Sen. Carol Ronen
Filed: 2/15/2006
 
 

 




 

 		












09400SB2578sam002

LRB094 17772 RAS 56097 a






1

AMENDMENT TO SENATE BILL 2578




2
    AMENDMENT NO. ______. Amend Senate Bill 2578 on page 3, 
3
immediately below line 28, by inserting the following:
4
    "(a) The General Assembly finds that this Section is 
5
necessary for the immediate preservation of the public peace, 
6
health, and safety."; and

 
7
on page 3, line 29, by replacing "(a)" with "(b)"; and
 
8
on page 3, by replacing lines 32 through 35 with the following:
9
"seizures.
10
    "Epilepsy" means a neurological condition characterized by 
11
recurrent seizures."; and 
 
12
on page 4, by replacing lines 1 through 25 with the following:
13
    ""Seizure" means a brief disturbance in the electrical 
14
activity of the brain.
15
    (c) When the prescribing physician has indicated on the 
16
original prescription "dispense as written" or "may not 
17
substitute", a pharmacist may not interchange an 
18
anti-epileptic drug or formulation of an anti-epileptic drug 
19
for the treatment of epilepsy without notification and the 
20
documented consent of the prescribing physician and the patient 
21
or the patient's parent, legal guardian, or spouse.
 
22
    Section 10. The Illinois Food, Drug and Cosmetic Act is 
 


 






09400SB2578sam002
- 2 -
LRB094 17772 RAS 56097 a




1
amended  by changing Section 3.14 as follows:
 



2
    (410 ILCS 620/3.14)  (from Ch. 56 1/2, par. 503.14)



3
    Sec. 3.14. Dispensing or causing to be dispensed a 
4
different drug  in
place of the drug or brand of drug ordered or 
5
prescribed without the
express permission of the person 
6
ordering or prescribing.
Except as set forth in Section 26 of 
7
the Pharmacy Practice Act
However, this Section does not 
8
prohibit the interchange of different brands
of the same 
9
generically equivalent drug product, when the drug
products
are 
10
not required to bear the legend "Caution: Federal law prohibits 
11
dispensing
without prescription", provided that the same 
12
dosage form is dispensed and
there is no greater than 1% 
13
variance in the stated amount of each active
ingredient of the 
14
drug products.
A generic drug determined to be therapeutically 
15
equivalent by the
United States Food and Drug Administration 
16
(FDA) shall be available
for substitution in Illinois in 
17
accordance with this Act and the
Pharmacy Practice Act of 1987, 
18
provided that each manufacturer
submits to the Director of the 
19
Department of Public Health a notification containing product 
20
technical
bioequivalence information as a prerequisite to 
21
product
substitution when they have completed all required 
22
testing to
support FDA product approval and, in any event, the 
23
information
shall be submitted no later than 60 days prior to 
24
product
substitution in the State.

25
(Source: P.A. 92-112, eff. 7-20-01; 93-841, eff. 7-30-04.)".