94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
Introduced 1 March, 2006, by Rep. Kurt M. Granberg
Synopsis as introduced
225 ILCS 85/3 from Ch. 111, par. 4123
225 ILCS 85/15.7 new
745 ILCS 70/3 from Ch. 111 1/2, par. 5303
Amends the Pharmacy Practice Act of 1987. Provides that a pharmacist
licensed under the Act may, based on his or her personal, religious beliefs,
refuse to fill a prescription for and to dispense emergency contraception.
Amends the Health Care Right of Conscience Act. Adds the dispensation of
prescribed medication to the list of activities included in the definition
of "health care", adds pharmacist to the list of occupations included in the
definition of "health care personnel", and adds pharmacy to the list of
facilities included in the definition of "health care facility".
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois, represented in the
General Assembly:
Section 5. The Pharmacy Practice Act of 1987 is amended by changing
Section 3 and by adding Section 15.7 as follows:
(225 ILCS 85/3) (from Ch. 111, par. 4123) (Section scheduled to be
repealed on January 1, 2008)
Sec. 3. Definitions.
For the purpose of this Act, except where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where pharmaceutical care
is provided by a pharmacist
(1) where drugs, medicines, or poisons are dispensed,
sold or offered for sale at retail, or displayed for sale at retail; or
2) where prescriptions of physicians, dentists,
veterinarians, podiatrists, or therapeutically certified optometrists,
within the limits of their licenses, are compounded, filled, or dispensed;
or (3) which has upon it or displayed within it, or affixed to or used in
connection with it, a sign bearing the word or words "Pharmacist",
"Druggist", "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore",
"Medicine Store", "Prescriptions", "Drugs", "Medicines", or any word or
words of similar or like import, either in the English language or any other
language; or
(4) where the characteristic prescription sign (Rx) or
similar design is exhibited; or
(5) any store, or shop, or other place with respect to
which any of the above words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes
(l) articles recognized in the official United States
Pharmacopoeia/National Formulary (USP/NF), or any supplement thereto and
being intended for and having for their main use the diagnosis, cure,
mitigation, treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration, but does not
include devices or their components, parts, or accessories; and
(2) all other articles intended for and having for
their main use the diagnosis, cure, mitigation, treatment or prevention of
disease in man or other animals, as approved by the United States Food and
Drug Administration, but does not include devices or their components,
parts, or accessories; and
(3) articles (other than food) having for their main
use and intended to affect the structure or any function of the body of man
or other animals; and
(4) articles having for their main use and intended
for use as a component or any articles specified in clause (l), (2) or (3);
but does not include devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended
for human or veterinary use approved by the United States Food and Drug
Administration.
(d) "Practice of pharmacy" means the provision of
pharmaceutical care to patients as determined by the pharmacist's
professional judgment in the following areas, which may include but are not
limited to
(1) patient counseling,
(2) interpretation and assisting in the monitoring of
appropriate drug use and prospective drug utilization review,
(3) providing information on the therapeutic values,
reactions, drug interactions, side effects, uses, selection of medications
and medical devices, and outcome of drug therapy, (4) participation in drug
selection, drug monitoring, drug utilization review, evaluation,
administration, interpretation, application of pharmacokinetic and
laboratory data to design safe and effective drug regimens,
(5) drug research (clinical and scientific), and (6)
compounding and dispensing of drugs and medical devices.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or medical devices,
issued by a physician licensed to practice medicine in all its branches,
dentist, veterinarian, or podiatrist, or therapeutically certified
optometrist, within the limits of their licenses, by a physician assistant
in accordance with subsection (f) of Section 4, or by an advanced practice
nurse in accordance with subsection (g) of Section 4,containing the
following:
(l) name of the patient;
(2) date when prescription was issued;
(3) name and strength of drug or description of the
medical device prescribed; and
(4) quantity,
(5) directions for use,
(6) prescriber's name, address and signature, and (7)
DEA number where required, for controlled substances. DEA numbers shall not
be required on inpatient drug orders.
(f) "Person" means and includes a natural person,
copartnership, association, corporation, government entity, or any other
legal entity.
(g) "Department" means the Department of Professional
Regulation.
(h) "Board of Pharmacy" or "Board"
means the State Board of Pharmacy of the Department of Professional
Regulation.
(i) "Director" means the Director of Professional
Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section 25 of this Act
and Section 3.14 of the Illinois Food, Drug and Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility licensed under
the Nursing Home Care Act or the Hospital Licensing Act, or "An Act in
relation to the founding and operation of the University of Illinois
Hospital and the conduct of University of Illinois health care programs",
approved July 3, 1931, as amended, or a facility which is operated by the
Department of Human Services (as successor to the Department of Mental
Health and Developmental Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to engage in the
practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is responsible for all
aspects of the operation related to the practice of pharmacy.
(m) "Dispense" means the delivery of drugs and medical
devices, in accordance with applicable State and federal laws and
regulations, to the patient or the patient's representative authorized to
receive these products, including the preparation, compounding, packaging,
and labeling necessary for delivery, computer entry, and verification of
medication orders and prescriptions, and any recommending or advising
concerning the contents and therapeutic values and uses thereof. "Dispense"
does not mean the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a pharmacist or by
common carrier. "Dispense" also does not mean the physical delivery of a
drug or medical device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the pharmacist is
on duty and the pharmacy is open.
(n) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States, other than Illinois, that delivers,
dispenses or distributes, through the United States Postal Service or other
common carrier, to Illinois residents, any substance which requires a
prescription.
(o) "Compounding" means the preparation, mixing,
assembling, packaging, or labeling of a drug or medical device:
(1) as the result of a practitioner's prescription
drug order or initiative that is dispensed pursuant to a prescription in the
course of professional practice; or
(2) for the purpose of, or incident to, research,
teaching, or chemical analysis; or
(3) in anticipation of prescription drug orders based
on routine, regularly observed prescribing patterns.
(p) "Confidential information" means information,
maintained by the pharmacist in the patient's records, released only
(i) to the patient or, as the patient directs, to
other practitioners and other pharmacists or
(ii) to any other person authorized by law to receive
the information.
(q) "Prospective drug review" or "drug
utilization evaluation" means a screening for potential drug
therapy problems due to therapeutic duplication, drug-disease
contraindications, drug-drug interactions (including serious interactions
with nonprescription or over-the-counter drugs), drug-food interactions,
incorrect drug dosage or duration of drug treatment, drug-allergy
interactions, and clinical abuse or misuse.
(r) "Patient counseling" means the communication between
a pharmacist or a student pharmacist under the direct supervision of a
pharmacist and a patient or the patient's representative about the patient's
medication or device for the purpose of optimizing proper use of
prescription medications or devices. The offer to counsel by the pharmacist
or the pharmacist's designee, and subsequent patient counseling by the
pharmacist or student pharmacist, shall be made in a face-to-face
communication with the patient or patient's representative unless, in the
professional judgment of the pharmacist, a face-to-face communication is
deemed inappropriate or unnecessary. In that instance, the offer to counsel
or patient counseling may be made in a written communication, by telephone,
or in a manner determined by the pharmacist to be appropriate.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient prescription
information, including prescriptions for controlled substances, and personal
information.
(t) "Pharmaceutical care" includes, but is not limited
to, the act of monitoring drug use and other patient care services intended
to achieve outcomes that improve the patient's quality of life but shall not
include the sale of over-the-counter drugs by a seller of goods and services
who does not dispense rescription drugs.
(u) "Medical device" means an instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent, or other similar
or related article, including any component part or accessory, required
under federal law to bear the label "Caution: Federal law requires
dispensing by or on the order of a physician". A seller of goods and
services who, only for the purpose of retail sales, compounds, sells, rents,
or leases medical devices shall not, by reasons thereof, be required to be a
licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other acceptable
individual biometric or electronic identification process as approved by the
Department.
(w) "Current usual and customary retail price" means the
actual price that a pharmacy charges a retail purchaser.
(x) "Emergency contraception" means one or more
prescription drugs, used separately or in combination in a non-patient
specific regimen, that are prescribed and ordered by a physician licensed in
this State to practice medicine in all its branches, an advanced practice
nurse, or a physician assistant for a registered professional nurse that are
to be administered to or self-administered by the patient in a dosage and
manner for preventing pregnancy when used after intercourse, and that are
found safe and effective for that use by the U.S. Food and Drug
Administration and dispensed for that purpose. (Source: P.A. 93-571, eff.
8-20-03; 93-1075, eff. 1-18-05; 94-459, eff. 1-1-06.)
(225 ILCS 85/15.7 new) (Section scheduled to be repealed on January 1, 2008)
Sec. 15.7. Pharmacist refusal to dispense emergency contraception.
A pharmacist licensed under this Act may, based upon his or her personal,
religious beliefs, refuse to fill a prescription for and to dispense
emergency contraception.
Section 10. The Health Care Right of Conscience Act is amended by
changing Section 3 as follows:
(745 ILCS 70/3) (from Ch. 111 1/2, par. 5303)
Sec. 3. Definitions.
As used in this Act, unless the context clearly otherwise requires:
(a) "Health care" means any phase of patient care,
including but not limited to, testing; diagnosis; prognosis; ancillary
research; instructions; family planning, counselling, referrals, or any
other advice in connection with the use or procurement of contraceptives and
sterilization or abortion procedures; medication; dispensation of prescribed
medication; or surgery or other care or treatment rendered by a physician or
physicians, nurses, paraprofessionals or health care facility, intended for
the physical, emotional, and mental well-being of persons;
(b) "Physician" means any person who is licensed by the State of Illinois
under the Medical Practice Act of 1987;
(c) "Health care personnel" means any nurse, nurses'
aide, medical school student, professional, paraprofessional, pharmacist, or
any other person who furnishes, or assists in the furnishing of, health care
services;
(d) "Health care facility" means any public or private
hospital, clinic, center, medical school, medical training institution,
laboratory or diagnostic facility, physician's office, infirmary,
dispensary, ambulatory surgical treatment center, pharmacy, or other
institution or location wherein health care services are provided to any
person, including physician organizations and associations, networks, joint
ventures, and all other combinations of those organizations;
(e) "Conscience" means a sincerely held set of moral
convictions arising from belief in and relation to God, or which, though not
so derived, arises from a place in the life of its possessor parallel to
that filled by God among adherents to religious faiths; and
(f) "Health care payer" means a health maintenance
organization, insurance company, management services organization, or any
other entity that pays for or arranges for the payment of any health care or
medical care service, procedure, or product.
The above definitions include not only the traditional combinations and
forms of these persons and organizations but also all new and emerging forms
and combinations of these persons and organizations.
(Source: P.A. 90-246, eff. 1-1-98.)