Bill Text: IL SB2941 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Criminal Identification Act. Authorizes the court to seal Class 4 felony convictions for possession with intent to manufacture or deliver cannabis without the defendant being required to successfully complete qualified probation under the Act. Authorizes the court to seal Class 3 felony convictions for possession with intent to manufacture or deliver cannabis without the defendant being required to obtain an authorization for sealing from the Prisoner Review Board. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2014-05-30 - Added as Co-Sponsor Sen. Napoleon Harris, III [SB2941 Detail]

Download: Illinois-2013-SB2941-Amended.html

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Rep. Kelly M. Cassidy

Filed: 5/8/2014

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AMENDMENT TO SENATE BILL 2941
AMENDMENT NO. ______. Amend Senate Bill 2941 on page 1, by
replacing line 5 with the following:
"changing Sections 3.1 and 5.2 as follows:
(20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
Sec. 3.1. (a) The Department may furnish, pursuant to
positive identification, records of convictions to the
Department of Financial and Professional Regulation for the
purpose of meeting registration or licensure requirements
under the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 or the Pharmacy
Practice Act.
(b) The Department may furnish, pursuant to positive
identification, records of convictions to policing bodies of
this State for the purpose of assisting local liquor control
commissioners in carrying out their duty to refuse to issue
licenses to persons specified in paragraphs (4), (5) and (6) of

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Section 6-2 of the Liquor Control Act of 1934.
(c) The Department shall charge an application fee, based
on actual costs, for the dissemination of records pursuant to
this Section. Fees received for the dissemination of records
pursuant to this Section shall be deposited in the State Police
Services Fund. The Department is empowered to establish this
fee and to prescribe the form and manner for requesting and
furnishing conviction information pursuant to this Section.
(d) Any dissemination of any information obtained pursuant
to this Section to any person not specifically authorized
hereby to receive or use it for the purpose for which it was
disseminated shall constitute a violation of Section 7.
(Source: P.A. 95-613, eff. 9-11-07.)"; and
on page 33, immediately below line 23, by inserting the
following:
"Section 10. The Pharmacy Practice Act is amended by
changing Sections 6, 9, and 9.5 as follows:
(225 ILCS 85/6) (from Ch. 111, par. 4126)
(Section scheduled to be repealed on January 1, 2018)
Sec. 6. Each individual seeking licensure as a registered
pharmacist shall make application to the Department and shall
provide evidence of the following:
1. that he or she is a United States citizen or legally

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admitted alien;
2. that he or she has not engaged in conduct or behavior
determined to be grounds for discipline under this Act;
3. that he or she is a graduate of a first professional
degree program in pharmacy of a university recognized and
approved by the Department;
4. that he or she has successfully completed a program of
practice experience under the direct supervision of a
pharmacist in a pharmacy in this State, or in any other State;
and
5. that he or she has passed an examination recommended by
the Board of Pharmacy and authorized by the Department; and .
6. that he or she has submitted his or her fingerprints to
the Department of State Police in the form and manner
prescribed by the Department of State Police; these
fingerprints shall be transmitted through a live scan
fingerprint vendor licensed by the Department and shall be
checked against the fingerprint records now and hereafter filed
in the Department of State Police and Federal Bureau of
Investigation criminal history records databases; the
Department of State Police shall charge a fee for conducting
the criminal history records check, which shall be deposited
into the State Police Services Fund and shall not exceed the
actual cost of the State and national criminal history records
check; the Department of State Police shall furnish, pursuant
to positive identification, all Illinois conviction

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information and national criminal history records information
to the Department; the Department may adopt any rules necessary
to implement this subsection (6).
The Department shall issue a license as a registered
pharmacist to any applicant who has qualified as aforesaid and
who has filed the required applications and paid the required
fees in connection therewith; and such registrant shall have
the authority to practice the profession of pharmacy in this
State.
(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. Registration as pharmacy technician. Any person
shall be entitled to 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 GED, and has filed a written
application for registration on a form to be prescribed and
furnished by the Department for that purpose, and has submitted
his or her fingerprints to the Department of State Police in
the form and manner prescribed by the Department of State
Police. These fingerprints shall be transmitted through a live
scan fingerprint vendor licensed by the Department and shall be

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checked against the fingerprint records now and hereafter filed
in the Department of State Police and Federal Bureau of
Investigation criminal history records databases. The
Department of State Police shall charge a fee for conducting
the criminal history records check, which shall be deposited
into the State Police Services Fund and shall not exceed the
actual cost of the State and national criminal history records
check. The Department of State Police shall furnish, pursuant
to positive identification, all Illinois conviction
information and national criminal history records information
to the Department. The Department may adopt any rules necessary
to implement the background checks required under this Section.
The Department shall issue a certificate of registration as a
registered pharmacy technician to any applicant who has
qualified as aforesaid, and such 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.
Beginning on January 1, 2010, within 2 years after initial

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registration as a registered technician, a pharmacy technician
must become certified by successfully passing the Pharmacy
Technician Certification Board (PTCB) examination or another
Board-approved pharmacy technician examination and register as
a certified pharmacy technician with the Department in order to
continue to perform pharmacy technician's duties. This
requirement does not apply to pharmacy technicians registered
prior to January 1, 2008.
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 registration as a pharmacy technician set
forth in this Section excluding the requirement of
certification prior to the second registration renewal and pay
the required pharmacy technician 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.
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

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

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of such license. Such person shall be exempt from the
requirement of registration as a registered pharmacy
technician while engaged in the program of practice experience
required in the academic program.
An applicant for registration as a 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 certificate of
registration if the applicant has submitted the required fee
and an application for 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 registration.
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
(225 ILCS 85/9.5)
(Section scheduled to be repealed on January 1, 2018)
Sec. 9.5. Certified pharmacy technician.
(a) An individual registered as a pharmacy technician under
this Act may be registered as a 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

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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 Organization of Certifying
Agencies, as approved and required by the Board.
(6) He or she has paid the required certification fees.
(7) He or she has submitted his or her fingerprints to
the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be transmitted through a live scan
fingerprint vendor licensed by the Department and shall be
checked against the fingerprint records now and hereafter
filed in the Department of State Police and Federal Bureau
of Investigation criminal history records databases. The
Department of State Police shall charge a fee for
conducting the criminal history records check, which shall
be deposited into the State Police Services Fund and shall
not exceed the actual cost of the State and national

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criminal history records check. The Department of State
Police shall furnish, pursuant to positive identification,
all Illinois conviction information and national criminal
history records information to the Department. The
Department may adopt any rules necessary to implement this
paragraph (7).
(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.
(c) The Department may, by rule, establish any additional
requirements for certification under this Section.
(d) A person who is not a registered pharmacy technician
and meets the requirements of this Section may register as a
certified pharmacy technician without first registering as a
pharmacy technician.
(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)".