Bill Status of SB 509   95th General Assembly

Short Description:  WHOLESALE LIC/PRESC INTEGRITY

Senate Sponsors
Sen. Terry Link-Kirk W. Dillard-M. Maggie Crotty-Mattie Hunter

House Sponsors
(Rep. Jack D. Franks-Elizabeth Coulson-John E. Bradley)


Last Action  View All Actions

DateChamber Action
  10/29/2007SenatePublic Act . . . . . . . . . 95-0689

Statutes Amended In Order of Appearance
New Act
5 ILCS 80/4.28 new
225 ILCS 85/10from Ch. 111, par. 4130

Synopsis As Introduced
Creates the Wholesale Licensure and Prescription Medication Integrity Act. Provides that every resident wholesale distributor who engages in the wholesale distribution of prescription drugs must be licensed by the Department, and every non-resident wholesale distributor must be licensed in this State if it ships prescription drugs into this State. Sets forth provisions concerning licensure, bond requirements, restrictions on transactions, a pedigree, prohibited acts, enforcement, and penalties. Amends the Regulatory Sunset Act to set a repeal date for the new Act of January 1, 2018. Amends the Pharmacy Practice Act of 1987 to make a related change. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
5 ILCS 80/4.28 new
225 ILCS 85/10

Deletes everything after the enacting clause. Creates the Wholesale Licensure and Prescription Medication Integrity Act. Contains only a short title provision.

Senate Floor Amendment No. 2
Adds reference to:
5 ILCS 80/4.28 new
225 ILCS 85/10from Ch. 111, par. 4130

Deletes everything after the enacting clause. Reinserts the provisions of the bill as introduced with the following changes. Makes changes to the definition of "chain pharmacy warehouse", "manufacturer", and "normal distribution channel"; removes the definition of "co-licensed product"; and adds a definition for "co-licensed partner or product". Makes changes in provisions concerning the information required to be provided by the designated representative and the prohibited activities of applicants for licensure. Exempts chain pharmacy warehouses that are not engaged in wholesale distribution (instead of chain pharmacy warehouses that are engaged only in intracompany transfers) from the bond requirement of the Act. Makes changes in Sections concerning restrictions on transactions and prohibited acts. In the Section concerning the pedigree, changes certain references to "track and trace pedigree technology" and "electronic pedigree" to "track and trace technology" and requires that each pedigree or electronic file be maintained by the purchaser and wholesale distributor for at least 3 years (instead of just 3 years) from the date of sale or transfer. Sets forth a penalty for any person who engages in the wholesale distribution of prescription drugs in violation of the Act and who does so in a grossly negligent manner. Makes other changes. Effective immediately.

House Amendment No. 6
Deletes reference to:
New Act
Adds reference to:
5 ILCS 80/4.18
20 ILCS 105/4.01from Ch. 23, par. 6104.01
20 ILCS 1705/56from Ch. 91 1/2, par. 100-56
20 ILCS 2105/2105-400
20 ILCS 2310/2310-140was 20 ILCS 2310/55.37a
65 ILCS 5/11-22-1from Ch. 24, par. 11-22-1
105 ILCS 55/25
215 ILCS 5/512-7from Ch. 73, par. 1065.59-7
215 ILCS 125/2-3.1from Ch. 111 1/2, par. 1405.1
225 ILCS 25/51from Ch. 111, par. 2351
225 ILCS 47/15
225 ILCS 60/33from Ch. 111, par. 4400-33
225 ILCS 80/3from Ch. 111, par. 3903
225 ILCS 85/2from Ch. 111, par. 4122
225 ILCS 85/2.5 new
225 ILCS 85/3from Ch. 111, par. 4123
225 ILCS 85/5from Ch. 111, par. 4125
225 ILCS 85/6from Ch. 111, par. 4126
225 ILCS 85/7from Ch. 111, par. 4127
225 ILCS 85/7.5
225 ILCS 85/8from Ch. 111, par. 4128
225 ILCS 85/9from Ch. 111, par. 4129
225 ILCS 85/9.5 new
225 ILCS 85/11from Ch. 111, par. 4131
225 ILCS 85/12from Ch. 111, par. 4132
225 ILCS 85/13from Ch. 111, par. 4133
225 ILCS 85/14.1 new
225 ILCS 85/15from Ch. 111, par. 4135
225 ILCS 85/16from Ch. 111, par. 4136
225 ILCS 85/16afrom Ch. 111, par. 4136a
225 ILCS 85/16b new
225 ILCS 85/17from Ch. 111, par. 4137
225 ILCS 85/17.1
225 ILCS 85/18from Ch. 111, par. 4138
225 ILCS 85/19from Ch. 111, par. 4139
225 ILCS 85/20from Ch. 111, par. 4140
225 ILCS 85/22from Ch. 111, par. 4142
225 ILCS 85/22a
225 ILCS 85/22b new
225 ILCS 85/25from Ch. 111, par. 4145
225 ILCS 85/25.5 new
225 ILCS 85/25.10 new
225 ILCS 85/25.15 new
225 ILCS 85/25.20 new
225 ILCS 85/26
225 ILCS 85/27from Ch. 111, par. 4147
225 ILCS 85/30from Ch. 111, par. 4150
225 ILCS 85/35.1from Ch. 111, par. 4155.1
225 ILCS 85/35.2from Ch. 111, par. 4155.2
225 ILCS 85/35.5from Ch. 111, par. 4155.5
225 ILCS 85/35.7from Ch. 111, par. 4155.7
225 ILCS 85/35.10from Ch. 111, par. 4155.10
225 ILCS 85/35.12from Ch. 111, par. 4155.12
225 ILCS 85/35.16from Ch. 111, par. 4155.16
225 ILCS 85/35.19from Ch. 111, par. 4155.19
225 ILCS 115/17from Ch. 111, par. 7017
225 ILCS 120/3 new
225 ILCS 120/15from Ch. 111, par. 8301-15
225 ILCS 120/24 new
225 ILCS 120/25from Ch. 111, par. 8301-25
225 ILCS 120/55from Ch. 111, par. 8301-55
225 ILCS 120/56 new
225 ILCS 120/57 new
225 ILCS 120/58 new
225 ILCS 120/59 new
305 ILCS 5/8A-7.1from Ch. 23, par. 8A-7.1
320 ILCS 20/2from Ch. 23, par. 6602
320 ILCS 25/3.17from Ch. 67 1/2, par. 403.17
320 ILCS 55/15
410 ILCS 620/2.22from Ch. 56 1/2, par. 502.22
410 ILCS 620/3.14from Ch. 56 1/2, par. 503.14
410 ILCS 620/3.21from Ch. 56 1/2, par. 503.21
430 ILCS 35/13from Ch. 111 1/2, par. 263
720 ILCS 510/11from Ch. 38, par. 81-31
720 ILCS 570/102from Ch. 56 1/2, par. 1102
720 ILCS 570/103from Ch. 56 1/2, par. 1103
720 ILCS 646/110
720 ILCS 648/25
720 ILCS 648/50
740 ILCS 120/2from Ch. 70, par. 602
225 ILCS 85/14 rep.
225 ILCS 85/35.11 rep.
225 ILCS 120/45 rep.

Deletes everything after the enacting clause. Amends the Regulatory Sunset Act to extend the repeal of the Pharmacy Practice Act of 1987 (which is changed to the Pharmacy Practice Act) to January 1, 2018. Amends the Pharmacy Practice Act of 1987. Changes the name of the Act to the Pharmacy Practice Act. Deletes references to registered pharmacists. Makes changes to provisions concerning licensure requirements. Sets forth provisions concerning emergency licensure and the activities that may be performed by a registered pharmacy technician. Replaces references to "student pharmacist" with "pharmacy intern". Provides for the certification of registered pharmacy technicians who meet certain qualifications as certified pharmacy technicians and requires that registered pharmacy technicians obtain certification within 2 years after being employed as a registered pharmacy technician. Makes changes in provisions concerning pharmacy requirements, including removing references to the licensure of pharmacies by division. Changes time periods related to the cessation of a pharmacist in charge's function as such and the reporting of a pharmacy's closing inventory and final disposition of drugs from 10 days to 30 days. Provides for the picking up of prescription orders and the dropping off of prescriptions by a pharmacist or pharmacy at the request of the patient. Sets forth provisions concerning the dispensing of prescriptions contained in a common database and automated pharmacy systems and remote dispensing. Makes changes to provisions concerning drug substitution and dispensation. Provides that the Section concerning the prohibition on anti-epileptic drug product selection does not apply to medication orders issued for anti-epileptic drugs for any in-patient in a licensed hospital. Adds provisions concerning centralized prescription filling, remote prescription processing, and electronic visual image prescriptions. Allows for the practice of telepharmacy, which is defined as the provision of pharmacist care by a pharmacist that is accomplished through the use of telecommunications or other technologies to patients or their agents who are at a distance and are located within the United States, and which follows all federal and State laws, rules, and regulations with regard to privacy and security. Provides for the imposition of a fine not to exceed $10,000 per violation upon a licensee or registrant for violations of the Act. Makes other changes. Repeals Sections concerning structural and equipment requirements and State liability for special damages. Amends various Acts to reflect the name change of the Pharmacy Practice Act. Amends the Wholesale Drug Distribution Licensing Act. Provides that the Department shall require every wholesale distributor applying for licensure to submit a bond not to exceed $100,000 or another equivalent means of security acceptable to the Department. Replaces the requirements of licensure for all wholesale distributors and pharmacy distributors, wherever located, who engage in wholesale distribution into, out of, or within the State and instead requires that every resident wholesale distributor who engages in the distribution of prescription drugs must be licensed by the Department and that every non-resident wholesale distributor be licensed in the State if it ships prescription drugs into this State. Makes changes in a provision concerning disciplinary grounds. Sets forth provisions concerning restrictions on transactions under the Act, the requirement of a pedigree, prohibited acts, and enforcement and an order to cease distribution of a drug. Repeals the Section establishing the Wholesale Drug Distributor Advisory Committee. Makes other changes. Effective immediately, except that certain provisions of the Pharmacy Practice Act of 1987 take effect January 1, 2010.

House Amendment No. 7
Exempts warehouses that are operated by agencies of the State and that are not engaged in wholesale distribution from the bond requirement set forth in the Wholesale Drug Distribution Licensing Act.

House Amendment No. 8
Adds reference to:
225 ILCS 120/35from Ch. 111, par. 8301-35
720 ILCS 570/301from Ch. 56 1/2, par. 1301
720 ILCS 570/309from Ch. 56 1/2, par. 1309

Further amends the Pharmacy Practice Act of 1987, the Wholesale Drug Distribution Licensing Act, and the Illinois Controlled Substances Act to exempt a licensed or regulated pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is owned and operated by the State from licensure, registration, renewal, and other fees required under the Acts. In a Section of the Illinois Controlled Substances Act concerning certain prescription drugs, provides that the Department of Human Services shall provide, at no cost, audit reviews and necessary information to the Department of Financial and Professional Regulation in conjunction with ongoing investigations being conducted in whole or part by the Department of Financial and Professional Regulation.

Actions 
DateChamber Action
  2/8/2007SenateFiled with Secretary by Sen. Terry Link
  2/8/2007SenateFirst Reading
  2/8/2007SenateReferred to Rules
  2/21/2007SenateAssigned to Licensed Activities
  2/23/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  2/23/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/1/2007SenateSenate Committee Amendment No. 1 Rules Refers to Licensed Activities
  3/1/2007SenateSenate Committee Amendment No. 1 Adopted
  3/2/2007SenateDo Pass as Amended Licensed Activities; 009-000-000
  3/2/2007SenatePlaced on Calendar Order of 2nd Reading March 6, 2007
  3/22/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
  3/22/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  3/22/2007SenateSecond Reading
  3/22/2007SenatePlaced on Calendar Order of 3rd Reading March 27, 2007
  3/22/2007SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  3/27/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link
  3/27/2007SenateSenate Floor Amendment No. 3 Referred to Rules
  3/27/2007SenateSenate Floor Amendment No. 2 Rules Refers to Licensed Activities
  3/28/2007SenateSenate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 007-000-000
  3/28/2007SenateAdded as Chief Co-Sponsor Sen. M. Maggie Crotty
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  5/8/2007SenateRecalled to Second Reading
  5/8/2007SenateSenate Floor Amendment No. 2 Adopted; Link
  5/8/2007SenatePlaced on Calendar Order of 3rd Reading
  5/8/2007SenateThird Reading - Passed; 056-000-000
  5/8/2007SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/8/2007HouseArrived in House
  5/8/2007HousePlaced on Calendar Order of First Reading
  5/8/2007HouseChief House Sponsor Rep. Jack D. Franks
  5/9/2007HouseFirst Reading
  5/9/2007HouseReferred to Rules Committee
  5/14/2007HouseAssigned to State Government Administration Committee
  5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007
  5/23/2007HouseDo Pass / Short Debate State Government Administration Committee; 011-000-000
  5/23/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2007HouseSecond Reading - Short Debate
  5/24/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2007HouseRecalled to Second Reading - Short Debate
  5/24/2007HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2007HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  5/28/2007HouseHouse Amendment No. 1 Filed with Clerk by Rep. Elizabeth Coulson
  5/28/2007HouseHouse Amendment No. 1 Referred to Rules Committee
  5/29/2007HouseHouse Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
  5/29/2007HouseHouse Amendment No. 2 Referred to Rules Committee
  5/29/2007HouseHouse Amendment No. 3 Filed with Clerk by Rep. Elizabeth Coulson
  5/29/2007HouseHouse Amendment No. 3 Referred to Rules Committee
  5/29/2007HouseHouse Amendment No. 4 Filed with Clerk by Rep. Jack D. Franks
  5/29/2007HouseHouse Amendment No. 4 Referred to Rules Committee
  5/30/2007HouseHouse Amendment No. 5 Filed with Clerk by Rep. Jack D. Franks
  5/30/2007HouseHouse Amendment No. 5 Referred to Rules Committee
  5/31/2007HouseFinal Action Deadline Extended-9(b) June 8, 2007
  6/8/2007HouseFinal Action Deadline Extended-9(b) June 15, 2007
  6/15/2007HouseFinal Action Deadline Extended-9(b) June 22, 2007
  6/20/2007HouseHouse Amendment No. 6 Filed with Clerk by Rep. Jack D. Franks
  6/20/2007HouseHouse Amendment No. 6 Referred to Rules Committee
  6/22/2007HouseFinal Action Deadline Extended-9(b) June 30, 2007
  6/28/2007HouseHouse Amendment No. 6 Rules Refers to State Government Administration Committee
  6/30/2007HouseFinal Action Deadline Extended-9(b) July 31, 2007
  7/11/2007HouseHouse Amendment No. 7 Filed with Clerk by Rep. John E. Bradley
  7/11/2007HouseHouse Amendment No. 7 Referred to Rules Committee
  7/11/2007HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley
  7/11/2007HouseHouse Amendment No. 6 Recommends Be Adopted State Government Administration Committee; 010-000-000
  7/13/2007HouseHouse Amendment No. 8 Filed with Clerk by Rep. John E. Bradley
  7/13/2007HouseHouse Amendment No. 8 Referred to Rules Committee
  7/20/2007HouseHouse Amendment No. 7 Recommends Be Adopted Rules Committee; 003-000-000
  7/20/2007HouseHouse Amendment No. 8 Recommends Be Adopted Rules Committee; 003-000-000
  7/26/2007HouseHouse Amendment No. 6 Adopted by Voice Vote
  7/26/2007HouseHouse Amendment No. 7 Adopted by Voice Vote
  7/26/2007HouseHouse Amendment No. 8 Adopted by Voice Vote
  7/26/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  7/26/2007HouseThird Reading - Short Debate - Passed 114-000-000
  7/26/2007HouseHouse Amendment No. 1 Tabled Pursuant to Rule 40(a)
  7/26/2007HouseHouse Amendment No. 2 Tabled Pursuant to Rule 40(a)
  7/26/2007HouseHouse Amendment No. 3 Tabled Pursuant to Rule 40(a)
  7/26/2007HouseHouse Amendment No. 4 Tabled Pursuant to Rule 40(a)
  7/26/2007HouseHouse Amendment No. 5 Tabled Pursuant to Rule 40(a)
  7/26/2007SenateSecretary's Desk - Concurrence House Amendment(s) 06,07,08
  7/26/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 06,07,08 - July 27, 2007
  7/26/2007SenateHouse Amendment No. 6 Motion to Concur Filed with Secretary Sen. Terry Link
  7/26/2007SenateHouse Amendment No. 6 Motion to Concur Referred to Rules
  7/26/2007SenateHouse Amendment No. 7 Motion to Concur Filed with Secretary Sen. Terry Link
  7/26/2007SenateHouse Amendment No. 7 Motion to Concur Referred to Rules
  7/26/2007SenateHouse Amendment No. 8 Motion to Concur Filed with Secretary Sen. Terry Link
  7/26/2007SenateHouse Amendment No. 8 Motion to Concur Referred to Rules
  7/31/2007SenateHouse Amendment No. 6 Motion to Concur Rules Referred to Licensed Activities
  7/31/2007SenateHouse Amendment No. 7 Motion to Concur Rules Referred to Licensed Activities
  7/31/2007SenateHouse Amendment No. 8 Motion to Concur Rules Referred to Licensed Activities
  8/1/2007SenateHouse Amendment No. 6 Motion To Concur Recommended Do Adopt Licensed Activities; 006-000-000
  8/1/2007SenateHouse Amendment No. 7 Motion To Concur Recommended Do Adopt Licensed Activities; 006-000-000
  8/1/2007SenateHouse Amendment No. 8 Motion To Concur Recommended Do Adopt Licensed Activities; 006-000-000
  8/1/2007Senate3/5 Vote Required
  8/1/2007SenateHouse Amendment No. 6 Senate Concurs 047-000-000
  8/1/2007Senate3/5 Vote Required
  8/1/2007SenateHouse Amendment No. 7 Senate Concurs 047-000-000
  8/1/2007Senate3/5 Vote Required
  8/1/2007SenateHouse Amendment No. 8 Senate Concurs 047-000-000
  8/1/2007SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  8/1/2007SenatePassed Both Houses
  8/30/2007SenateSent to the Governor
  10/29/2007SenateGovernor Approved
  10/29/2007SenateEffective Date October 29, 2007
  10/29/2007SenatePublic Act . . . . . . . . . 95-0689

Back To Top