SB2935 EnrolledLRB097 16822 CEL 62004 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Regulatory Sunset Act is amended by changing
5Section 4.23 and by adding Section 4.33 as follows:
 
6    (5 ILCS 80/4.23)
7    Sec. 4.23. Acts and Sections repealed on January 1, 2013.
8The following Acts and Sections of Acts are repealed on January
91, 2013:
10    The Dietetic and Nutrition Services Practice Act.
11    The Elevator Safety and Regulation Act.
12    The Fire Equipment Distributor and Employee Regulation Act
13of 2011.
14    The Funeral Directors and Embalmers Licensing Code.
15    The Naprapathic Practice Act.
16    The Professional Counselor and Clinical Professional
17Counselor Licensing Act.
18    The Wholesale Drug Distribution Licensing Act.
19    Section 2.5 of the Illinois Plumbing License Law.
20(Source: P.A. 95-331, eff. 8-21-07; 96-1499, eff. 1-18-11.)
 
21    (5 ILCS 80/4.33 new)
22    Sec. 4.33. Act repealed on January 1, 2023. The following

 

 

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1Act is repealed on January 1, 2023:
2    The Wholesale Drug Distribution Licensing Act.
 
3    Section 5. The Wholesale Drug Distribution Licensing Act is
4amended by changing Sections 15, 20, 25, 26, 50, 55, and 59 and
5by adding Section 173 as follows:
 
6    (225 ILCS 120/15)  (from Ch. 111, par. 8301-15)
7    (Section scheduled to be repealed on January 1, 2013)
8    Sec. 15. Definitions. As used in this Act:
9    "Authentication" means the affirmative verification,
10before any wholesale distribution of a prescription drug
11occurs, that each transaction listed on the pedigree has
12occurred.
13    "Authorized distributor of record" means a wholesale
14distributor with whom a manufacturer has established an ongoing
15relationship to distribute the manufacturer's prescription
16drug. An ongoing relationship is deemed to exist between a
17wholesale distributor and a manufacturer when the wholesale
18distributor, including any affiliated group of the wholesale
19distributor, as defined in Section 1504 of the Internal Revenue
20Code, complies with the following:
21        (1) The wholesale distributor has a written agreement
22    currently in effect with the manufacturer evidencing the
23    ongoing relationship; and
24        (2) The wholesale distributor is listed on the

 

 

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1    manufacturer's current list of authorized distributors of
2    record, which is updated by the manufacturer on no less
3    than a monthly basis.
4    "Blood" means whole blood collected from a single donor and
5processed either for transfusion or further manufacturing.
6    "Blood component" means that part of blood separated by
7physical or mechanical means.
8    "Board" means the State Board of Pharmacy of the Department
9of Professional Regulation.
10    "Chain pharmacy warehouse" means a physical location for
11prescription drugs that acts as a central warehouse and
12performs intracompany sales or transfers of the drugs to a
13group of chain or mail order pharmacies that have the same
14common ownership and control. Notwithstanding any other
15provision of this Act, a chain pharmacy warehouse shall be
16considered part of the normal distribution channel.
17    "Co-licensed partner or product" means an instance where
18one or more parties have the right to engage in the
19manufacturing or marketing of a prescription drug, consistent
20with the FDA's implementation of the Prescription Drug
21Marketing Act.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Drop shipment" means the sale of a prescription drug to a
25wholesale distributor by the manufacturer of the prescription
26drug or that manufacturer's co-licensed product partner, that

 

 

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1manufacturer's third party logistics provider, or that
2manufacturer's exclusive distributor or by an authorized
3distributor of record that purchased the product directly from
4the manufacturer or one of these entities whereby the wholesale
5distributor or chain pharmacy warehouse takes title but not
6physical possession of such prescription drug and the wholesale
7distributor invoices the pharmacy, chain pharmacy warehouse,
8or other person authorized by law to dispense or administer
9such drug to a patient and the pharmacy, chain pharmacy
10warehouse, or other authorized person receives delivery of the
11prescription drug directly from the manufacturer, that
12manufacturer's third party logistics provider, or that
13manufacturer's exclusive distributor or from an authorized
14distributor of record that purchased the product directly from
15the manufacturer or one of these entities.
16    "Drug sample" means a unit of a prescription drug that is
17not intended to be sold and is intended to promote the sale of
18the drug.
19    "Facility" means a facility of a wholesale distributor
20where prescription drugs are stored, handled, repackaged, or
21offered for sale.
22    "FDA" means the United States Food and Drug Administration.
23    "Manufacturer" means a person licensed or approved by the
24FDA to engage in the manufacture of drugs or devices,
25consistent with the definition of "manufacturer" set forth in
26the FDA's regulations and guidances implementing the

 

 

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1Prescription Drug Marketing Act.
2    "Manufacturer's exclusive distributor" means anyone who
3contracts with a manufacturer to provide or coordinate
4warehousing, distribution, or other services on behalf of a
5manufacturer and who takes title to that manufacturer's
6prescription drug, but who does not have general responsibility
7to direct the sale or disposition of the manufacturer's
8prescription drug. A manufacturer's exclusive distributor must
9be licensed as a wholesale distributor under this Act and, in
10order to be considered part of the normal distribution channel,
11must also be an authorized distributor of record.
12    "Normal distribution channel" means a chain of custody for
13a prescription drug that goes, directly or by drop shipment,
14from (i) a manufacturer of the prescription drug, (ii) that
15manufacturer to that manufacturer's co-licensed partner, (iii)
16that manufacturer to that manufacturer's third party logistics
17provider, or (iv) that manufacturer to that manufacturer's
18exclusive distributor to:
19        (1) a pharmacy or to other designated persons
20    authorized by law to dispense or administer the drug to a
21    patient;
22        (2) a wholesale distributor to a pharmacy or other
23    designated persons authorized by law to dispense or
24    administer the drug to a patient;
25        (3) a wholesale distributor to a chain pharmacy
26    warehouse to that chain pharmacy warehouse's intracompany

 

 

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1    pharmacy to a patient or other designated persons
2    authorized by law to dispense or administer the drug to a
3    patient;
4        (4) a chain pharmacy warehouse to the chain pharmacy
5    warehouse's intracompany pharmacy or other designated
6    persons authorized by law to dispense or administer the
7    drug to the patient;
8        (5) an authorized distributor of record to one other
9    authorized distributor of record to an office-based health
10    care practitioner authorized by law to dispense or
11    administer the drug to the patient; or
12        (6) an authorized distributor to a pharmacy or other
13    persons licensed to dispense or administer the drug.
14    "Pedigree" means a document or electronic file containing
15information that records each wholesale distribution of any
16given prescription drug from the point of origin to the final
17wholesale distribution point of any given prescription drug.
18    "Person" means and includes a natural person, partnership,
19association, or corporation, or any other legal business
20entity.
21    "Pharmacy distributor" means any pharmacy licensed in this
22State or hospital pharmacy that is engaged in the delivery or
23distribution of prescription drugs either to any other pharmacy
24licensed in this State or to any other person or entity
25including, but not limited to, a wholesale drug distributor
26engaged in the delivery or distribution of prescription drugs

 

 

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1who is involved in the actual, constructive, or attempted
2transfer of a drug in this State to other than the ultimate
3consumer except as otherwise provided for by law.
4    "Prescription drug" means any human drug, including any
5biological product (except for blood and blood components
6intended for transfusion or biological products that are also
7medical devices), required by federal law or regulation to be
8dispensed only by a prescription, including finished dosage
9forms and bulk drug substances subject to Section 503 of the
10Federal Food, Drug and Cosmetic Act.
11    "Repackage" means repackaging or otherwise changing the
12container, wrapper, or labeling to further the distribution of
13a prescription drug, excluding that completed by the pharmacist
14responsible for dispensing the product to a patient.
15    "Secretary" means the Secretary of Financial and
16Professional Regulation.
17    "Third party logistics provider" means anyone who
18contracts with a prescription drug manufacturer to provide or
19coordinate warehousing, distribution, or other services on
20behalf of a manufacturer, but does not take title to the
21prescription drug or have general responsibility to direct the
22prescription drug's sale or disposition. A third party
23logistics provider must be licensed as a wholesale distributor
24under this Act and, in order to be considered part of the
25normal distribution channel, must also be an authorized
26distributor of record.

 

 

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1    "Wholesale distribution" means the distribution of
2prescription drugs to persons other than a consumer or patient,
3but does not include any of the following:
4        (1) Intracompany sales of prescription drugs, meaning
5    (i) any transaction or transfer between any division,
6    subsidiary, parent, or affiliated or related company under
7    the common ownership and control of a corporate entity or
8    (ii) any transaction or transfer between co-licensees of a
9    co-licensed product.
10        (2) The sale, purchase, distribution, trade, or
11    transfer of a prescription drug or offer to sell, purchase,
12    distribute, trade, or transfer a prescription drug for
13    emergency medical reasons.
14        (3) The distribution of prescription drug samples by
15    manufacturers' representatives.
16        (4) Drug returns, when conducted by a hospital, health
17    care entity, or charitable institution in accordance with
18    federal regulation.
19        (5) The sale of minimal quantities of prescription
20    drugs by licensed retail pharmacies to licensed
21    practitioners for office use or other licensed pharmacies.
22        (6) The sale, purchase, or trade of a drug, an offer to
23    sell, purchase, or trade a drug, or the dispensing of a
24    drug pursuant to a prescription.
25        (7) The sale, transfer, merger, or consolidation of all
26    or part of the business of a pharmacy or pharmacies from or

 

 

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1    with another pharmacy or pharmacies, whether accomplished
2    as a purchase and sale of stock or business assets.
3        (8) The sale, purchase, distribution, trade, or
4    transfer of a prescription drug from one authorized
5    distributor of record to one additional authorized
6    distributor of record when the manufacturer has stated in
7    writing to the receiving authorized distributor of record
8    that the manufacturer is unable to supply the prescription
9    drug and the supplying authorized distributor of record
10    states in writing that the prescription drug being supplied
11    had until that time been exclusively in the normal
12    distribution channel.
13        (9) The delivery of or the offer to deliver a
14    prescription drug by a common carrier solely in the common
15    carrier's usual course of business of transporting
16    prescription drugs when the common carrier does not store,
17    warehouse, or take legal ownership of the prescription
18    drug.
19        (10) The sale or transfer from a retail pharmacy, mail
20    order pharmacy, or chain pharmacy warehouse of expired,
21    damaged, returned, or recalled prescription drugs to the
22    original manufacturer, the originating wholesale
23    distributor, or a third party returns processor.
24    "Wholesale drug distributor" means anyone engaged in the
25wholesale distribution of prescription drugs into, out of, or
26within the State, including without limitation manufacturers;

 

 

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1repackers; own label distributors; jobbers; private label
2distributors; brokers; warehouses, including manufacturers'
3and distributors' warehouses; manufacturer's exclusive
4distributors; and authorized distributors of record; drug
5wholesalers or distributors; independent wholesale drug
6traders; specialty wholesale distributors; third party
7logistics providers; and retail pharmacies that conduct
8wholesale distribution; and chain pharmacy warehouses that
9conduct wholesale distribution. In order to be considered part
10of the normal distribution channel, a wholesale distributor
11must also be an authorized distributor of record.
12(Source: P.A. 95-689, eff. 10-29-07.)
 
13    (225 ILCS 120/20)  (from Ch. 111, par. 8301-20)
14    (Section scheduled to be repealed on January 1, 2013)
15    Sec. 20. Prohibited drug purchases or receipt. It shall be
16unlawful for any person or entity located in this State to
17knowingly purchase or receive any prescription drug from any
18source other than a person or entity required by the laws of
19this State to be licensed to ship into, out of, or within this
20State licensed under the laws of this State or the state of
21domicile except where otherwise provided. A person or entity
22licensed under the laws of this State shall include, but is not
23limited to, a wholesale distributor, manufacturer, pharmacy
24distributor, or pharmacy. Any person violating this Section
25shall, upon conviction, be adjudged guilty of a Class C

 

 

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1misdemeanor. A second violation shall constitute a Class 4
2felony.
3(Source: P.A. 87-594.)
 
4    (225 ILCS 120/25)  (from Ch. 111, par. 8301-25)
5    (Section scheduled to be repealed on January 1, 2013)
6    Sec. 25. Wholesale drug distributor licensing
7requirements.
8    (a) Every resident wholesale distributor who engages in the
9wholesale distribution of prescription drugs must be licensed
10by the Department, and every non-resident wholesale
11distributor must be licensed in this State if it ships
12prescription drugs into this State, in accordance with this
13Act, before engaging in wholesale distributions of wholesale
14prescription drugs.
15    (b) The Department shall require without limitation all of
16the following information from each applicant for licensure
17under this Act:
18        (1) The name, full business address, and telephone
19    number of the licensee.
20        (2) All trade or business names used by the licensee.
21        (3) Addresses, telephone numbers, and the names of
22    contact persons for all facilities used by the licensee for
23    the storage, handling, and distribution of prescription
24    drugs.
25        (4) The type of ownership or operation, such as a

 

 

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1    partnership, corporation, or sole proprietorship.
2        (5) The name of the owner or operator of the wholesale
3    distributor, including:
4            (A) if a natural person, the name of the natural
5        person;
6            (B) if a partnership, the name of each partner and
7        the name of the partnership;
8            (C) if a corporation, the name and title of each
9        corporate officer and director, the corporate names,
10        and the name of the state of incorporation; and
11            (D) if a sole proprietorship, the full name of the
12        sole proprietor and the name of the business entity.
13        (6) A list of all licenses and permits issued to the
14    applicant by any other state that authorizes the applicant
15    to purchase or possess prescription drugs.
16        (7) The name of the designated representative for the
17    wholesale distributor, together with the personal
18    information statement and fingerprints, as required under
19    subsection (c) of this Section.
20        (8) Minimum liability insurance and other insurance as
21    defined by rule.
22        (9) Any additional information required by the
23    Department.
24    (c) Each wholesale distributor must designate an
25individual representative who shall serve as the contact person
26for the Department. This representative must provide the

 

 

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1Department with all of the following information:
2        (1) Information concerning whether the person has been
3    enjoined, either temporarily or permanently, by a court of
4    competent jurisdiction from violating any federal or State
5    law regulating the possession, control, or distribution of
6    prescription drugs or criminal violations, together with
7    details concerning any such event.
8        (2) A description of any involvement by the person with
9    any business, including any investments, other than the
10    ownership of stock in a publicly traded company or mutual
11    fund which manufactured, administered, prescribed,
12    distributed, or stored pharmaceutical products and any
13    lawsuits in which such businesses were named as a party.
14        (3) A description of any misdemeanor or felony criminal
15    offense of which the person, as an adult, was found guilty,
16    regardless of whether adjudication of guilt was withheld or
17    whether the person pled guilty or nolo contendere. If the
18    person indicates that a criminal conviction is under appeal
19    and submits a copy of the notice of appeal of that criminal
20    offense, the applicant must, within 15 days after the
21    disposition of the appeal, submit to the Department a copy
22    of the final written order of disposition.
23        (4) The designated representative of an applicant for
24    licensure as a wholesale drug distributor shall have his or
25    her fingerprints submitted to the Department of State
26    Police in an electronic format that complies with the form

 

 

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1    and manner for requesting and furnishing criminal history
2    record information as prescribed by the Department of State
3    Police. These fingerprints shall be checked against the
4    Department of State Police and Federal Bureau of
5    Investigation criminal history record databases now and
6    hereafter filed. The Department of State Police shall
7    charge applicants a fee for conducting the criminal history
8    records check, which shall be deposited into the State
9    Police Services Fund and shall not exceed the actual cost
10    of the records check. The Department of State Police shall
11    furnish, pursuant to positive identification, records of
12    Illinois convictions to the Department. The Department may
13    require applicants to pay a separate fingerprinting fee,
14    either to the Department or to a vendor. The Department, in
15    its discretion, may allow an applicant who does not have
16    reasonable access to a designated vendor to provide his or
17    her fingerprints in an alternative manner. The Department
18    may adopt any rules necessary to implement this Section.
19        The designated representative of a licensee shall
20    receive and complete continuing training in applicable
21    federal and State laws governing the wholesale
22    distribution of prescription drugs.
23    (d) The Department may not issue a wholesale distributor
24license to an applicant, unless the Department first:
25        (1) ensures that a physical inspection of the facility
26    satisfactory to the Department has occurred at the address

 

 

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1    provided by the applicant, as required under item (1) of
2    subsection (b) of this Section; and
3        (2) determines that the designated representative
4    meets each of the following qualifications:
5            (A) He or she is at least 21 years of age.
6            (B) He or she has been employed full-time for at
7        least 3 years in a pharmacy or with a wholesale
8        distributor in a capacity related to the dispensing and
9        distribution of, and recordkeeping relating to,
10        prescription drugs.
11            (C) He or she is employed by the applicant full
12        time in a managerial level position.
13            (D) He or she is actively involved in and aware of
14        the actual daily operation of the wholesale
15        distributor.
16            (E) He or she is physically present at the facility
17        of the applicant during regular business hours, except
18        when the absence of the designated representative is
19        authorized, including without limitation sick leave
20        and vacation leave.
21            (F) He or she is serving in the capacity of a
22        designated representative for only one applicant at a
23        time, except where more than one licensed wholesale
24        distributor is co-located in the same facility and such
25        wholesale distributors are members of an affiliated
26        group, as defined in Section 1504 of the Internal

 

 

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1        Revenue Code.
2    (e) If a wholesale distributor distributes prescription
3drugs from more than one facility, the wholesale distributor
4shall obtain a license for each facility.
5    (f) The information provided under this Section may not be
6disclosed to any person or entity other than the Department or
7another government entity in need of such information for
8licensing or monitoring purposes.
9(Source: P.A. 94-942, eff. 1-1-07; 95-689, eff. 10-29-07.)
 
10    (225 ILCS 120/26)
11    (Section scheduled to be repealed on January 1, 2013)
12    Sec. 26. Unlicensed practice; violation; civil penalty.
13    (a) Any person who practices, offers to practice, attempts
14to practice, or holds oneself out to practice as a wholesale
15drug distributor or pharmacy distributor without being
16licensed to ship into, out of, or within the State under this
17Act shall, in addition to any other penalty provided by law,
18pay a civil penalty to the Department in an amount not to
19exceed $10,000 $5,000 for each offense as determined by the
20Department. The civil penalty shall be assessed by the
21Department after a hearing is held in accordance with the
22provisions set forth in this Act regarding the provision of a
23hearing for the discipline of a licensee.
24    (b) The Department has the authority and power to
25investigate any and all unlicensed activity.

 

 

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1    (c) The civil penalty shall be paid within 60 days after
2the effective date of the order imposing the civil penalty. The
3order shall constitute a judgment and may be filed and
4execution had thereon in the same manner as any judgment from
5any court of record.
6(Source: P.A. 89-474, eff. 6-18-96.)
 
7    (225 ILCS 120/50)  (from Ch. 111, par. 8301-50)
8    (Section scheduled to be repealed on January 1, 2013)
9    Sec. 50. Inspection powers; access to records.
10    (a) Any pharmacy investigator authorized by the Department
11has the right of entry for inspection during normal business
12hours of premises purporting or appearing to be used by a
13wholesale drug distributor in this State, including the
14business premises of a person licensed pursuant to this Act.
15This right of entry shall permit the authorized pharmacy
16investigator unfettered access to the entire business
17premises. Any attempt to hinder an authorized pharmacy
18investigator from inspecting the business premises and
19documenting the inspection shall be a violation of this Act.
20The duly authorized investigators shall be required to show
21appropriate identification before being given access to a
22wholesale drug distributor's premises and delivery vehicles.
23Any wholesale drug distributor providing adequate
24documentation of the most recent satisfactory inspection less
25than 3 years old of the distributor's wholesale drug

 

 

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1distribution activities and facilities by either the U.S. FDA,
2a State agency, or any person or entity lawfully designated by
3a State agency to perform an inspection determined to be
4comparable by the Department shall be exempt from further
5inspection for a period of time to be determined by the
6Department. The exemption shall not bar the Department from
7initiating an investigation of a public or governmental
8complaint received by the Department regarding a wholesale drug
9distributor. Wholesale drug distributors shall be given an
10opportunity to correct minor violations determined by these
11investigations.
12    (b) With the exception of the most recent 12 months of
13records that must be kept on the premises where the drugs are
14stored, wholesale Wholesale drug distributors may keep records
15regarding purchase and sales transactions electronically at a
16central location apart from the principal office of the
17wholesale drug distributor or the location at which the drugs
18were stored and from which they were shipped, provided that the
19records shall be made readily available for inspection within 2
20working days of a request by the Department. The records may be
21kept in any form permissible under federal law applicable to
22prescription drugs record keeping.
23    (c) (Blank).
24(Source: P.A. 94-942, eff. 1-1-07.)
 
25    (225 ILCS 120/55)  (from Ch. 111, par. 8301-55)

 

 

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1    (Section scheduled to be repealed on January 1, 2013)
2    Sec. 55. Discipline; grounds.
3    (a) The Department may refuse to issue, restore, or renew,
4or may revoke, suspend, place on probation, reprimand or take
5other disciplinary or non-disciplinary action as the
6Department may deem appropriate, including imposing fines not
7to exceed $10,000 for each violation, with regard to any
8applicant or licensee or any officer, director, manager, or
9shareholder who owns 5% or more interest in the business that
10holds the license proper for any one or a combination of the
11following reasons:
12        (1) Violation of this Act or of the its rules adopted
13    under this Act.
14        (2) Aiding or assisting another person in violating any
15    provision of this Act or the its rules adopted under this
16    Act.
17        (3) Failing, within 60 days, to provide information in
18    response respond to a written requirement made by the
19    Department for information.
20        (4) Engaging in dishonorable, unethical, or
21    unprofessional conduct of a character likely to deceive,
22    defraud, or harm the public. This includes violations of
23    "good faith" as defined by the Illinois Controlled
24    Substances Act and applies to all prescription drugs.
25        (5) Discipline by another U.S. jurisdiction or foreign
26    nation, if at least one of the grounds for the discipline

 

 

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1    is the same or substantially equivalent to those set forth
2    in this Act.
3        (6) Selling or engaging in the sale of drug samples
4    provided at no cost by drug manufacturers.
5        (7) Conviction by of or entry of a plea of guilty or
6    nolo contendere, finding of guilt, jury verdict, or entry
7    of judgment or by sentencing of any crime, including, but
8    not limited to, convictions, preceding sentences of
9    supervision, conditional discharge, or first offender
10    probation, under the laws of any jurisdiction of the United
11    States (i) by the applicant or licensee, or any officer,
12    director, manager or shareholder who owns more than 5% of
13    stock, to any crime under the laws of the United States or
14    any state or territory of the United States that is a
15    felony or (ii) a misdemeanor, of which an essential element
16    of which is dishonesty, or any crime that is directly
17    related to the practice of this profession.
18        (8) Habitual or excessive use or addiction to alcohol,
19    narcotics, stimulants, or any other chemical agent or drug
20    by the designated representative, as provided for in item
21    (7) of subsection (b) of Section 25 of this Act, any
22    officer, or director that results in the inability to
23    function with reasonable judgment, skill, or safety.
24    (b) The Department may refuse to issue, restore, or renew,
25or may revoke, suspend, place on probation, reprimand or take
26other disciplinary action as the Department may deem property

 

 

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1including fines not to exceed $10,000 per offense for any of
2the following reasons:
3        (9) (1) Material misstatement in furnishing
4    information to the Department.
5        (2) Making any misrepresentation for the purpose of
6    obtaining a license.
7        (10) (3) A finding by the Department that the licensee,
8    after having his or her license placed on probationary
9    status, has violated the terms of probation.
10        (11) Fraud or misrepresentation in applying for, or
11    procuring, a license under this Act or in connection with
12    applying for renewal of a license under this Act. (4) A
13    finding that licensure or registration has been applied for
14    or obtained by fraudulent means.
15        (12) (5) Willfully making or filing false records or
16    reports.
17        (13) (6) A finding of a substantial discrepancy in a
18    Department audit of a prescription drug, including a
19    controlled substance as that term is defined in this Act or
20    in the Illinois Controlled Substances Act.
21        (14) Falsifying a pedigree or selling, distributing,
22    transferring, manufacturing, repackaging, handling, or
23    holding a counterfeit prescription drug intended for human
24    use.
25        (15) Interfering with a Department investigation.
26        (16) Failing to adequately secure controlled

 

 

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1    substances or other prescription drugs from diversion.
2        (17) Acquiring or distributing prescription drugs not
3    obtained from a source licensed by the Department.
4        (18) Failing to properly store drugs.
5        (19) Failing to maintain the licensed premises with
6    proper storage and security controls.
7    (b) (c) The Department may refuse to issue or may suspend
8the license or registration of any person who fails to file a
9return, or to pay the tax, penalty or interest shown in a filed
10return, or to pay any final assessment of tax, penalty or
11interest, as required by any tax Act administered by the
12Illinois Department of Revenue, until the time the requirements
13of the tax Act are satisfied.
14    (c) (d) The Department shall revoke the license or
15certificate of registration issued under this Act or any prior
16Act of this State of any person who has been convicted a second
17time of committing any felony under the Illinois Controlled
18Substances Act or the Methamphetamine Control and Community
19Protection Act or who has been convicted a second time of
20committing a Class 1 felony under Sections 8A-3 and 8A-6 of the
21Illinois Public Aid Code. A person whose license or certificate
22of registration issued under this Act or any prior Act of this
23State is revoked under this subsection (b) (c) shall be
24prohibited from engaging in the practice of pharmacy in this
25State.
26(Source: P.A. 94-556, eff. 9-11-05; 95-689, eff. 10-29-07;

 

 

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1revised 11-18-11.)
 
2    (225 ILCS 120/59)
3    (Section scheduled to be repealed on January 1, 2013)
4    Sec. 59. Injunctive action; cease and desist order.
5Enforcement; order to cease distribution of a drug.
6    (a) If any person violates the provisions of this Act, the
7Secretary, in the name of the People of the State of Illinois,
8through the Attorney General or the State's Attorney of the
9county where the violation is alleged to have occurred, may
10petition for an order enjoining the violation or for an order
11enforcing compliance with this Act. Upon the filing of a
12verified petition, the court with appropriate jurisdiction may
13issue a temporary restraining order, without notice or bond,
14and may preliminarily and permanently enjoin the violation. If
15it is established that the person has violated or is violating
16the injunction, then the court may punish the offender for
17contempt of court. Proceedings under this Section are in
18addition to, and not in lieu of, all other remedies and
19penalties provided by this Act. The Department shall issue an
20order requiring the appropriate person, including the
21distributors or retailers of a drug, to immediately cease
22distribution of the drug within this State, if the Department
23finds that there is a reasonable probability that:
24        (1) a wholesale distributor has (i) violated a
25    provision in this Act or (ii) falsified a pedigree or sold,

 

 

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1    distributed, transferred, manufactured, repackaged,
2    handled, or held a counterfeit prescription drug intended
3    for human use;
4        (2) the prescription drug at issue, as a result of a
5    violation in paragraph (1) of this subsection (a), could
6    cause serious, adverse health consequences or death; and
7        (3) other procedures would result in unreasonable
8    delay.
9    (b) Whenever, in the opinion of the Department, a person
10violates any provision of this Act, the Department may issue a
11rule to show cause why an order to cease and desist shall not
12be entered against that person. The rule shall clearly set
13forth the grounds relied upon by the Department and shall allow
14a person at least 7 days after the date of the rule to file an
15answer satisfactory to the Department. Failure to answer to the
16satisfaction of the Department shall cause an order to cease
17and desist to be issued. An order issued under this Section
18shall provide the person subject to the order with an
19opportunity for an informal hearing, to be held not later than
2010 days after the date of the issuance of the order, on the
21actions required by the order. If, after providing an
22opportunity for a hearing, the Department determines that
23inadequate grounds exist to support the actions required by the
24order, the Department shall vacate the order.
25(Source: P.A. 95-689, eff. 10-29-07.)
 

 

 

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1    (225 ILCS 120/173 new)
2    Sec. 173. Confidentiality. All information collected by
3the Department in the course of an examination or investigation
4of a licensee or applicant, including, but not limited to, any
5complaint against a licensee filed with the Department and
6information collected to investigate any such complaint, shall
7be maintained for the confidential use of the Department and
8shall not be disclosed. The Department may not disclose the
9information to anyone other than law enforcement officials,
10other regulatory agencies that have an appropriate regulatory
11interest as determined by the Secretary, or a party presenting
12a lawful subpoena to the Department. Information and documents
13disclosed to a federal, State, county, or local law enforcement
14agency shall not be disclosed by the agency for any purpose to
15any other agency or person. A formal complaint filed against a
16licensee by the Department or any order issued by the
17Department against a licensee or applicant shall be a public
18record, except as otherwise prohibited by law.
 
19    Section 99. Effective date. This Act takes effect on
20January 1, 2013.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.23
4    5 ILCS 80/4.33 new
5    225 ILCS 120/15from Ch. 111, par. 8301-15
6    225 ILCS 120/20from Ch. 111, par. 8301-20
7    225 ILCS 120/25from Ch. 111, par. 8301-25
8    225 ILCS 120/26
9    225 ILCS 120/50from Ch. 111, par. 8301-50
10    225 ILCS 120/55from Ch. 111, par. 8301-55
11    225 ILCS 120/59
12    225 ILCS 120/173 new