Illinois General Assembly - Full Text of SB1859
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Full Text of SB1859  93rd General Assembly

SB1859 93rd General Assembly


                                     LRB093 10809 AMC 11246 b

 1        AN ACT concerning pharmaceuticals.

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

 4        Section 5.  The Illinois Food, Drug and Cosmetic  Act  is
 5    amended by adding Section 3.23 as follows:

 6        (410 ILCS 620/3.23 new)
 7        Sec. 3.23.  Pharmaceutical marketers.
 8        (a)  On   or   before  January  1  of  each  year,  every
 9    pharmaceutical manufacturing company shall  disclose  to  the
10    State Board of Pharmacy the value, nature, and purpose of any
11    gift,  fee,  payment,  subsidy,  or  other  economic  benefit
12    provided  in connection with detailing, promotional, or other
13    marketing activities by the company, directly or through  its
14    pharmaceutical marketers, to any physician, hospital, nursing
15    home, pharmacist, health benefit plan administrator, or other
16    person  in  Illinois  authorized  to  prescribe, dispense, or
17    purchase prescription drugs.  Disclosure shall be made  on  a
18    form  and  in  a  manner  prescribed  by  the Board.  Initial
19    disclosure shall be made on or before January 1, 2005 for the
20    12-month period  ending  June  30,  2004.   The  Board  shall
21    provide to the Office of the Attorney General complete access
22    to  the  information  required  to  be  disclosed  under this
23    Section.  The Office of the  Attorney  General  shall  report
24    annually  on  the  disclosures made under this Section to the
25    General Assembly and the Governor on or before March 1.
26        (b)  On  or  before  October  1,  2003  and   each   year
27    thereafter, each pharmaceutical manufacturing company subject
28    to  the provisions of this Section shall also disclose to the
29    Board the name and address of the individual responsible  for
30    the company's compliance with this Section.
31        The  Board  and  the Office of the Attorney General shall
                            -2-      LRB093 10809 AMC 11246 b
 1    keep  confidential  all  trade   secret   information.    The
 2    disclosure  form  prescribed  by  the  Board shall permit the
 3    company to identify any information that is a trade secret.
 4        All of the following shall be exempt from disclosure:
 5             (1)  Free samples of prescription drugs intended  to
 6        be distributed to patients.
 7             (2)  The  payment  of  reasonable  compensation  and
 8        reimbursement  of  expenses  in connection with bona fide
 9        clinical trials.  As used in  this  item  (2),  "clinical
10        trial"  means  an  approved  clinical  trial conducted in
11        connection with  a  research  study  designed  to  answer
12        specific  questions about vaccines, new therapies, or new
13        ways of using known treatments.
14             (3)  Any  gift,  fee,  payment,  subsidy,  or  other
15        economic benefit the value of which is less than $25.
16             (4)  Scholarship  or  other  support   for   medical
17        students,  residents, and fellows to attend a significant
18        educational, scientific, or policy-making conference of a
19        national,  regional,  or  specialty  medical   or   other
20        professional   association   if   the  recipient  of  the
21        scholarship  or  other  support  is   selected   by   the
22        association.
23        (c)  The   Attorney  General  may  bring  an  action  for
24    injunctive relief, costs, and attorney fees and to impose  on
25    a pharmaceutical manufacturing company that fails to disclose
26    as required by subsection (a) of this Section a civil penalty
27    of no more than $10,000 per violation.  Each unlawful failure
28    to disclose shall constitute a separate violation.
29        (d)  As used in this Section:
30        "Pharmaceutical  marketer"  means  a  person  who,  while
31    employed  by  or under contract to represent a pharmaceutical
32    manufacturing company, engages in  pharmaceutical  detailing,
33    promotional  activities,  or  other marketing of prescription
34    drugs in this State to any physician, hospital, nursing home,
                            -3-      LRB093 10809 AMC 11246 b
 1    pharmacist,  health  benefit  plan  administrator,  or  other
 2    person  authorized  to  prescribe,  dispense,   or   purchase
 3    prescription   drugs.   "Pharmaceutical  marketer"  does  not
 4    include a wholesale drug  distributor  or  the  distributor's
 5    representative who promotes or otherwise markets the services
 6    of  the  wholesale  drug  distributor  in  connection  with a
 7    prescription drug.
 8        "Pharmaceutical  manufacturing  company"  means  (i)   an
 9    entity  that  is  engaged  in  the  production,  preparation,
10    propagation,   compounding,   conversion,  or  processing  of
11    prescription  drugs,  either  directly   or   indirectly   by
12    extraction  from  substances of natural origin, independently
13    by means of  chemical  synthesis,  or  by  a  combination  of
14    extraction  and chemical synthesis, or (ii) an entity engaged
15    in  the  packaging,  repackaging,  labeling,  relabeling,  or
16    distribution   of   prescription   drugs.     "Pharmaceutical
17    manufacturing  company"  does  not  include  a wholesale drug
18    distributor  or  pharmacist  licensed  under   the   Pharmacy
19    Practice Act of 1987.

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