Illinois Code § 30.1

§ 30.1.

Reporting. (a) When a pharmacist, registered certified pharmacy technician, or a registered pharmacy technician licensed by the Department is terminated for actions which may have threatened patient safety, the pharmacy or pharmacist-in-charge, pursuant to the policies and procedures of the pharmacy at which he or she is employed, shall report the termination to the chief pharmacy coordinator. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Board or by authorized Department staff. Such reports, and any records associated with such reports, are exempt from public disclosure and the Freedom of Information Act. Although the reports are exempt from disclosure, any formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law. A pharmacy shall not take any adverse action, including, but not limited to, disciplining or terminating a pharmacist, registered certified pharmacy technician, or registered pharmacy technician, as a result of an adverse action against the person's license or clinical privileges or other disciplinary action by another state or health care institution that resulted from the pharmacist's, registered certified pharmacy technician's, or registered pharmacy technician's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service, if the adverse action was based solely on a violation of the other state's law prohibiting the provision such health care and related services in the state or for a resident of the state. (b) The report shall be submitted to the chief pharmacy coordinator in a timely fashion. Unless otherwise provided in this Section, the reports shall be filed in writing, on forms provided by the Department, within 60 days after a pharmacy's determination that a report is required under this Act. All reports shall contain only the following information: (1) The name, address, and telephone number of the person making the report. (2) The name, license number, and last known address and telephone number of the person who is the subject of the report. (3) A brief description of the facts which gave rise to the issuance of the report, including dates of occurrence. (c) The contents of any report and any records associated with such report shall be strictly confidential and may only be reviewed by: (1) members of the Board of Pharmacy; (2) the Board of Pharmacy's designated attorney; (3) administrative personnel assigned to open mail containing reports, to process and distribute reports to authorized persons, and to communicate with senders of reports; (4) Department investigators and Department prosecutors; or (5) attorneys from the Office of the Illinois Attorney General representing the Department in litigation in response to specific disciplinary action the Department has taken or initiated against a specific individual pursuant to this Section. (d) Whenever a pharmacy or pharmacist-in-charge makes a report and provides any records associated with that report to the Department, acts in good faith, and not in a willful and wanton manner, the person or entity making the report and the pharmacy or health care institution employing him or her shall not, as a result of such actions, be subject to criminal prosecution or civil damages. (e) The Department may adopt rules to implement the changes made by this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-1117, eff. 1-13-23.) (Text of Section after amendment by P.A. 104-432) (Section scheduled to be repealed on January 1, 2028) Sec. 30.1. Reporting. (a) When a pharmacist, registered certified pharmacy technician, or a registered pharmacy technician licensed by the Department is terminated for actions which may have threatened patient safety, the pharmacy or pharmacist-in-charge, pursuant to the policies and procedures of the pharmacy at which he or she is employed, shall report the termination to the chief pharmacy coordinator. Such reports shall be strictly confidential and may be reviewed and considered only by the members of the Board or by authorized Department staff. Such reports, and any records associated with such reports, are exempt from public disclosure and the Freedom of Information Act. Although the reports are exempt from disclosure, any formal complaint filed against a licensee or registrant by the Department or any order issued by the Department against a licensee, registrant, or applicant shall be a public record, except as otherwise prohibited by law. A pharmacy shall not take any adverse action, including, but not limited to, disciplining or terminating a person authorized to practice under this Act, as a result of an adverse action against the person's license, registration, permit, or clinical privileges or other disciplinary action by another state or health care institution that resulted from the person's provision of, authorization of, recommendation of, aiding or assistance with, referral for, or participation in any health care service, if the adverse action was based solely on a violation of the other state's law prohibiting the provision such health care and related services in the state or for a resident of the state if that health care service would not have been unlawful under the laws of this State and is consistent with the applicable standard of conduct for the person practicing in Illinois under this Act. (b) The report shall be submitted to the chief pharmacy coordinator in a timely fashion. Unless otherwise provided in this Section, the reports shall be filed in writing, on forms provided by the Department, within 60 days after a pharmacy's determination that a report is required under this Act. All reports shall contain only the following information: (1) The name, address, and telephone number of the person making the report. (2) The name, license number, and last known address and telephone number of the person who is the subject of the report. (3) A brief description of the facts which gave rise to the issuance of the report, including dates of occurrence. (c) The contents of any report and any records associated with such report shall be strictly confidential and may only be reviewed by: (1) members of the Board of Pharmacy; (2) the Board of Pharmacy's designated attorney; (3) administrative personnel assigned to open mail containing reports, to process and distribute reports to authorized persons, and to communicate with senders of reports; (4) Department investigators and Department prosecutors; or (5) attorneys from the Office of the Illinois Attorney General representing the Department in litigation in response to specific disciplinary action the Department has taken or initiated against a specific individual pursuant to this Section. (d) Whenever a pharmacy or pharmacist-in-charge makes a report and provides any records associated with that report to the Department, acts in good faith, and not in a willful and wanton manner, the person or entity making the report and the pharmacy or health care institution employing him or her shall not, as a result of such actions, be subject to criminal prosecution or civil damages. (e) The Department may adopt rules to implement, administer, and enforce this Section. (Source: P.A. 104-432, eff. 1-1-26.)