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Illinois General Assembly· HB 3489Governor Approved

PHARMACISTS-CONTRACEPTIVES, the official text

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HB3489 Enrolled                       LRB104 09911 AAS 19981 b

1   AN ACT concerning regulation.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Pharmacy Practice Act is amended by

5 changing Sections 3 and 43 as follows:

6   (225 ILCS 85/3)

7   (Section scheduled to be repealed on January 1, 2028)

8   Sec. 3. Definitions. For the purpose of this Act, except

9 where otherwise limited therein:

10  (a) "Pharmacy" or "drugstore" means and includes every

11 store, shop, pharmacy department, or other place where

12 pharmacist care is provided by a pharmacist (1) where drugs,

13 medicines, or poisons are dispensed, sold or offered for sale

14 at retail, or displayed for sale at retail; or (2) where

15 prescriptions of physicians, dentists, advanced practice

16 registered nurses, physician assistants, veterinarians,

17 podiatric physicians, or optometrists, within the limits of

18 their licenses, are compounded, filled, or dispensed; or (3)

19 which has upon it or displayed within it, or affixed to or used

20 in connection with it, a sign bearing the word or words

21 "Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",

22 "Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

23 "Drugs", "Dispensary", "Medicines", or any word or words of
    HB3489 Enrolled  -2-  LRB104 09911 AAS 19981 b

1 similar or like import, either in the English language or any

2 other language; or (4) where the characteristic prescription

3 sign (Rx) or similar design is exhibited; or (5) any store, or

4 shop, or other place with respect to which any of the above

5 words, objects, signs or designs are used in any

6 advertisement.

7   (b) "Drugs" means and includes (1) articles recognized in

8 the official United States Pharmacopoeia/National Formulary

9 (USP/NF), or any supplement thereto and being intended for and

10 having for their main use the diagnosis, cure, mitigation,

11 treatment or prevention of disease in man or other animals, as

12 approved by the United States Food and Drug Administration,

13 but does not include devices or their components, parts, or

14 accessories; and (2) all other articles intended for and

15 having for their main use the diagnosis, cure, mitigation,

16 treatment or prevention of disease in man or other animals, as

17 approved by the United States Food and Drug Administration,

18 but does not include devices or their components, parts, or

19 accessories; and (3) articles (other than food) having for

20 their main use and intended to affect the structure or any

21 function of the body of man or other animals; and (4) articles

22 having for their main use and intended for use as a component

23 or any articles specified in clause (1), (2) or (3); but does

24 not include devices or their components, parts or accessories.

25  (c) "Medicines" means and includes all drugs intended for

26 human or veterinary use approved by the United States Food and
    HB3489 Enrolled     -3-            LRB104 09911 AAS 19981 b

1 Drug Administration.

2   (d) "Practice of pharmacy" means:

3   (1) the interpretation and the provision of assistance

4   in the monitoring, evaluation, and implementation of

5   prescription drug orders;

6   (2) the dispensing of prescription drug orders;

7   (3) participation in drug and device selection;

8   (4) drug administration limited to the administration

9   of oral, topical, injectable, and inhalation as follows:

10  (A) in the context of patient education on the

11  proper use or delivery of medications;

12  (B) vaccination of patients 7 years of age and

13  older pursuant to a valid prescription or standing

14  order, by a physician licensed to practice medicine in

15  all its branches, except for vaccinations covered by

16  paragraph (15), upon completion of appropriate

17  training, including how to address contraindications

18  and adverse reactions set forth by rule, with

19  notification to the patient's physician and

20  appropriate record retention, or pursuant to hospital

21  pharmacy and therapeutics committee policies and

22  procedures. Eligible vaccines are those listed on the

23  U.S. Centers for Disease Control and Prevention (CDC)

24  Recommended Immunization Schedule, the CDC's Health

25  Information for International Travel, or the U.S. Food

26  and Drug Administration's Vaccines Licensed and
    HB3489 Enrolled  -4-             LRB104 09911 AAS 19981 b

1   Authorized for Use in the United States. As applicable

2   to the State's Medicaid program and other payers,

3   vaccines ordered and administered in accordance with

4   this subsection shall be covered and reimbursed at no

5   less than the rate that the vaccine is reimbursed when

6   ordered and administered by a physician;

7   (B-5) (blank);

8   (C)              administration  of  injections  of

9   alpha-hydroxyprogesterone caproate, pursuant to a

10  valid prescription, by a physician licensed to

11  practice medicine in all its branches, upon completion

12  of appropriate training, including how to address

13  contraindications and adverse reactions set forth by

14  rule, with notification to the patient's physician and

15  appropriate record retention, or pursuant to hospital

16  pharmacy and therapeutics committee policies and

17  procedures; and

18  (D) administration of long-acting injectables for

19  mental health or substance use disorders pursuant to a

20  valid prescription by the patient's physician licensed

21  to practice medicine in all its branches, advanced

22  practice registered nurse, or physician assistant upon

23  completion of appropriate training conducted by an

24  Accreditation Council of Pharmaceutical Education

25  accredited provider, including how to address

26  contraindications and adverse reactions set forth by
    HB3489 Enrolled    -5-       LRB104 09911 AAS 19981 b

1   rule, with notification to the patient's physician and

2   appropriate record retention, or pursuant to hospital

3   pharmacy and therapeutics committee policies and

4   procedures;

5   (5) (blank);

6   (6) drug regimen review;

7   (7) drug or drug-related research;

8   (8) the provision of patient counseling;

9   (9) the practice of telepharmacy;

10  (10) the provision of those acts or services necessary

11  to provide pharmacist care;

12  (11) medication therapy management;

13  (12) the responsibility for compounding and labeling

14  of drugs and devices (except labeling by a manufacturer,

15  repackager, or distributor of non-prescription drugs and

16  commercially packaged legend drugs and devices), proper

17  and safe storage of drugs and devices, and maintenance of

18  required records;

19  (13) the assessment and consultation of patients and

20  dispensing of hormonal contraceptives, including emergency

21  contraception;

22  (14) the initiation, dispensing, or administration of

23  drugs, laboratory tests, assessments, referrals, and

24  consultations for human immunodeficiency virus

25  pre-exposure prophylaxis and human immunodeficiency virus

26  post-exposure prophylaxis under Section 43.5;
    HB3489 Enrolled  -6-       LRB104 09911 AAS 19981 b

1   (15) vaccination of patients 7 years of age and older

2   for COVID-19 or influenza subcutaneously, intramuscularly,

3   or orally as authorized, approved, or licensed by the

4   United States Food and Drug Administration, pursuant to

5   the following conditions:

6   (A) the vaccine must be authorized or licensed by

7   the United States Food and Drug Administration;

8   (B) the vaccine must be ordered and administered

9   according to the Advisory Committee on Immunization

10  Practices standard immunization schedule;

11  (C) the pharmacist must complete a course of

12  training accredited by the Accreditation Council on

13  Pharmacy Education or a similar health authority or

14  professional body approved by the Division of

15  Professional Regulation;

16  (D) the pharmacist must have a current certificate

17  in basic cardiopulmonary resuscitation;

18  (E) the pharmacist must complete, during each

19  State licensing period, a minimum of 2 hours of

20  immunization-related continuing pharmacy education

21  approved by the Accreditation Council on Pharmacy

22  Education;

23  (F) the pharmacist must comply with recordkeeping

24  and reporting requirements of the jurisdiction in

25  which the pharmacist administers vaccines, including

26  informing the patient's primary-care provider, when
    HB3489 Enrolled  -7-            LRB104 09911 AAS 19981 b

1   available, and complying with requirements whereby the

2   person administering a vaccine must review the vaccine

3   registry or other vaccination records prior to

4   administering the vaccine; and

5   (G) the pharmacist must inform the pharmacist's

6   patients who are less than 18 years old, as well as the

7   adult caregiver accompanying the child, of the

8   importance of a well-child visit with a pediatrician

9   or other licensed primary-care provider and must refer

10  patients as appropriate;

11  (16) the ordering and administration of COVID-19

12  therapeutics subcutaneously, intramuscularly, or orally

13  with notification to the patient's physician and

14  appropriate record retention or pursuant to hospital

15  pharmacy and therapeutics committee policies and

16  procedures. Eligible therapeutics are those approved,

17  authorized, or licensed by the United States Food and Drug

18  Administration and must be administered subcutaneously,

19  intramuscularly, or orally in accordance with that

20  approval, authorization, or licensing; and

21  (17) the ordering and administration of point of care

22  tests, screenings, and treatments for (i) influenza, (ii)

23  SARS-CoV-2, (iii) Group A Streptococcus, (iv) respiratory

24  syncytial virus, (v) adult-stage head louse, and (vi)

25  health conditions identified by a statewide public health

26  emergency, as defined in the Illinois Emergency Management
    HB3489 Enrolled  -8-            LRB104 09911 AAS 19981 b

1   Agency Act, with notification to the patient's physician,

2   if any, and appropriate record retention or pursuant to

3   hospital pharmacy and therapeutics committee policies and

4   procedures. Eligible tests and screenings are those

5   approved, authorized, or licensed by the United States

6   Food and Drug Administration and must be administered in

7   accordance with that approval, authorization, or

8   licensing.

9   A pharmacist who orders or administers tests or

10  screenings for health conditions described in this

11  paragraph may use a test that may guide clinical

12  decision-making for the health condition that is waived

13  under the federal Clinical Laboratory Improvement

14  Amendments of 1988 and regulations promulgated thereunder

15  or any established screening procedure that is established

16  under a statewide protocol.

17  A pharmacist may delegate the administrative and

18  technical tasks of performing a test for the health

19  conditions described in this paragraph to a registered

20  pharmacy technician or student pharmacist acting under the

21  supervision of the pharmacist.

22  The testing, screening, and treatment ordered under

23  this paragraph by a pharmacist shall not be denied

24  reimbursement under health benefit plans that are within

25  the scope of the pharmacist's license and shall be covered

26  as if the services or procedures were performed by a
    HB3489 Enrolled       -9-       LRB104 09911 AAS 19981 b

1   physician, an advanced practice registered nurse, or a

2   physician assistant.

3   A pharmacy benefit manager, health carrier, health

4   benefit plan, or third-party payor shall not discriminate

5   against a pharmacy or a pharmacist with respect to

6   participation referral, reimbursement of a covered

7   service, or indemnification if a pharmacist is acting

8   within the scope of the pharmacist's license and the

9   pharmacy is operating in compliance with all applicable

10  laws and rules.

11  A pharmacist who performs any of the acts defined as the

12 practice of pharmacy in this State must be actively licensed

13 as a pharmacist under this Act.

14  (e) "Prescription" means and includes any written, oral,

15 facsimile, or electronically transmitted order for drugs or

16 medical devices, issued by a physician licensed to practice

17 medicine in all its branches, dentist, veterinarian, podiatric

18 physician, or optometrist, within the limits of his or her

19 license, by a physician assistant in accordance with

20 subsection (f) of Section 4, or by an advanced practice

21 registered nurse in accordance with subsection (g) of Section

22 4, containing the following: (1) name of the patient; (2) date

23 when prescription was issued; (3) name and strength of drug or

24 description of the medical device prescribed; and (4)

25 quantity; (5) directions for use; (6) prescriber's name,

26 address, and signature; and (7) DEA registration number where
    HB3489 Enrolled          - 10 - LRB104 09911 AAS 19981 b

1 required, for controlled substances. The prescription may, but

2 is not required to, list the illness, disease, or condition

3 for which the drug or device is being prescribed. DEA

4 registration numbers shall not be required on inpatient drug

5 orders. A prescription for medication other than controlled

6 substances shall be valid for up to 15 months from the date

7 issued for the purpose of refills, unless the prescription

8 states otherwise.

9   (f) "Person" means and includes a natural person,

10 partnership, association, corporation, government entity, or

11 any other legal entity.

12  (g) "Department" means the Department of Financial and

13 Professional Regulation.

14  (h) "Board of Pharmacy" or "Board" means the State Board

15 of Pharmacy of the Department of Financial and Professional

16 Regulation.

17  (i) "Secretary" means the Secretary of Financial and

18 Professional Regulation.

19  (j) "Drug product selection" means the interchange for a

20 prescribed pharmaceutical product in accordance with Section

21 25 of this Act and Section 3.14 of the Illinois Food, Drug and

22 Cosmetic Act.

23  (k) "Inpatient drug order" means an order issued by an

24 authorized prescriber for a resident or patient of a facility

25 licensed under the Nursing Home Care Act, the ID/DD Community

26 Care Act, the MC/DD Act, the Specialized Mental Health
    HB3489 Enrolled       - 11 - LRB104 09911 AAS 19981 b

1 Rehabilitation Act of 2013, the Hospital Licensing Act, or the

2 University of Illinois Hospital Act, or a facility which is

3 operated by the Department of Human Services (as successor to

4 the Department of Mental Health and Developmental

5 Disabilities) or the Department of Corrections.

6   (k-5) "Pharmacist" means an individual health care

7 professional and provider currently licensed by this State to

8 engage in the practice of pharmacy.

9   (l) "Pharmacist in charge" means the licensed pharmacist

10 whose name appears on a pharmacy license and who is

11 responsible for all aspects of the operation related to the

12 practice of pharmacy.

13  (m) "Dispense" or "dispensing" means the interpretation,

14 evaluation, and implementation of a prescription drug order,

15 including the preparation and delivery of a drug or device to a

16 patient or patient's agent in a suitable container

17 appropriately labeled for subsequent administration to or use

18 by a patient in accordance with applicable State and federal

19 laws and regulations. "Dispense" or "dispensing" does not mean

20 the physical delivery to a patient or a patient's

21 representative in a home or institution by a designee of a

22 pharmacist or by common carrier. "Dispense" or "dispensing"

23 also does not mean the physical delivery of a drug or medical

24 device to a patient or patient's representative by a

25 pharmacist's designee within a pharmacy or drugstore while the

26 pharmacist is on duty and the pharmacy is open.
    HB3489 Enrolled         - 12 - LRB104 09911 AAS 19981 b

1   (n) "Nonresident pharmacy" means a pharmacy that is

2 located in a state, commonwealth, or territory of the United

3 States, other than Illinois, that delivers, dispenses, or

4 distributes, through the United States Postal Service,

5 commercially acceptable parcel delivery service, or other

6 common carrier, to Illinois residents, any substance which

7 requires a prescription.

8   (o) "Compounding" means the preparation and mixing of

9 components, excluding flavorings, (1) as the result of a

10 prescriber's prescription drug order or initiative based on

11 the prescriber-patient-pharmacist relationship in the course

12 of professional practice or (2) for the purpose of, or

13 incident to, research, teaching, or chemical analysis and not

14 for sale or dispensing. "Compounding" includes the preparation

15 of drugs or devices in anticipation of receiving prescription

16 drug orders based on routine, regularly observed dispensing

17 patterns. Commercially available products may be compounded

18 for dispensing to individual patients only if all of the

19 following conditions are met: (i) the commercial product is

20 not reasonably available from normal distribution channels in

21 a timely manner to meet the patient's needs and (ii) the

22 prescribing practitioner has requested that the drug be

23 compounded.

24  (p) (Blank).

25  (q) (Blank).

26  (r) "Patient counseling" means the communication between a
    HB3489 Enrolled  - 13 - LRB104 09911 AAS 19981 b

1 pharmacist or a student pharmacist under the supervision of a

2 pharmacist and a patient or the patient's representative about

3 the patient's medication or device for the purpose of

4 optimizing proper use of prescription medications or devices.

5 "Patient counseling" may include without limitation (1)

6 obtaining a medication history; (2) acquiring a patient's

7 allergies and health conditions; (3) facilitation of the

8 patient's understanding of the intended use of the medication;

9 (4) proper directions for use; (5) significant potential

10 adverse events; (6) potential food-drug interactions; and (7)

11 the need to be compliant with the medication therapy. A

12 pharmacy technician may only participate in the following

13 aspects of patient counseling under the supervision of a

14 pharmacist: (1) obtaining medication history; (2) providing

15 the offer for counseling by a pharmacist or student

16 pharmacist; and (3) acquiring a patient's allergies and health

17 conditions.

18  (s) "Patient profiles" or "patient drug therapy record"

19 means the obtaining, recording, and maintenance of patient

20 prescription information, including prescriptions for

21 controlled substances, and personal information.

22  (t) (Blank).

23  (u) "Medical device" or "device" means an instrument,

24 apparatus, implement, machine, contrivance, implant, in vitro

25 reagent, or other similar or related article, including any

26 component part or accessory, required under federal law to
    HB3489 Enrolled  - 14 - LRB104 09911 AAS 19981 b

1 bear the label "Caution: Federal law requires dispensing by or

2 on the order of a physician". A seller of goods and services

3 who, only for the purpose of retail sales, compounds, sells,

4 rents, or leases medical devices shall not, by reasons

5 thereof, be required to be a licensed pharmacy.

6   (v) "Unique identifier" means an electronic signature,

7 handwritten signature or initials, thumbprint thumb print, or

8 other acceptable biometric or electronic identification

9 process as approved by the Department.

10  (w) "Current usual and customary retail price" means the

11 price that a pharmacy charges to a non-third-party payor.

12  (x) "Automated pharmacy system" means a mechanical system

13 located within the confines of the pharmacy or remote location

14 that performs operations or activities, other than compounding

15 or administration, relative to storage, packaging, dispensing,

16 or distribution of medication, and which collects, controls,

17 and maintains all transaction information.

18  (y) "Drug regimen review" means and includes the

19 evaluation of prescription drug orders and patient records for

20 (1) known allergies; (2) drug or potential therapy

21 contraindications; (3) reasonable dose, duration of use, and

22 route of administration, taking into consideration factors

23 such as age, gender, and contraindications; (4) reasonable

24 directions for use; (5) potential or actual adverse drug

25 reactions; (6) drug-drug interactions; (7) drug-food

26 interactions; (8) drug-disease contraindications; (9)
    HB3489 Enrolled           - 15 - LRB104 09911 AAS 19981 b

1 therapeutic duplication; (10) patient laboratory values when

2 authorized and available; (11) proper utilization (including

3 over or under utilization) and optimum therapeutic outcomes;

4 and (12) abuse and misuse.

5   (z) "Electronically transmitted prescription" means a

6 prescription that is created, recorded, or stored by

7 electronic means; issued and validated with an electronic

8 signature; and transmitted by electronic means directly from

9 the prescriber to a pharmacy. An electronic prescription is

10 not an image of a physical prescription that is transferred by

11 electronic means from computer to computer, facsimile to

12 facsimile, or facsimile to computer.

13  (aa) "Medication therapy management services" means a

14 distinct service or group of services offered by licensed

15 pharmacists, physicians licensed to practice medicine in all

16 its branches, advanced practice registered nurses authorized

17 in a written agreement with a physician licensed to practice

18 medicine in all its branches, or physician assistants

19 authorized in guidelines by a supervising physician that

20 optimize therapeutic outcomes for individual patients through

21 improved medication use. In a retail or other non-hospital

22 pharmacy, medication therapy management services shall consist

23 of the evaluation of prescription drug orders and patient

24 medication records to resolve conflicts with the following:

25  (1) known allergies;

26  (2) drug or potential therapy contraindications;
    HB3489 Enrolled       - 16 - LRB104 09911 AAS 19981 b

1   (3) reasonable dose, duration of use, and route of

2   administration, taking into consideration factors such as

3   age, gender, and contraindications;

4   (4) reasonable directions for use;

5   (5) potential or actual adverse drug reactions;

6   (6) drug-drug interactions;

7   (7) drug-food interactions;

8   (8) drug-disease contraindications;

9   (9) identification of therapeutic duplication;

10  (10) patient laboratory values when authorized and

11  available;

12  (11) proper utilization (including over or under

13  utilization) and optimum therapeutic outcomes; and

14  (12) drug abuse and misuse.

15  "Medication therapy management services" includes the

16 following:

17  (1) documenting the services delivered and

18  communicating the information provided to patients'

19  prescribers within an appropriate time frame, not to

20  exceed 48 hours;

21  (2) providing patient counseling designed to enhance a

22  patient's understanding and the appropriate use of his or

23  her medications; and

24  (3) providing information, support services, and

25  resources designed to enhance a patient's adherence with

26  his or her prescribed therapeutic regimens.
    HB3489 Enrolled         - 17 - LRB104 09911 AAS 19981 b

1   "Medication therapy management services" may also include

2 patient care functions authorized by a physician licensed to

3 practice medicine in all its branches for his or her

4 identified patient or groups of patients under specified

5 conditions or limitations in a standing order from the

6 physician.

7   "Medication therapy management services" in a licensed

8 hospital may also include the following:

9   (1) reviewing assessments of the patient's health

10  status; and

11  (2) following protocols of a hospital pharmacy and

12  therapeutics committee with respect to the fulfillment of

13  medication orders.

14  (bb) "Pharmacist care" means the provision by a pharmacist

15 of medication therapy management services, with or without the

16 dispensing of drugs or devices, intended to achieve outcomes

17 that improve patient health, quality of life, and comfort and

18 enhance patient safety.

19  (cc) "Protected health information" means individually

20 identifiable health information that, except as otherwise

21 provided, is:

22  (1) transmitted by electronic media;

23  (2) maintained in any medium set forth in the

24  definition of "electronic media" in the federal Health

25  Insurance Portability and Accountability Act; or

26  (3) transmitted or maintained in any other form or
    HB3489 Enrolled             - 18 - LRB104 09911 AAS 19981 b

1   medium.

2   "Protected health information" does not include

3 individually identifiable health information found in:

4   (1) education records covered by the federal Family

5   Educational Right and Privacy Act; or

6   (2) employment records held by a licensee in its role

7   as an employer.

8   (dd) "Standing order" means a specific order for a patient

9 or group of patients issued by a physician licensed to

10 practice medicine in all its branches in Illinois.

11  (ee) "Address of record" means the designated address

12 recorded by the Department in the applicant's application file

13 or licensee's license file maintained by the Department's

14 licensure maintenance unit.

15  (ff) "Home pharmacy" means the location of a pharmacy's

16 primary operations.

17  (gg) "Email address of record" means the designated email

18 address recorded by the Department in the applicant's

19 application file or the licensee's license file, as maintained

20 by the Department's licensure maintenance unit.

21 (Source: P.A. 102-16, eff. 6-17-21; 102-103, eff. 1-1-22;

22 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1051, eff.

23 1-1-23; 103-1, eff. 4-27-23; 103-593, eff. 6-7-24; 103-612,

24 eff. 1-1-25; revised 11-26-24.)

25  (225 ILCS 85/43)
    HB3489 Enrolled           - 19 - LRB104 09911 AAS 19981 b

1   (Section scheduled to be repealed on January 1, 2028)

2   Sec. 43. Dispensation of hormonal contraceptives,

3 including emergency contraception.

4   (a) The dispensing of hormonal contraceptives, including

5 emergency contraception, to a patient shall be pursuant to a

6 valid prescription, or pursuant to a standing order by a

7 physician licensed to practice medicine in all its branches, a

8 standing order by the medical director of a local health

9 department, or a standing order by the Department of Public

10 Health pursuant to the following:

11  (1) a pharmacist may dispense no more than a 12-month

12  supply of hormonal contraceptives, including emergency

13  contraception, to a patient;

14  (2) a pharmacist must complete an educational training

15  program accredited by the Accreditation Council for

16  Pharmacy Education and approved by the Department that is

17  related to the patient self-screening risk assessment,

18  patient assessment contraceptive counseling and education,

19  and dispensation of hormonal contraceptives, including

20  emergency contraception;

21  (3) a pharmacist shall have the patient complete the

22  self-screening risk assessment tool; the self-screening

23  risk assessment tool is to be based on the most current

24  version of the United States Medical Eligibility Criteria

25  for Contraceptive Use published by the federal Centers for

26  Disease Control and Prevention;
    HB3489 Enrolled       - 20 - LRB104 09911 AAS 19981 b

1   (4) based upon the results of the self-screening risk

2   assessment and the patient assessment, the pharmacist

3   shall use his or her professional and clinical judgment as

4   to when a patient should be referred to the patient's

5   physician or another health care provider;

6   (5) a pharmacist shall provide, during the patient

7   assessment and consultation, counseling and education

8   about all methods of contraception, including methods not

9   covered under the standing order, and their proper use and

10  effectiveness;

11  (6) the patient consultation shall take place in a

12  private manner; and

13  (7) a pharmacist and pharmacy must maintain

14  appropriate records.

15  (b) The Department may adopt rules to implement this

16 Section.

17  (c) Nothing in this Section shall be interpreted to

18 require a pharmacist to dispense hormonal contraception,

19 including emergency contraception, under a standing order

20 issued by a physician licensed to practice medicine in all its

21 branches or the medical director of a local health department.

22  (d) Notwithstanding any other provision of the law to the

23 contrary, a pharmacist may dispense hormonal contraceptives,

24 including emergency contraception, in conformance with

25 standing orders issued pursuant to this Section without prior

26 establishment of a relationship between the pharmacist and the
    HB3489 Enrolled          - 21 - LRB104 09911 AAS 19981 b

1 person receiving hormonal contraception.

2   (e) No employee of the Department of Public Health issuing

3 a standing order pursuant to this Section shall, as a result of

4 the employee's acts or omissions in issuing the standing order

5 pursuant to this Section, be subject to (i) any disciplinary

6 or other adverse action under the Medical Practice Act of

7 1987, (ii) any civil liability, or (iii) any criminal

8 liability.

9 (Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;

10 102-1117, eff. 1-13-23.)

11  Section 10. The Illinois Public Aid Code is amended by

12 changing Section 5-5.12d as follows:

13  (305 ILCS 5/5-5.12d)

14  Sec. 5-5.12d. Coverage for patient care services for

15 hormonal contraceptives, human immunodeficiency virus

16 pre-exposure prophylaxis, and human immunodeficiency virus

17 post-exposure prophylaxis provided by a pharmacist.

18  (a) Subject to approval by the federal Centers for

19 Medicare and Medicaid Services, the medical assistance

20 program, including both the fee-for-service and managed care

21 medical assistance programs established under this Article,

22 shall cover patient care services provided by a pharmacist for

23 hormonal contraceptives, including emergency contraception,

24 human immunodeficiency virus pre-exposure prophylaxis, and
    HB3489 Enrolled             - 22 - LRB104 09911 AAS 19981 b

1 human immunodeficiency virus post-exposure prophylaxis

2 assessment and consultation.

3   (b) The Department shall establish a fee schedule for

4 patient care services provided by a pharmacist under Sections

5 43 and 43.5 of the Pharmacy Practice Act and shall be covered

6 and reimbursed at no less than 85% of the rate that the

7 services are reimbursed when provided by a physician.

8   (c) The rate of reimbursement for patient care services

9 provided by a pharmacist for hormonal contraceptives,

10 including emergency contraception, human immunodeficiency

11 virus pre-exposure prophylaxis, and human immunodeficiency

12 virus post-exposure prophylaxis assessment and consultation

13 shall be at 85% of the fee schedule for physician services by

14 the medical assistance program.

15  (d) A pharmacist must be enrolled in the medical

16 assistance program as an ordering and referring provider prior

17 to providing patient care services for hormonal

18 contraceptives, including emergency contraception, human

19 immunodeficiency virus pre-exposure prophylaxis, and human

20 immunodeficiency virus post-exposure prophylaxis assessment

21 and consultation that is submitted by a pharmacy or pharmacist

22 provider for reimbursement pursuant to this Section.

23  (e) The Department shall apply for any necessary federal

24 waivers or approvals to implement this Section by January 1,

25 2023.

26  (f) This Section does not restrict or prohibit any
   HB3489 Enrolled          - 23 - LRB104 09911 AAS 19981 b

1 services currently provided by pharmacists as authorized by

2 law, including, but not limited to, pharmacist services

3 provided under this Code or authorized under the Illinois

4 Title XIX State Plan.

5  (g) The Department shall submit to the Joint Committee on

6 Administrative Rules administrative rules for this Section as

7 soon as practicable but no later than 6 months after federal

8 approval is received.

9 (Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;

10 102-1051, eff. 1-1-23.)
Every fact on this page links to its source, starting with the official bill record.