Full Text of HB2951 100th General Assembly
HB2951 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2951 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED: |
| 225 ILCS 60/33 | from Ch. 111, par. 4400-33 |
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Amends the Medical Practice Act of 1987. Except when dispensing manufacturers' samples or other legend drugs in a maximum 72 hour supply, requires persons licensed under the Act to label samples consistent with specified labeling requirements (rather than maintain a book or file of prescriptions as required in the Pharmacy Practice Act). Effective immediately.
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| | A BILL FOR |
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| | | HB2951 | | LRB100 04190 SMS 14196 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Medical Practice Act of 1987 is amended by | 5 | | changing Section 33 as follows:
| 6 | | (225 ILCS 60/33) (from Ch. 111, par. 4400-33)
| 7 | | (Section scheduled to be repealed on December 31, 2017)
| 8 | | Sec. 33. Legend drugs. | 9 | | (a) Any person licensed under this Act to practice medicine | 10 | | in all
of its branches shall be authorized to purchase legend | 11 | | drugs requiring an
order of a person authorized to prescribe | 12 | | drugs, and to dispense such legend
drugs in the regular course | 13 | | of practicing medicine. The dispensing of such
legend drugs | 14 | | shall be the personal act of the person licensed under this
Act | 15 | | and may not be delegated to any other person not licensed under | 16 | | this
Act or the Pharmacy Practice Act
unless such delegated
| 17 | | dispensing functions are under the direct supervision of the | 18 | | physician
authorized to dispense legend drugs. Except when | 19 | | dispensing manufacturers'
samples or other legend drugs in a | 20 | | maximum 72 hour supply, persons licensed
under this Act shall | 21 | | label these samples consistent with the labeling requirements | 22 | | of this Section maintain a book or file of prescriptions as | 23 | | required
in the Pharmacy Practice Act . Any person licensed |
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| 1 | | under this
Act who dispenses any drug or medicine shall | 2 | | dispense such drug or
medicine in good faith and shall affix to | 3 | | the box, bottle,
vessel or package containing the same a label | 4 | | indicating (1)
the date on which such drug or medicine is | 5 | | dispensed; (2)
the name of the patient; (3) the last name of | 6 | | the person
dispensing such drug or medicine; (4) the directions | 7 | | for use
thereof; and (5) the proprietary name or names or, if | 8 | | there
are none, the established name or names of the drug or
| 9 | | medicine, the dosage and quantity, except as otherwise
| 10 | | authorized by regulation of the Department.
For manufacturers' | 11 | | samples, the label shall indicate the following: (1) the | 12 | | proprietary name or names or, if there are none, the | 13 | | established name or names of the drug or medicine, (2) the | 14 | | dosage, and (3) the quantity of the sample given to a patient. | 15 | | (b) The labeling requirements set forth in subsection (a) | 16 | | shall
not apply to drugs or medicines in a package which bears | 17 | | a label of the
manufacturer containing information describing | 18 | | its contents
which is in compliance with requirements of the | 19 | | Federal
Food, Drug, and Cosmetic Act and the Illinois Food, | 20 | | Drug, and Cosmetic Act.
"Drug" and "medicine" have the meanings | 21 | | ascribed to them in the Pharmacy Practice
Act, as now or | 22 | | hereafter amended; "good faith" has the meaning
ascribed to it | 23 | | in subsection (u) of Section 102 of the Illinois Controlled
| 24 | | Substances Act.
| 25 | | (c) Prior to dispensing a prescription to a patient, the | 26 | | physician shall
offer a written prescription to the patient |
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| 1 | | which the patient may elect to
have filled by the physician or | 2 | | any licensed pharmacy.
| 3 | | (d) A violation of any provision of this Section shall | 4 | | constitute a violation
of this Act and shall be grounds for | 5 | | disciplinary action provided for in
this Act.
| 6 | | (e) Nothing in this Section shall be construed to authorize | 7 | | a chiropractic physician to prescribe drugs. | 8 | | (Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14 .)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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