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91_HB2861
LRB9104985DJcd
1 AN ACT to amend the Illinois Food, Drug and Cosmetic Act
2 by changing Section 3.14.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Food, Drug and Cosmetic Act is
6 amended by changing Section 3.14 as follows:
7 (410 ILCS 620/3.14) (from Ch. 56 1/2, par. 503.14)
8 Sec. 3.14. Dispensing or causing to be dispensed a
9 different drug in place of the drug or brand of drug ordered
10 or prescribed without the express permission of the person
11 ordering or prescribing. However, this Section does not
12 prohibit the interchange of different brands of the same
13 generically equivalent drug product, when such drug products
14 are not required to bear the legend "Caution: Federal law
15 prohibits dispensing without prescription", provided that the
16 same dosage form is dispensed and there is no greater than 1%
17 variance in the stated amount of each active ingredient of
18 such drug products. Nothing in this Section shall prohibit
19 the selection of different brands of the same generic drug,
20 based upon a positive drug formulary listing which is
21 developed, maintained, and issued by the Department of Public
22 Health under which drug product selection within a generic
23 class, or selection of specific products for those
24 prescribed, is permitted. Determination of products which
25 may be selected shall be recommended by a Technical Advisory
26 Council of the Department, selected by the Director of Public
27 Health, which council shall consist of 7 persons including 2
28 physicians, 2 pharmacists, 2 pharmacologists and one other
29 prescriber who have special knowledge of generic drugs and
30 formulary. Technical Advisory Council members shall serve
31 without pay, and shall be appointed for a 3 year term and
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1 until their successors are appointed and qualified. The
2 procedures for operation of the Drug Product Selection
3 Program shall be promulgated by the Director, however the
4 actual list of products approved for drug product selection
5 need not be promulgated. The Technical Advisory Council shall
6 take cognizance of federal studies, the U.S. Pharmacopoeia -
7 National Formulary, or other recognized authoritative
8 sources, and shall advise the Director of any necessary
9 modifications.
10 Timely notice of revisions to the formulary shall be
11 furnished at no charge to all pharmacies by the Department.
12 Single copies of the drug formulary shall be made available
13 at no charge upon request to licensed prescribers, student
14 pharmacists, and pharmacists practicing pharmacy in this
15 State under a reciprocal license. The Department shall offer
16 subscriptions to the drug formulary and its revisions to
17 other interested parties at a reasonable charge to be
18 established by rule. Before the Department makes effective
19 any additions to or deletions from the procedures for
20 operation of the Drug Product Selection Program under this
21 Section, the Department shall file proposed rules to amend
22 the procedures for operation of the program under Section
23 5-40 of the Illinois Administrative Procedure Act. The
24 Department shall issue necessary rules and regulations for
25 the implementation of this Section.
26 Nothing in this Section shall prohibit the dispensing of
27 a different drug product in place of a specifically
28 prescribed drug product by a pharmacy licensed under the
29 Pharmacy Practice Act of 1987 to a patient in a hospital
30 licensed under the Hospital Licensing Act or the University
31 of Illinois Hospital Act, or a facility operated by the
32 Department of Human Services or the Department of
33 Corrections, or to a resident of a facility licensed under
34 the Nursing Home Care Act, provided that dispensing of the
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1 drug product is permitted pursuant to written guidelines or
2 procedures (i) previously established by a Pharmacy and
3 Therapeutics Committee of the hospital or facility, (ii)
4 approved by the medical staff of the hospital or facility,
5 (iii) specifically approved, in writing, by the prescribing
6 physician for his or her patients in the hospital or
7 facility, and (iv) providing that the physician retains the
8 right to insist upon the dispensing of the specifically
9 prescribed drug to his or her patient.
10 (Source: P.A. 87-860; 87-1237; 88-45.)