SB1413sam001 103RD GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 2/23/2023

10300SB1413sam001 LRB103 28324 SPS 57793 a

AMENDMENT TO SENATE BILL 1413

AMENDMENT NO. ______. Amend Senate Bill 1413 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Sale of Pharmaceuticals on Social Media Act.

Section 5. Definition. As used in this Act:

"Individual" does not include a manufacturer or distributor identified on the label of a drug approved under the Federal Food, Drug, and Cosmetic Act, a biological product licensed under the Public Health Service Act, or a drug marketed in accordance with an over-the-counter monograph under the Federal Food, Drug, and Cosmetic Act.

"Social media" has the same meaning as defined in Section 6-5 of the Liquor Control Act of 1934.

Section 10. Sale of pharmaceuticals on social media; verification process. Notwithstanding any other provision of law, no individual shall sell or advertise the sale of a pharmaceutical on social media unless the individual has completed the following verification process:

(1) the individual shall submit an image of both the front and back of the individual's state-issued identification card to the social media platform upon or through which the pharmaceutical is to be sold or advertised;

(2) a disclaimer must be included in any advertisement for the pharmaceutical on the social media platform that clearly discloses the name of the individual selling the pharmaceutical;

(3) the individual must be identified on the social media page upon which the pharmaceutical is being sold or advertised; and

(4) the individual must display a disclaimer on the individual's main page on the social media platform stating that the owner or operator sells or advertises the pharmaceutical on that social media platform.".