Dated: April 7, 2005

On April 1, 2005, The Department of Financial and Professional Regulation filed an Emergency Rule promulgated pursuant to the Pharmacy Practice Act of 1987 (“Act”), establishing Section 1330.91(j) of the Rules for the Administration of the Act. In response to recent inquiries the Department’s Office of Legal Affairs is issuing the following informal opinion regarding the rule.

While this is an informal advisory opinion of the Department’s Office of Legal Affairs, please be advised that this opinion has been communicated to the Enforcement Section of the Division of Professional Regulation, and constitutes the legal policy of the Department.

(1) Provision of Pharmaceutical Care, including prospective drug utilization review

One inquiry received regards whether the rule conflicts with the responsibilities outlined in the Act, specifically requiring pharmacists to conduct prospective drug utilization review. In the opinion of the Office of Legal Affairs it does not.

The Act defines “pharmaceutical care” as “the act of monitoring drug use and other patient care services intended to achieve outcomes that improve the patient’s quality of life ….” 225 ILCS 85/3(t). Furthermore, the “practice of pharmacy” means “the provision of pharmaceutical care to patients as determined by the pharmacist’s professional judgment,” and specifically includes “prospective drug utilization review.” 225 ILCS 85/3(d). Nothing in the Emergency Rule contradicts or attempts to override these provisions. Indeed, in the event an administrative rule were in conflict with the Act, the Act would take precedence under Illinois law.

Therefore, Section 1330.91(j) does not interfere in any way with a pharmacists’ prospective drug utilization review as a part of the practice of pharmacy authorized under the Act.

(2) Filling prescriptions “without delay”

An inquiry has also been received regarding whether the requirement that a prescription for a contraceptive be filled “without delay” means that a pharmacy must fill a contraceptive prescription before all other prescriptions that are in line to be filled at the pharmacy. In the opinion of the Department’s Office of Legal Affairs Section 1330.91(j) does not impose such a requirement.

The requirement that a contraceptive prescription be filled “without delay” is intended to ensure that a pharmacy fills such a prescription in the regular course. It is the intent of Section 1330.91(j) for contraceptive prescriptions to be filled in the same time frame as any other prescription would be filled.