licenses.
4. A pattern of conduct which demonstrates
incompetence or unfitness to practice.
5. Aiding or assisting another person in violating any
provision of this Act or rules.
6. Failing, within 60 days, to respond to a written
request made by the Department for information.
7. Engaging in 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.
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

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

dishonesty, or that is directly related to the practice of
pharmacy.
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
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 under this Act, or the
licensee's agents or employees.
24. Failing to report within 60 days to the Department
any adverse final action taken against a pharmacy,
pharmacist, registered pharmacy technician, or registered
certified pharmacy 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.
29. Using advertisements or making solicitations that
may jeopardize the health, safety, or welfare of patients,
including, but not be limited to, the use of advertisements
or solicitations that:
(A) are false, fraudulent, deceptive, or
misleading; or
(B) include any claim regarding a professional
service or product or the cost or price thereof that
cannot be substantiated by the licensee.

30. Requiring a pharmacist to participate in the use or
distribution of advertisements or in making solicitations
that may jeopardize the health, safety, or welfare of
patients.
31. Failing to provide a working environment for all
pharmacy personnel that protects the health, safety, and
welfare of a patient, which includes, but is not limited
to, failing to:
(A) employ sufficient personnel to prevent
fatigue, distraction, or other conditions that
interfere with a pharmacist's ability to practice with
competency and safety or creates an environment that
jeopardizes patient care;
(B) provide appropriate opportunities for
uninterrupted rest periods and meal breaks;
(C) provide adequate time for a pharmacist to
complete professional duties and responsibilities,
including, but not limited to:
(i) drug utilization review;
(ii) immunization;
(iii) counseling;
(iv) verification of the accuracy of a
prescription; and
(v) all other duties and responsibilities of a
pharmacist as listed in the rules of the
Department.

32. Introducing or enforcing external factors, such as
productivity or production quotas or other programs
against pharmacists, student pharmacists or pharmacy
technicians, to the extent that they interfere with the
ability of those individuals to provide appropriate
professional services to the public.
33. Providing an incentive for or inducing the transfer
of a prescription for a patient absent a professional
rationale.
(b) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(c) The Department shall revoke any license 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 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
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
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 of his or her license until such time as the
individual submits to the examination. 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 as a condition for continued,
restored reinstated, or renewed licensure to practice. Any
pharmacist, registered certified pharmacy technician, or
registered pharmacy technician whose license was granted,
continued, restored 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, shall be referred to the Secretary 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 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. Any person who reports a violation of this
Section to the Department is protected under subsection (b) of
Section 15 of the Whistleblower Act.
(i) Members of the Board shall have no liability in any
action based upon any disciplinary proceedings or other
activity performed in good faith as a member of the Board 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.
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. 100-497, eff. 9-8-17.)
(225 ILCS 85/33) (from Ch. 111, par. 4153)
(Section scheduled to be repealed on January 1, 2020)
Sec. 33. The Secretary 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 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 of such person without a
hearing. In instances in which the Secretary immediately
suspends a license 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
that the person's license be revoked, suspended, placed on
probationary status or restored 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. 100-497, eff. 9-8-17.)
(225 ILCS 85/35.3) (from Ch. 111, par. 4155.3)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35.3. The Department, at its expense, shall preserve a
record of all proceedings at the formal hearing of any case
involving the refusal to issue, renew or discipline of a
license. The notice of hearing, complaint and all other
documents in the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony, the report of
the Board or hearing officer, exhibits, and orders of the
Department shall be the record of such proceeding.
(Source: P.A. 85-796.)
(225 ILCS 85/35.5) (from Ch. 111, par. 4155.5)
(Section scheduled to be repealed on January 1, 2020)
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, hearing officer, 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. 100-497, eff. 9-8-17.)
(225 ILCS 85/35.9) (from Ch. 111, par. 4155.9)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35.9. Whenever the Secretary Director is satisfied
that substantial justice has not been done in the revocation,
suspension or refusal to issue or renew a license or
registration, the Secretary Director may order a rehearing by
the same hearing officer and Board.
(Source: P.A. 88-428.)
(225 ILCS 85/35.10) (from Ch. 111, par. 4155.10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35.10. None of the disciplinary functions, powers and
duties enumerated in this Act shall be exercised by the
Department except upon the review of the Board.
In all instances, under this Act, in which the Board has
rendered a recommendation to the Director with respect to a
particular license or certificate, the Director shall, in the
event that he or she disagrees with or takes action contrary to
the recommendation of the Board, file with the Board his or her
specific written reasons of disagreement with the Board.
(Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/35.21)
(Section scheduled to be repealed on January 1, 2020)
Sec. 35.21. Citations.
(a) The Department may issue 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 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
rules for additional, repeated, or continuing violations.
(e) The Department may adopt rules for the issuance of
citations in accordance with this Section.
(Source: P.A. 100-497, eff. 9-8-17.)
(225 ILCS 85/2.5 rep.)
(225 ILCS 85/29 rep.)
(225 ILCS 85/35.12 rep.)
Section 15. The Pharmacy Practice Act is amended by
repealing Sections 2.5, 29, and 35.12.