Sen. Carol Ronen
Filed: 2/16/2006
 
 

 




 

 		












09400SB2578sam003

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AMENDMENT TO SENATE BILL 2578




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    AMENDMENT NO. ______. Amend Senate Bill 2578 on page 3, 
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immediately below line 28, by inserting the following:
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    "(a) The General Assembly finds that this Section is 
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necessary for the immediate preservation of the public peace, 
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health, and safety."; and

 
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on page 3, line 29, by replacing "(a)" with "(b)"; and
 
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on page 3, by replacing lines 32 through 35 with the following:
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"seizures.
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    "Epilepsy" means a neurological condition characterized by 
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recurrent seizures."; and 
 
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on page 4, by replacing lines 1 through 25 with the following:
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    ""Seizure" means a brief disturbance in the electrical 
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activity of the brain.
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    (c) When the prescribing physician has indicated on the 
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original prescription "dispense as written" or "may not 
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substitute", a pharmacist may not interchange an 
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anti-epileptic drug or formulation of an anti-epileptic drug 
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for the treatment of epilepsy without notification and the 
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documented consent of the prescribing physician and the patient 
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or the patient's parent, legal guardian, or spouse.
 
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    Section 10. The Illinois Food, Drug and Cosmetic Act is 
 


 






09400SB2578sam003
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amended  by changing Section 3.14 as follows:
 



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    (410 ILCS 620/3.14)  (from Ch. 56 1/2, par. 503.14)



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    Sec. 3.14. Dispensing or causing to be dispensed a 
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different drug  in
place of the drug or brand of drug ordered or 
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prescribed without the
express permission of the person 
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ordering or prescribing.
Except as set forth in Section 26 of 
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the Pharmacy Practice Act
However, this Section does not 
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prohibit the interchange of different brands
of the same 
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generically equivalent drug product, when the drug
products
are 
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not required to bear the legend "Caution: Federal law prohibits 
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dispensing
without prescription", provided that the same 
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dosage form is dispensed and
there is no greater than 1% 
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variance in the stated amount of each active
ingredient of the 
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drug products.
A generic drug determined to be therapeutically 
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equivalent by the
United States Food and Drug Administration 
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(FDA) shall be available
for substitution in Illinois in 
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accordance with this Act and the
Pharmacy Practice Act of 1987, 
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provided that each manufacturer
submits to the Director of the 
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Department of Public Health a notification containing product 
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technical
bioequivalence information as a prerequisite to 
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product
substitution when they have completed all required 
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testing to
support FDA product approval and, in any event, the 
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information
shall be submitted no later than 60 days prior to 
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product
substitution in the State.

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(Source: P.A. 92-112, eff. 7-20-01; 93-841, eff. 7-30-04.)".