96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5517

 

Introduced 2/9/2010, by Rep. Rosemary Mulligan

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 85/25   from Ch. 111, par. 4145

    Amends the Pharmacy Practice Act. In a provision concerning dispensing prescriptions, provides that if the physician or other authorized prescriber prescribes a specific generic drug, then the pharmacist must notify the patient or customer when he or she is dispensing a generic drug other than the specific generic drug prescribed. Provides that if a physician or other authorized prescriber changes a patient's prescription to a generic drug other than the specific drug that was originally prescribed, then the pharmacist must notify the patient or customer of this change at the time of dispensing that drug. Effective immediately.


LRB096 18915 ASK 34303 b

 

 

A BILL FOR

 

HB5517 LRB096 18915 ASK 34303 b

1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Pharmacy Practice Act is amended by changing
5 Section 25 as follows:
 
6     (225 ILCS 85/25)  (from Ch. 111, par. 4145)
7     (Section scheduled to be repealed on January 1, 2018)
8     Sec. 25. No person shall compound, or sell or offer for
9 sale, or cause to be compounded, sold or offered for sale any
10 medicine or preparation under or by a name recognized in the
11 United States Pharmacopoeia National Formulary, for internal
12 or external use, which differs from the standard of strength,
13 quality or purity as determined by the test laid down in the
14 United States Pharmacopoeia National Formulary official at the
15 time of such compounding, sale or offering for sale. Nor shall
16 any person compound, sell or offer for sale, or cause to be
17 compounded, sold, or offered for sale, any drug, medicine,
18 poison, chemical or pharmaceutical preparation, the strength
19 or purity of which shall fall below the professed standard of
20 strength or purity under which it is sold. Except as set forth
21 in Section 26 of this Act, if the physician or other authorized
22 prescriber, when transmitting an oral or written prescription,
23 does not prohibit drug product selection, a different brand

 

 

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1 name or nonbrand name drug product of the same generic name may
2 be dispensed by the pharmacist, provided that the selected drug
3 has a unit price less than the drug product specified in the
4 prescription. A generic drug determined to be therapeutically
5 equivalent by the United States Food and Drug Administration
6 (FDA) shall be available for substitution in Illinois in
7 accordance with this Act and the Illinois Food, Drug and
8 Cosmetic Act, provided that each manufacturer submits to the
9 Director of the Department of Public Health a notification
10 containing product technical bioequivalence information as a
11 prerequisite to product substitution when they have completed
12 all required testing to support FDA product approval and, in
13 any event, the information shall be submitted no later than 60
14 days prior to product substitution in the State. On the
15 prescription forms of prescribers, shall be placed a signature
16 line and the words "may not substitute". The prescriber, in his
17 or her own handwriting, shall place a mark beside "may not
18 substitute" to direct the pharmacist in the dispensing of the
19 prescription. Preprinted or rubber stamped marks, or other
20 deviations from the above prescription format shall not be
21 permitted. The prescriber shall sign the form in his or her own
22 handwriting to authorize the issuance of the prescription.
23     If the physician or other authorized prescriber prescribes
24 a specific generic drug, then the pharmacist must notify the
25 patient or customer when he or she is dispensing a generic drug
26 other than the specific generic drug prescribed. If a physician

 

 

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1 or other authorized prescriber changes a patient's
2 prescription to a generic drug other than the specific drug
3 that was originally prescribed, then the pharmacist must notify
4 the patient or customer of this change at the time of
5 dispensing that drug.
6     In every case in which a selection is made as permitted by
7 the Illinois Food, Drug and Cosmetic Act, the pharmacist shall
8 indicate on the pharmacy record of the filled prescription the
9 name or other identification of the manufacturer of the drug
10 which has been dispensed.
11     The selection of any drug product by a pharmacist shall not
12 constitute evidence of negligence if the selected nonlegend
13 drug product was of the same dosage form and each of its active
14 ingredients did not vary by more than 1 percent from the active
15 ingredients of the prescribed, brand name, nonlegend drug
16 product. Failure of a prescribing physician to specify that
17 drug product selection is prohibited does not constitute
18 evidence of negligence unless that practitioner has reasonable
19 cause to believe that the health condition of the patient for
20 whom the physician is prescribing warrants the use of the brand
21 name drug product and not another.
22     The Department is authorized to employ an analyst or
23 chemist of recognized or approved standing whose duty it shall
24 be to examine into any claimed adulteration, illegal
25 substitution, improper selection, alteration, or other
26 violation hereof, and report the result of his investigation,

 

 

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1 and if such report justify such action the Department shall
2 cause the offender to be prosecuted.
3 (Source: P.A. 94-936, eff. 6-26-06; 95-689, eff. 10-29-07.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.