93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2747


 
Introduced 2/5/2004, by Mattie Hunter
 
SYNOPSIS AS INTRODUCED:
 		














New Act





815 ILCS 505/2Z
  from Ch. 121 1/2, par. 262Z








    Creates the Profiteering in Prescription Drugs Act. Provides that a
manufacturer, distributor, or labeler of prescription drugs engages in illegal
profiteering if
that manufacturer, distributor, or labeler (i) exacts or demands an
unconscionable price,
(ii) exacts or demands prices or terms that lead to an unjust or unreasonable
profit, (iii)
discriminates unreasonably against any person in the sale, exchange,
distribution, or
handling of prescription drugs dispensed or delivered in this State, or (iv)
intentionally
prevents, limits, lessens, or restricts the sale or distribution of
prescription drugs in this
State. Provides a right of action and a civil penalty for violation. Provides
that violation
is a violation of the Consumer Fraud and Deceptive Business Practices Act.
Effective
immediately.
















LRB093 20681 AMC 46550 b

















 


 


A BILL FOR









 











SB2747

LRB093 20681 AMC 46550 b






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    AN ACT concerning prescription drugs. 

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


 
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    Section 1. Short title.  This Act may be cited as the 
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Profiteering in
Prescription Drugs Act.



 
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    Section 5. Definitions.  As used in this Act:


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    "Labeler" means an entity or person that receives 
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prescription drugs from a
manufacturer or wholesaler and 
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repackages those drugs for later retail sale and
that has a 
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labeler code from the federal Food and Drug Administration 
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under 21
C.F.R. 207.20 (1999).


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    "Manufacturer" means a manufacturer of prescription drugs 
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and includes a
subsidiary or affiliate of a manufacturer.



 
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    Section 10. Profiteering.  A manufacturer, distributor, or 
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labeler of
prescription
drugs engages in illegal profiteering 
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if that manufacturer, distributor, or
labeler does any
of the 
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following:


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        (1) Exacts or demands an unconscionable price.


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        (2) Exacts or demands prices or terms that lead to an 
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    unjust or
unreasonable profit.


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        (3) Discriminates unreasonably against any person in 
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    the sale, exchange,
distribution, or handling of 
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    prescription drugs dispensed or delivered in this
State.


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        (4) Intentionally prevents, limits, lessens, or 
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    restricts the sale or
distribution of prescription drugs in 
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    this State in response to the enactment
of this Act.



 
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    Section 15. Right of action and damages.  The State may 
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bring a civil action
for a
direct or indirect injury to any 
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person, group of persons, the State or a
political
subdivision 
30
of the State caused by a violation of this Act. There is a 
 


 






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right to
a jury trial in
any action brought under this Act. If 
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the State prevails, the defendant shall
pay 3 times
the amount 
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of damages and the costs of suit, including necessary and 
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reasonable
investigative costs, reasonable expert fees, and 
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reasonable attorney's fees.
After
deduction of
the costs of 
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distribution, the damages must be equitably distributed by the

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State to all
injured parties.



 
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    Section 20. Civil violation.  Each violation of this Act is 
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a civil violation
for
which the Attorney General may obtain, in 
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addition to other remedies,
injunctive relief
and a civil 
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penalty in an amount not to exceed $100,000, plus the costs of

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suit, including
necessary and reasonable investigative costs, 
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reasonable expert fees, and
reasonable
attorney's fees.



 
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    Section 25. Deceptive business practice.  A violation of 
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this Act is also a
violation of the Consumer Fraud and 
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Deceptive Business Practices Act.



 
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    Section 90. The Consumer Fraud and Deceptive Business 
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Practices Act is
amended by changing Section 2Z as follows:


 



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    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)


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    Sec. 2Z. Violations of other Acts. Any person who knowingly 
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violates
the Automotive Repair Act,
the Home Repair and 
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Remodeling Act,
the Dance Studio Act,
the Physical Fitness 
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Services Act,
the Hearing Instrument Consumer Protection Act,

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the Illinois Union Label Act,
the Job Referral and Job Listing 
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Services Consumer Protection Act,
the Travel Promotion 
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Consumer Protection Act,
the Credit Services Organizations 
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Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call 
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Services Consumer Protection Act,
the Telephone Solicitations 
29
Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery 
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Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery 
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Sales Act,
the Profiteering in Prescription Drugs Act, the High 
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Risk Home Loan Act, subsection (a) or (b) of Section 3-10 of 
 


 






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the
Cigarette Tax Act, subsection
(a) or (b) of Section 3-10 of 
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the Cigarette Use Tax Act, the Electronic
Mail Act, or 
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paragraph (6)
of
subsection (k) of Section 6-305 of the 
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Illinois Vehicle Code
commits an unlawful practice within the 
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meaning of this Act.

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(Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04.)



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