Bill Text: IL HB4475 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Pharmacy Practice Act. Provides that provisions relating to pharmacist working hours shall not apply when an emergency, as deemed by the professional judgement of the pharmacist in charge (rather than 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-04 - Referred to Rules Committee [HB4475 Detail]

Download: Illinois-2019-HB4475-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4475 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
225 ILCS 85/15.1
Amends the Pharmacy Practice Act. Provides that provisions relating to pharmacist working hours shall not apply when an emergency, as deemed by the professional judgement of the pharmacist in charge (rather than 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.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act is amended by changing
Section 15.1 as follows:
(225 ILCS 85/15.1)
(Section scheduled to be repealed on January 1, 2023)
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

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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

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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.

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(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 in charge, 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.
(Source: P.A. 101-621, eff. 1-1-20.)