Bill Text: IL SB2104 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2020 to January 1, 2023. Amends the Pharmacy Practice Act. Extends the repeal date of provisions concerning the Collaborative Pharmaceutical Task Force from November 1, 2020 to November 1, 2021. Adds members to the Task Force and requires the Task Force to vote on additional recommendations on October 1, 2020. Requires the Department of Financial and Professional Regulation, in direct consultation with the Task Force, to propose rules for adoption. Deletes language providing that a registered pharmacy technician may assist in the practice of pharmacy and perform specified functions. Provides, with exceptions, that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task. Makes changes to the training requirements of pharmacy technicians. Provides requirements for working conditions for pharmacies. Requires a patient or patient's agent to enroll a prescription in an auto-refill program before the prescription may be included in an auto-refill program with a refill on file. Beginning January 1, 2021, requires a pharmacy using specified standards for receiving electronic prescriptions to enable, activate, and maintain the ability to receive transmissions and to transmit cancellations for electronic prescriptions. Requires a pharmacy to respond to a cancellation transmission of a prescription. Requires the Department to adopt rules implementing the provisions to ensure that discontinued medications are not dispensed, whether prescribed through an electronic or paper prescription. Provides that a waiver for continuing pharmacy education requirements may be granted for not more than one of any 2 (rather than 3) consecutive renewal periods. Provides that all pharmacies shall maintain an up-to-date training program policies and procedures manual (rather than an up-to-date training program). Provides for additional violations that the Department may enforce with disciplinary action. Repeals provisions regarding references to the Director or Department of Professional Regulation, rosters, and disciplinary consent orders. Makes other changes. Effective immediately, except that the changes to the Pharmacy Practice Act take effect January 1, 2020.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0621 [SB2104 Detail]
Download: Illinois-2019-SB2104-Introduced.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2020 to January 1, 2023. Amends the Pharmacy Practice Act. Extends the repeal date of provisions concerning the Collaborative Pharmaceutical Task Force from November 1, 2020 to November 1, 2021. Adds members to the Task Force and requires the Task Force to vote on additional recommendations on October 1, 2020. Requires the Department of Financial and Professional Regulation, in direct consultation with the Task Force, to propose rules for adoption. Deletes language providing that a registered pharmacy technician may assist in the practice of pharmacy and perform specified functions. Provides, with exceptions, that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task. Makes changes to the training requirements of pharmacy technicians. Provides requirements for working conditions for pharmacies. Requires a patient or patient's agent to enroll a prescription in an auto-refill program before the prescription may be included in an auto-refill program with a refill on file. Beginning January 1, 2021, requires a pharmacy using specified standards for receiving electronic prescriptions to enable, activate, and maintain the ability to receive transmissions and to transmit cancellations for electronic prescriptions. Requires a pharmacy to respond to a cancellation transmission of a prescription. Requires the Department to adopt rules implementing the provisions to ensure that discontinued medications are not dispensed, whether prescribed through an electronic or paper prescription. Provides that a waiver for continuing pharmacy education requirements may be granted for not more than one of any 2 (rather than 3) consecutive renewal periods. Provides that all pharmacies shall maintain an up-to-date training program policies and procedures manual (rather than an up-to-date training program). Provides for additional violations that the Department may enforce with disciplinary action. Repeals provisions regarding references to the Director or Department of Professional Regulation, rosters, and disciplinary consent orders. Makes other changes. Effective immediately, except that the changes to the Pharmacy Practice Act take effect January 1, 2020.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0621 [SB2104 Detail]
Download: Illinois-2019-SB2104-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Insurance Code is amended by | |||||||||||||||||||||||||
5 | changing Section 155.29 as follows:
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6 | (215 ILCS 5/155.29) (from Ch. 73, par. 767.29)
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7 | Sec. 155.29. (a) Purpose. The purpose of this Section
is to | |||||||||||||||||||||||||
8 | regulate the use of
aftermarket crash parts by requiring | |||||||||||||||||||||||||
9 | disclosure when any use of
an aftermarket non-original | |||||||||||||||||||||||||
10 | equipment manufacturer's crash part is proposed and by
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11 | requiring that the manufacturers of such aftermarket crash | |||||||||||||||||||||||||
12 | parts be identified.
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13 | (b) Definitions. As used in this Section the following | |||||||||||||||||||||||||
14 | terms have
the following meanings:
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15 | "Aftermarket crash part" means a replacement for any of the | |||||||||||||||||||||||||
16 | nonmechanical
sheet metal or plastic parts that generally | |||||||||||||||||||||||||
17 | constitute the exterior of a
motor vehicle, including inner and | |||||||||||||||||||||||||
18 | outer panels.
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19 | "Non-original equipment manufacturer (Non-OEM) aftermarket | |||||||||||||||||||||||||
20 | crash part"
means an aftermarket crash part not made for or by | |||||||||||||||||||||||||
21 | the manufacturer of the motor vehicle.
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22 | "Repair facility" means any motor vehicle dealer, garage, | |||||||||||||||||||||||||
23 | body shop, or
other commercial entity that undertakes the |
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1 | repair or replacement of those
parts that generally constitute | ||||||
2 | the exterior of a motor vehicle.
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3 | "Installer" means an individual who actually does the work | ||||||
4 | of replacing
or repairing parts of a motor vehicle.
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5 | (c) Identification. Any aftermarket crash part supplied by | ||||||
6 | a
non-original equipment manufacturer for use in this State | ||||||
7 | after the
effective date of this Act shall have affixed thereto | ||||||
8 | or inscribed thereon
the logo or name of its
manufacturer. The | ||||||
9 | manufacturer's logo or name shall be visible after
installation | ||||||
10 | whenever practicable.
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11 | (d) Disclosure. No insurer shall specify the use of non-OEM
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12 | aftermarket crash parts in the repair of an insured's motor | ||||||
13 | vehicle, nor
shall any repair facility or installer use non-OEM | ||||||
14 | aftermarket crash parts
to repair a vehicle unless the customer | ||||||
15 | is advised of that fact in
writing. In all instances where an | ||||||
16 | insurer intends that non-OEM
aftermarket crash parts be used in | ||||||
17 | the repair of a motor vehicle, the
insurer shall provide the | ||||||
18 | customer with the following information:
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19 | (1) a written estimate that clearly identifies each | ||||||
20 | non-OEM aftermarket crash part; and
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21 | (2) a disclosure settlement incorporated into or | ||||||
22 | attached to the
estimate that reads as follows: "This | ||||||
23 | estimate has been prepared based on
the use of crash parts | ||||||
24 | supplied by a source other than the manufacturer of
your | ||||||
25 | motor vehicle. Warranties applicable to these replacement | ||||||
26 | parts are
provided by the manufacturer or distributor of |
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1 | these parts rather than the
manufacturer of your vehicle."
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2 | (e) Procedures. No repair facility or installer may use | ||||||
3 | repair specifications or procedures that are not in compliance | ||||||
4 | with the original equipment manufacturer for those parts. | ||||||
5 | (Source: P.A. 86-1234; 86-1475.)
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6 | Section 10. The Automotive Collision Repair Act is amended | ||||||
7 | by changing Section 15 as follows:
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8 | (815 ILCS 308/15)
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9 | Sec. 15. Disclosure to consumers; estimates.
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10 | (a) No work for compensation that exceeds $100 shall be | ||||||
11 | commenced without
specific
authorization from the consumer | ||||||
12 | after the disclosure set forth in this Section.
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13 | (b) Every motor vehicle collision repair facility shall | ||||||
14 | either (i) give to
each
consumer a written
estimated price for | ||||||
15 | labor and parts for a specific repair and shall not charge
for | ||||||
16 | work done or parts
supplied in an amount that exceeds the | ||||||
17 | estimate by more than 10% without oral
or written consent
from | ||||||
18 | the consumer; or (ii) give to each consumer a written price | ||||||
19 | limit for each
specific repair and
shall not exceed that limit | ||||||
20 | without oral or written consent of the consumer.
The estimate | ||||||
21 | shall
include the total costs to repair the motor vehicle.
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22 | Estimates shall include all charges to be paid by the | ||||||
23 | consumer to complete
the repair,
including any charges for | ||||||
24 | estimates, diagnostics, storage, and administrative
fees.
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1 | (c) Motor vehicle collision repair facilities shall | ||||||
2 | describe in the
estimate the major
parts needed to
effectuate | ||||||
3 | the repair and shall designate the parts as either new parts, | ||||||
4 | used
parts, rebuilt or
reconditioned parts, or aftermarket | ||||||
5 | parts
as set forth in Section 10 of
this Act.
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6 | (d) Estimates shall indicate that the collision repair | ||||||
7 | facility may use a
combination of
industry standard flat rate | ||||||
8 | (time) manuals, actual time, or condition of the
motor vehicle | ||||||
9 | to determine
labor costs. This disclosure mandate may also be | ||||||
10 | fulfilled by means of a sign
that provides the
same information | ||||||
11 | to the consumer. The sign shall be posted at a location that
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12 | can be easily viewed
by the consumer.
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13 | (e) If it is necessary to disassemble or partially | ||||||
14 | disassemble a motor
vehicle or motor
vehicle component
in order | ||||||
15 | to provide the consumer a written estimate for required | ||||||
16 | repairs, the
estimate shall show the
cost of any disassembly if | ||||||
17 | the consumer elects not to
proceed with the
repair of the motor | ||||||
18 | vehicle.
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19 | (f) The estimate shall include the date the estimate was | ||||||
20 | prepared or the
date the motor vehicle was
presented to the | ||||||
21 | collision repair facility for repair and the odometer reading
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22 | on the motor vehicle at the
time the motor vehicle was left | ||||||
23 | with the collision repair facility.
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24 | (g) No estimate may include the use of a non-original | ||||||
25 | equipment manufacturer aftermarket crash parts unless | ||||||
26 | authorized by the customer in writing. |
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1 | (h) The estimate shall include the use of repair | ||||||
2 | specifications by the original equipment manufacturer for | ||||||
3 | those parts, and no repair facility or installer may use repair | ||||||
4 | specifications or procedures that are not in compliance with | ||||||
5 | the original equipment manufacturer for those parts. | ||||||
6 | (Source: P.A. 93-565, eff. 1-1-04.)
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7 | Section 15. The Consumer Fraud and Deceptive Business | ||||||
8 | Practices Act is amended by changing Sections 2M and 2Z as | ||||||
9 | follows:
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10 | (815 ILCS 505/2M) (from Ch. 121 1/2, par. 262M)
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11 | Sec. 2M.
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12 | No person engaged in the business of performing services on | ||||||
13 | merchandise
shall advertise such services as factory | ||||||
14 | authorized services unless such
services are performed by | ||||||
15 | factory authorized personnel , or in the case of repairs subject | ||||||
16 | to the Illinois Automotive Collision Repair Act, performed | ||||||
17 | pursuant to original equipment manufacturer specifications . | ||||||
18 | Any person so
advertising shall, upon request, supply proof of | ||||||
19 | such authorization through
manufacturer certification. Any | ||||||
20 | person who violates this Section commits an
unlawful practice | ||||||
21 | within the meaning of this Act, and in addition to relief
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22 | available under Section 7 of this Act, may be prosecuted for | ||||||
23 | the commission
of a Class C misdemeanor.
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24 | (Source: P.A. 78-589.)
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1 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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2 | Sec. 2Z. Violations of other Acts. Any person who knowingly | ||||||
3 | violates
the Automotive Repair Act, the Automotive Collision | ||||||
4 | Repair Act, Section 155.29 of the Illinois Insurance Code,
the | ||||||
5 | Home Repair and Remodeling Act,
the Dance Studio Act,
the | ||||||
6 | Physical Fitness Services Act,
the Hearing Instrument Consumer | ||||||
7 | Protection Act,
the Illinois Union Label Act, the Installment | ||||||
8 | Sales Contract Act,
the Job Referral and Job Listing Services | ||||||
9 | Consumer Protection Act,
the Travel Promotion Consumer | ||||||
10 | Protection Act,
the Credit Services Organizations Act,
the | ||||||
11 | Automatic Telephone Dialers Act,
the Pay-Per-Call Services | ||||||
12 | Consumer Protection Act,
the Telephone Solicitations Act,
the | ||||||
13 | Illinois Funeral or Burial Funds Act,
the Cemetery Oversight | ||||||
14 | Act, the Cemetery Care Act,
the Safe and Hygienic Bed Act,
the | ||||||
15 | Illinois Pre-Need Cemetery Sales Act,
the High Risk Home Loan | ||||||
16 | Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, | ||||||
17 | subsection (a) or (b) of Section 3-10 of the
Cigarette Tax Act, | ||||||
18 | subsection
(a) or (b) of Section 3-10 of the Cigarette Use Tax | ||||||
19 | Act, the Electronic
Mail Act, the Internet Caller | ||||||
20 | Identification Act, paragraph (6)
of
subsection (k) of Section | ||||||
21 | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, | ||||||
22 | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | ||||||
23 | Vehicle Code, Article 3 of the Residential Real Property | ||||||
24 | Disclosure Act, the Automatic Contract Renewal Act, the Reverse | ||||||
25 | Mortgage Act, Section 25 of the Youth Mental Health Protection |
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1 | Act, the Personal Information Protection Act, or the Student | ||||||
2 | Online Personal Protection Act commits an unlawful practice | ||||||
3 | within the meaning of this Act.
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4 | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | ||||||
5 | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | ||||||
6 | 100-863, eff. 8-14-18.)
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