HB0084 EnrolledLRB098 02833 RPM 32842 b

1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wholesale Drug Distribution Licensing Act is
5amended by adding Section 200 as follows:
 
6    (225 ILCS 120/200 new)
7    Sec. 200. Drugs in shortage.
8    (a) For the purpose of this Section, "drug in shortage"
9means a drug, as defined in Section 356c of the Federal Food,
10Drug, and Cosmetic Act, listed on the drug shortage list
11maintained by the U.S. Food and Drug Administration in
12accordance with Section 356e of the Federal Food, Drug, and
13Cosmetic Act.
14    (b) Any person engaged in the wholesale distribution of a
15drug in shortage in this State must be licensed by the
16Department.
17    (c) It is unlawful for any person, other than a
18manufacturer, a manufacturer's exclusive distributor, a third
19party logistics provider, or an authorized distributor of
20record, to purchase or receive a drug in shortage from any
21person not licensed by the Department. This subsection (c) does
22not apply to the return of drugs or the purchase or receipt of
23drugs pursuant to any of the distributions that are

 

 

HB0084 Enrolled- 2 -LRB098 02833 RPM 32842 b

1specifically excluded from the definition of "wholesale
2distribution" in Section 15 of the Wholesale Drug Distribution
3Licensing Act.
4    (d) A person found to have violated a provision of this
5Section shall be subject to administrative fines, orders for
6restitution, and orders for disgorgement.
7    (e) The Department shall create a centralized, searchable
8database of those entities licensed to engage in wholesale
9distribution, including manufacturers, wholesale distributors,
10and pharmacy distributors, to enable purchasers of a drug in
11shortage to easily verify the licensing status of an entity
12offering such drugs.
13    (f) The Department shall establish a system for reporting
14the reasonable suspicion that a violation of this Act has been
15committed by a distributor of a drug in shortage. Reports made
16through this system shall be referred to the Office of the
17Attorney General and the appropriate State's Attorney's office
18for further investigation and prosecution.
19    (g) The Department shall adopt rules to carry out the
20provisions of this Section.
21    (h) Nothing in this Section prohibits one hospital pharmacy
22from purchasing or receiving a drug in shortage from another
23hospital pharmacy in the event of a medical emergency.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.