99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2131
 
Introduced 5/6/2015, by Sen. Dan Kotowski
 
SYNOPSIS AS INTRODUCED:
 

 
225 ILCS 85/26

     Amends the Pharmacy Practice Act. Provides that pharmacists may not interchange an atypical anti-psychotic drug or targeted immune modulator without notification and documented consent by the prescribing practitioner and the patient or patient's parent, legal guardian, or spouse. Provides that if the pharmacist does substitute a drug, then the pharmacist shall provide written notice to the patient no later than the time the prescription is dispensed. Provides that these provisions shall not be construed to prohibit generic drug substitution as provided for in the Pharmacy Practice Act. Effective immediately.
  


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A BILL FOR
 

  
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1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Pharmacy Practice Act is amended  by changing 
5Section 26 as follows:
 
6    (225 ILCS 85/26)
7    (Section scheduled to be repealed on January 1, 2018)
8    Sec. 26. Anti-epileptic, atypical anti-psychotic, and 
9targeted immune modulator (TIM) drug product change selection 
10prohibited.
11    (a) The General Assembly finds that this Section is 
12necessary for the immediate preservation of the public peace, 
13health, and safety.
14    (b) In this Section:
15    "Anti-epileptic drug" means (i) any drug prescribed for the 
16treatment of epilepsy or (ii) a drug used to treat or prevent 
17seizures.
18    "Epilepsy" means a neurological condition characterized by 
19recurrent seizures.
20    "Seizure" means a brief disturbance in the electrical 
21activity of the brain.
22    (c) When the prescribing physician has indicated on the 
23original prescription "may not substitute", a pharmacist may 
 
 
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1not interchange an anti-epileptic drug or formulation of an 
2anti-epileptic drug for the treatment of epilepsy, an atypical 
3anti-psychotic drug, or targeted immune modulator (TIM) 
4without notification and the documented consent of the 
5prescribing practitioner physician and the patient or the 
6patient's parent, legal guardian, or spouse.
This Section does 
7not apply to medication orders issued for anti-epileptic drugs, 
8atypical anti-psychotic drugs, or targeted immune modulators 
9for any in-patient care in a licensed hospital.

10    (d) If a pharmacist substitutes any generic prescription in 
11place of any other a brand-name anti-epileptic drug, atypical 
12anti-psychotic drug, or targeted immune modulator, then the 
13pharmacist shall provide written notice to the patient no later 
14than the time the prescription is dispensed. 
15    (e) Nothing in this Section shall be construed to prohibit 
16generic drug substitution as provided for in Section 25 of this 
17Act. 
18(Source: P.A. 97-456, eff. 1-1-12.)
 

19    Section 99. Effective date. This Act takes effect upon 
20becoming law.