Illinois General Assembly - Full Text of Public Act 098-0355

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Public Act 098-0355

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Public Act 0355 98TH GENERAL ASSEMBLY

Public Act 098-0355

HB0084 Enrolled LRB098 02833 RPM 32842 b

    AN ACT concerning public health.

    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:

    Section 5. The Wholesale Drug Distribution Licensing Act is
amended by adding Section 200 as follows:

    (225 ILCS 120/200 new)
    Sec. 200. Drugs in shortage.
    (a) For the purpose of this Section, "drug in shortage"
means a drug, as defined in Section 356c of the Federal Food,
Drug, and Cosmetic Act, listed on the drug shortage list
maintained by the U.S. Food and Drug Administration in
accordance with Section 356e of the Federal Food, Drug, and
Cosmetic Act.
    (b) Any person engaged in the wholesale distribution of a
drug in shortage in this State must be licensed by the
Department.
    (c) It is unlawful for any person, other than a
manufacturer, a manufacturer's exclusive distributor, a third
party logistics provider, or an authorized distributor of
record, to purchase or receive a drug in shortage from any
person not licensed by the Department. This subsection (c) does
not apply to the return of drugs or the purchase or receipt of
drugs pursuant to any of the distributions that are
specifically excluded from the definition of "wholesale
distribution" in Section 15 of the Wholesale Drug Distribution
Licensing Act.
    (d) A person found to have violated a provision of this
Section shall be subject to administrative fines, orders for
restitution, and orders for disgorgement.
    (e) The Department shall create a centralized, searchable
database of those entities licensed to engage in wholesale
distribution, including manufacturers, wholesale distributors,
and pharmacy distributors, to enable purchasers of a drug in
shortage to easily verify the licensing status of an entity
offering such drugs.
    (f) The Department shall establish a system for reporting
the reasonable suspicion that a violation of this Act has been
committed by a distributor of a drug in shortage. Reports made
through this system shall be referred to the Office of the
Attorney General and the appropriate State's Attorney's office
for further investigation and prosecution.
    (g) The Department shall adopt rules to carry out the
provisions of this Section.
    (h) Nothing in this Section prohibits one hospital pharmacy
from purchasing or receiving a drug in shortage from another
hospital pharmacy in the event of a medical emergency.

    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2013

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