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I. THE DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

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The Department of Financial and Professional Regulation (DFPR) regulates all professions and occupations in Illinois and has quasi-executive, quasi-legislative, and quasi-judicial powers.1 The Illinois DFPR jointly regulates the practice of pharmacy with the Board of Pharmacy and enforces and administers the Pharmacy Practice Act (the Act), with the assistance of the Board.

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Powers—with Action and Written Report from Board

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  1. Rulemaking: Formulate rules for the administration of the Pharmacy Practice Act.

  2. Discipline: Suspend, revoke, censure, place on probation, reprimand, or refuse to issue or restore any license or certificate for reasons stated in the Act.

  3. Licensing: Issue, renew, restore, or reissue any license which had previously been refused issuance or renewal, revoked, suspended, or placed on probation.

  4. Variances: Grant variances from rules promulgated under the Act where there is a finding (1) that the provision from which a variance is requested is not statutorily mandated, (2) that no party may be injured by granting of the variance, and (3) the rule from which the variance is granted would be unreasonable or unnecessarily burdensome as applied.

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1225 Ill. Comp. Stat. § 85/11

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II. STATE BOARD OF PHARMACY

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The Illinois State Board of Pharmacy (“Board”) is the body responsible for regulating the practice of pharmacy.2 The Board shall exercise the rights, powers, and duties vested under the Act or conferred by law and cannot exceed legislative grant of authority. The Board meets quarterly with an annual meeting in January of each year.

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  1. Powers and Duties of the Board: The Board acts in a mostly advisory capacity to the DFPR. The following powers and duties are identified in the Act and Regulations:

    1. Recommend development and selection of licensure examinations to DFPR.

    2. Evaluate the professional training of reciprocal applicants.

    3. Conduct disciplinary hearings, and report findings of fact, conclusions of law, and recommendations regarding discipline to DFPR.

    4. Swear in witnesses at disciplinary hearings.

    5. Disbursement of funds collected from license renewals, which are set aside within the Illinois State Pharmacy Disciplinary Fund.

    6. Make written recommendations to DFPR, which are required before the director may take any action.

    7. Prepare annual reports of the year’s activities for DFPR and public.

    8. Review ACPE list of accredited pharmacy programs in order to determine whether minimum criteria are met.

    9. Make written recommendations to DFPR concerning restoration of suspended or revoked licenses.

  2. Composition, Qualifications, and Appointment Process: The Board comprises 9 members—7 licensed pharmacists and 2 nonpharmacist public members.

    1. Pharmacist members must be licensed and in good standing, a graduate of an accredited college of pharmacy or hold a BS in Pharmacy, and have at least 5 years of postlicensure experience.

    2. Appointed by Governor, with due consideration given to recommendations by members of the profession and pharmacy professional organizations.

    3. Shall give consideration to individuals in all types and settings of pharmacy practice.

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