Illinois General Assembly - Full Text of HB0084

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Full Text of HB0084 98th General Assembly

Introduced   Engrossed   Enrolled
House Amendment 001   Senate Amendment 001   Senate Amendment 002
Senate Amendment 003
Public Act
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HB0084sam001 98TH GENERAL ASSEMBLY
Sen. Pamela J. Althoff
Filed: 5/7/2013

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1 AMENDMENT TO HOUSE BILL 84
2     AMENDMENT NO. ______. Amend House Bill 84 by replacing
3 everything after the enacting clause with the following:

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

6     (225 ILCS 120/200 new)
7     Sec. 200. Drugs in shortage.
8     (a) For the purpose of this Section, "drug in shortage"
9 means a drug, as defined in Section 356c of the Federal Food,
10 Drug, and Cosmetic Act, listed on the drug shortage list
11 maintained by the U.S. Food and Drug Administration in
12 accordance with Section 356e of the Federal Food, Drug, and
13 Cosmetic Act.
14     (b) Any person engaged in the wholesale distribution of a
15 drug in shortage in this State must be licensed by the
16 Department.

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1     (c) It is unlawful for any person, other than a
2 manufacturer, a manufacturer's exclusive distributor, a third
3 party logistics provider, or an authorized distributor of
4 record, to purchase or receive a drug in shortage from any
5 person not licensed by the Department. This subsection (c) does
6 not apply to the return of drugs or the purchase or receipt of
7 drugs pursuant to any of the distributions that are
8 specifically excluded from the definition of "wholesale
9 distribution" in Section 15 of the Wholesale Drug Distribution
10 Licensing Act.
11     (d) A person found to have violated a provision of this
12 Section shall be subject to administrative fines, orders for
13 restitution, and orders for disgorgement.
14     (e) The Department shall create a centralized, searchable
15 database of those entities licensed to engage in wholesale
16 distribution, including manufacturers, wholesale distributors,
17 and pharmacy distributors, to enable purchasers of a drug in
18 shortage to easily verify the licensing status of an entity
19 offering such drugs.
20     (f) The Department shall establish a system for reporting
21 the suspected instances of unscrupulous conduct by
22 distributors of a drug in shortage. Reports made through this
23 system shall be referred to the Office of the Attorney General
24 for further investigation and prosecution.
25     (g) The Department shall adopt rules to carry out the
26 provisions of this Section.

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

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