Full Text of HB5890 96th General Assembly
HB5890sam001 96TH GENERAL ASSEMBLY
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Sen. Dan Kotowski
Filed: 4/28/2010
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LRB096 18739 ASK 40836 a |
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| AMENDMENT TO HOUSE BILL 5890
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| AMENDMENT NO. ______. Amend House Bill 5890 on page 1, by | 3 |
| replacing line 5 with "Sections 3 and 25 as follows:"; and
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| on page 3, by replacing line 10 with "age or and older or, in | 5 |
| the case of influenza vaccination, 9 years of age or older | 6 |
| pursuant to a valid prescription or standing"; and | 7 |
| on page 14, by replacing line 25 with "age or and older or, in | 8 |
| the case of influenza vaccination, 9 years of age or older | 9 |
| pursuant to a valid prescription or standing"; and | 10 |
| on page 24, immediately below line 13, by inserting the | 11 |
| following:
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| "(225 ILCS 85/25) (from Ch. 111, par. 4145)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 25. No person shall compound, or sell or offer for |
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| sale, or
cause to be compounded, sold or offered for sale any | 2 |
| medicine or preparation
under or by a name recognized in the | 3 |
| United States Pharmacopoeia
National Formulary, for internal | 4 |
| or external use, which differs from
the standard of strength, | 5 |
| quality or purity as determined by the test
laid down in the | 6 |
| United States Pharmacopoeia National Formulary official at
the | 7 |
| time
of
such compounding, sale or offering for sale. Nor shall | 8 |
| any person
compound, sell or offer for sale, or cause to be | 9 |
| compounded, sold,
or offered for sale, any drug, medicine, | 10 |
| poison, chemical or pharmaceutical
preparation, the strength | 11 |
| or purity of which shall fall below the professed
standard of | 12 |
| strength or purity under which it is sold. Except as set forth | 13 |
| in Section 26 of this Act, if the physician
or other authorized | 14 |
| prescriber, when transmitting an oral or written
prescription, | 15 |
| does not prohibit drug product selection, a different
brand | 16 |
| name or nonbrand name drug product of the same generic name may
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| be dispensed by the pharmacist, provided that the selected drug
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| has
a unit price less than the drug product specified in the | 19 |
| prescription.
A generic drug determined to be therapeutically | 20 |
| equivalent by the
United States Food and Drug Administration | 21 |
| (FDA) shall be
available for substitution in Illinois in | 22 |
| accordance with this
Act and the Illinois Food, Drug and | 23 |
| Cosmetic Act, provided that
each manufacturer submits to the | 24 |
| Director of the Department of Public Health a notification | 25 |
| containing product
technical bioequivalence information as a | 26 |
| prerequisite to product
substitution when they have completed |
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| all required testing to
support FDA product approval and, in | 2 |
| any event, the information
shall be submitted no later than 60 | 3 |
| days prior to product
substitution in the State.
On the | 4 |
| prescription forms of prescribers,
shall be placed a signature | 5 |
| line and the words
"may not substitute". The prescriber, in his | 6 |
| or her own handwriting,
shall place a mark beside "may not | 7 |
| substitute"
to direct
the pharmacist in the dispensing of the | 8 |
| prescription.
Preprinted or rubber stamped marks, or other | 9 |
| deviations from
the above prescription format shall not be | 10 |
| permitted. The prescriber
shall sign the form in his or her own | 11 |
| handwriting to authorize the
issuance of the prescription. If a | 12 |
| prescription has been substituted from a brand name drug to a | 13 |
| generic, then it shall be the policy of the pharmacy to provide | 14 |
| written notice of this substitution to the patient. If the | 15 |
| Department finds a pattern and practice of not following its | 16 |
| policy, then it shall be considered a violation of this Act.
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| In every case in which a selection is made as permitted by | 18 |
| the Illinois
Food, Drug and Cosmetic Act, the pharmacist shall | 19 |
| indicate on the pharmacy
record of the filled prescription the | 20 |
| name or other identification
of the manufacturer of the drug | 21 |
| which has been dispensed.
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| The selection of any drug product by a pharmacist shall not | 23 |
| constitute
evidence of negligence if the selected nonlegend | 24 |
| drug product was of
the same dosage form and each of its active | 25 |
| ingredients did not vary
by more than 1 percent from the active | 26 |
| ingredients of the prescribed,
brand name, nonlegend drug |
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| product. Failure of a prescribing
physician to specify that | 2 |
| drug product selection is prohibited does not
constitute | 3 |
| evidence of negligence
unless that practitioner has reasonable | 4 |
| cause to believe that the health
condition of the patient for | 5 |
| whom the physician is prescribing warrants
the use of the brand | 6 |
| name drug product and not another.
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| The Department is authorized to employ an analyst or | 8 |
| chemist of recognized
or approved standing whose duty it shall | 9 |
| be to examine into any claimed
adulteration, illegal | 10 |
| substitution, improper selection, alteration,
or other | 11 |
| violation hereof, and report the result of his investigation,
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| and if such report justify such action the Department shall | 13 |
| cause the
offender to be prosecuted.
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| (Source: P.A. 94-936, eff. 6-26-06; 95-689, eff. 10-29-07.)".
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