Bill Text: IL SB1443 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Hospital Licensing Act. Provides that the term "hospital" does not include animal hospitals or animal care facilities maintained by any university or college established under the laws of this State and supported by public funds raised by taxation. Amends the Pharmacy Practice Act. Provides that the Secretary's waiver of the requirement that a pharmacist be on duty at all times for State facilities not treating human ailments shall remain in effect until it is rescinded by the Secretary and the Department provides written notice of the rescission to the State facility. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0219 [SB1443 Detail]

Download: Illinois-2009-SB1443-Enrolled.html

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AN ACT concerning professional regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Licensing Act is amended by
changing Section 3 as follows:
(210 ILCS 85/3) (from Ch. 111 1/2, par. 144)
Sec. 3. As used in this Act:
(A) "Hospital" means any institution, place, building, or
agency, public or private, whether organized for profit or not,
devoted primarily to the maintenance and operation of
facilities for the diagnosis and treatment or care of 2 or more
unrelated persons admitted for overnight stay or longer in
order to obtain medical, including obstetric, psychiatric and
nursing, care of illness, disease, injury, infirmity, or
deformity.
The term "hospital", without regard to length of stay,
shall also include:
(a) any facility which is devoted primarily to
providing psychiatric and related services and programs
for the diagnosis and treatment or care of 2 or more
unrelated persons suffering from emotional or nervous
diseases;
(b) all places where pregnant females are received,

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cared for, or treated during delivery irrespective of the
number of patients received.
The term "hospital" includes general and specialized
hospitals, tuberculosis sanitaria, mental or psychiatric
hospitals and sanitaria, and includes maternity homes,
lying-in homes, and homes for unwed mothers in which care is
given during delivery.
The term "hospital" does not include:
(1) any person or institution required to be licensed
pursuant to the Nursing Home Care Act, as amended;
(2) hospitalization or care facilities maintained by
the State or any department or agency thereof, where such
department or agency has authority under law to establish
and enforce standards for the hospitalization or care
facilities under its management and control;
(3) hospitalization or care facilities maintained by
the federal government or agencies thereof;
(4) hospitalization or care facilities maintained by
any university or college established under the laws of
this State and supported principally by public funds raised
by taxation;
(5) any person or facility required to be licensed
pursuant to the Alcoholism and Other Drug Abuse and
Dependency Act;
(6) any facility operated solely by and for persons who
rely exclusively upon treatment by spiritual means through

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prayer, in accordance with the creed or tenets of any
well-recognized church or religious denomination; or
(7) an An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or .
(8) any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 or
maintained by a State-supported or publicly funded
university or college.
(B) "Person" means the State, and any political subdivision
or municipal corporation, individual, firm, partnership,
corporation, company, association, or joint stock association,
or the legal successor thereof.
(C) "Department" means the Department of Public Health of
the State of Illinois.
(D) "Director" means the Director of Public Health of the
State of Illinois.
(E) "Perinatal" means the period of time between the
conception of an infant and the end of the first month after
birth.
(F) "Federally designated organ procurement agency" means
the organ procurement agency designated by the Secretary of the
U.S. Department of Health and Human Services for the service
area in which a hospital is located; except that in the case of
a hospital located in a county adjacent to Wisconsin which

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currently contracts with an organ procurement agency located in
Wisconsin that is not the organ procurement agency designated
by the U.S. Secretary of Health and Human Services for the
service area in which the hospital is located, if the hospital
applies for a waiver pursuant to 42 USC 1320b-8(a), it may
designate an organ procurement agency located in Wisconsin to
be thereafter deemed its federally designated organ
procurement agency for the purposes of this Act.
(G) "Tissue bank" means any facility or program operating
in Illinois that is certified by the American Association of
Tissue Banks or the Eye Bank Association of America and is
involved in procuring, furnishing, donating, or distributing
corneas, bones, or other human tissue for the purpose of
injecting, transfusing, or transplanting any of them into the
human body. "Tissue bank" does not include a licensed blood
bank. For the purposes of this Act, "tissue" does not include
organs.
(Source: P.A. 91-838, eff. 6-16-00.)
Section 10. The Pharmacy Practice Act is amended by
changing Section 15 as follows:
(225 ILCS 85/15) (from Ch. 111, par. 4135)
(Section scheduled to be repealed on January 1, 2018)
Sec. 15. Pharmacy requirements. It shall be unlawful for
the owner of any pharmacy, as defined in this Act, to operate

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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 required for each different
physical address .
(d) 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 (d)
shall operate under the license of the home pharmacy.
The Secretary Director 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

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in effect until it is rescinded by the Secretary and the
Department provides written notice of the rescission to the
State facility.
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.
The holder of any license or certificate of 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. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)
Section 15. The Illinois Controlled Substances Act is
amended by changing Section 302 as follows:
(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)

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Sec. 302. (a) Every person who manufactures, distributes,
or dispenses any controlled substances, or engages in chemical
analysis, and instructional activities which utilize
controlled substances, or who purchases, stores, or
administers euthanasia drugs, within this State or who proposes
to engage in the manufacture, distribution, or dispensing of
any controlled substance, or to engage in chemical analysis,
and instructional activities which utilize controlled
substances, or to engage in purchasing, storing, or
administering euthanasia drugs, within this State, must obtain
a registration issued by the Department of Professional
Regulation in accordance with its rules. The rules shall
include, but not be limited to, setting the expiration date and
renewal period for each registration under this Act. The
Department, and any facility or service licensed by the
Department, and any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 or maintained by a
State-supported or publicly funded university or college shall
be exempt from the regulation requirements of this Section.
(b) Persons registered by the Department of Professional
Regulation under this Act to manufacture, distribute, or
dispense controlled substances, or purchase, store, or
administer euthanasia drugs, may possess, manufacture,
distribute, or dispense those substances, or purchase, store,
or administer euthanasia drugs, to the extent authorized by

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their registration and in conformity with the other provisions
of this Article.
(c) The following persons need not register and may
lawfully possess controlled substances under this Act:
(1) an agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled
substance if he is acting in the usual course of his
employer's lawful business or employment;
(2) a common or contract carrier or warehouseman, or an
agent or employee thereof, whose possession of any
controlled substance is in the usual lawful course of such
business or employment;
(3) an ultimate user or a person in possession of any
controlled substance pursuant to a lawful prescription of a
practitioner or in lawful possession of a Schedule V
substance;
(4) officers and employees of this State or of the
United States while acting in the lawful course of their
official duties which requires possession of controlled
substances;
(5) a registered pharmacist who is employed in, or the
owner of, a pharmacy licensed under this Act and the
Federal Controlled Substances Act, at the licensed
location, or if he is acting in the usual course of his
lawful profession, business, or employment.
(d) A separate registration is required at each place of

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business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances,
or purchases, stores, or administers euthanasia drugs. Persons
are required to obtain a separate registration for each place
of business or professional practice where controlled
substances are located or stored. A separate registration is
not required for every location at which a controlled substance
may be prescribed.
(e) The Department of Professional Regulation or the
Department of State Police may inspect the controlled premises,
as defined in Section 502 of this Act, of a registrant or
applicant for registration in accordance with this Act and the
rules promulgated hereunder and with regard to persons licensed
by the Department, in accordance with subsection (bb) of
Section 30-5 of the Alcoholism and Other Drug Abuse and
Dependency Act and the rules and regulations promulgated
thereunder.
(Source: P.A. 93-626, eff. 12-23-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.