HB0084ham001 98TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 3/11/2013

09800HB0084ham001 LRB098 02833 RPM 42373 a

AMENDMENT TO HOUSE BILL 84

AMENDMENT NO. ______. Amend House Bill 84 by replacing everything after the enacting clause with the following:

"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 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 must be licensed by the Department. This subsection (b) shall not apply to entities within the normal distribution channel as defined under Section 15 of this Act.

(c) It is unlawful for any person, other than those licensed as a manufacturer, a manufacturer's exclusive distributor, 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.

(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 sell or distribute a drug in shortage, 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 suspected instances of unscrupulous conduct by distributors of a drug in shortage. Reports made through this system shall be referred to the Office of the Attorney General for further investigation and prosecution.

(g) The Department shall adopt rules to carry out the provisions of this Section.

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