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91_HB0756
LRB9103857ACtm
1 AN ACT regarding pharmaceuticals.
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 of 1987 is amended
5 by changing Section 25 as follows:
6 (225 ILCS 85/25) (from Ch. 111, par. 4145)
7 Sec. 25. No person shall compound, or sell or offer for
8 sale, or cause to be compounded, sold or offered for sale any
9 medicine or preparation under or by a name recognized in the
10 United States Pharmacopoeia National Formulary, for internal
11 or external use, which differs from the standard of strength,
12 quality or purity as determined by the test laid down in the
13 United States Pharmacopoeia National Formulary official at
14 the time of such compounding, sale or offering for sale. Nor
15 shall any person compound, sell or offer for sale, or cause
16 to be compounded, sold, or offered for sale, any drug,
17 medicine, poison, chemical or pharmaceutical preparation, the
18 strength or purity of which shall fall below the professed
19 standard of strength or purity under which it is sold. If
20 the physician or other authorized prescriber, when
21 transmitting an oral or written prescription, does not
22 prohibit drug product selection, a different brand name or
23 nonbrand name drug product of the same generic name may be
24 dispensed by the pharmacist, provided that such selected drug
25 has a unit price less than the drug product specified in the
26 prescription and provided that the selection is permitted by
27 the current Drug Product Selection Formulary issued by the
28 Department of Public Health pursuant to Section 3.14 of the "
29 ", approved June 29,
30 1967, as amended. On the prescription forms of prescribers,
31 shall be placed a signature line and the words "may
-2- LRB9103857ACtm
1 substitute" and "may not substitute". The prescriber, in his
2 or her own handwriting, shall place a mark beside either the
3 "may substitute" or "may not substitute" alternatives to
4 guide the pharmacist in the dispensing of the prescription. A
5 prescriber placing a mark beside the "may substitute"
6 alternative or failing in his or her own handwriting to place
7 a mark beside either alternative authorizes drug product
8 selection in accordance with this Act. Preprinted or rubber
9 stamped marks, or other deviations from the above
10 prescription format shall not be permitted. The prescriber
11 shall sign the form in his or her own handwriting to
12 authorize the issuance of the prescription. When a person
13 presents a prescription to be dispensed, the pharmacist to
14 whom it is presented must may inform the person if the
15 pharmacy has available a different brand name or nonbrand
16 name of the same generic drug prescribed and the price of the
17 such different brand name or nonbrand name of the such drug
18 product. If the person presenting the prescription is the
19 one to whom the drug is to be administered, the pharmacist
20 may dispense the prescription with the brand prescribed or a
21 different brand name or nonbrand name product of the same
22 generic name that has been permitted by the Department of
23 Public Health, if such drug is of lesser unit cost and the
24 patient is informed and agrees to the selection and the
25 pharmacist shall enter such information into the pharmacy
26 record. If the person presenting the prescription is someone
27 other than the one to whom the drug is to be administered the
28 pharmacist shall not dispense the prescription with a brand
29 other than the one specified in the prescription unless the
30 pharmacist has the written or oral authorization to select
31 brands from the person to whom the drug is to be administered
32 or a parent, legal guardian or spouse of that person.
33 In every case in which a selection is made as permitted
34 by the Illinois Food, Drug and Cosmetic Act, the pharmacist
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1 shall indicate on the pharmacy record of the filled
2 prescription the name or other identification of the
3 manufacturer of the drug which has been dispensed.
4 The selection of any drug product by a pharmacist shall
5 not constitute evidence of negligence if the selected
6 nonlegend drug product was of the same dosage form and each
7 of its active ingredients did not vary by more than 1 percent
8 from the active ingredients of the prescribed, brand name,
9 nonlegend drug product or if the selected legend drug product
10 was included in the Illinois Drug Product Selection Formulary
11 current at the time the prescription was dispensed. Failure
12 of a prescribing physician to specify that drug product
13 selection is prohibited does not constitute evidence of
14 negligence unless that practitioner has reasonable cause to
15 believe that the health condition of the patient for whom the
16 physician is prescribing warrants the use of the brand name
17 drug product and not another.
18 The Department is authorized to employ an analyst or
19 chemist of recognized or approved standing whose duty it
20 shall be to examine into any claimed adulteration, illegal
21 substitution, improper selection, alteration, or other
22 violation hereof, and report the result of his investigation,
23 and if such report justify such action the Department shall
24 cause the offender to be prosecuted.
25 (Source: P.A. 85-796.)