HB3778 102ND GENERAL ASSEMBLY

LRB102 12512 JLS 17849 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3778

Introduced 2/22/2021, by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2WWW new

Amends the Consumer Fraud and Deceptive Business Practices Act. Bans the advertising of prescription drugs through broadcast by a television or radio station in this State, over the Internet from a location in this State, or in a magazine or newspaper printed, distributed, or sold in this State. Provides that a violation is an unfair or deceptive practice under the Act.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2WWW as follows:

(815 ILCS 505/2WWW new)

Sec. 2WWW. Prescription drug advertising prohibited.

(a) As used in this Section:

"Manufacturer of prescription drugs" or "manufacturer" means a manufacturer of prescription drugs or biological products or an affiliate of the manufacturer or a labeler that receives prescription drugs or biological products from a manufacturer or wholesaler and repackages those drugs or biological products for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 CFR 2027.20 (1999).

"Prescriber" means a person who is licensed, registered, or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice.

"Regulated advertisement" means the presentation to the general public of a commercial message regarding a prescription drug or biological product by a manufacturer of prescription drugs that is:

(1) broadcast on television or radio from a station that is physically located in this State;

(2) broadcast over the Internet from a location in the State; or

(3) printed in magazines or newspapers that are printed, distributed or sold in the State.

(b) On and after the effective date of this amendatory Act of the 102nd General Assembly, a manufacturer may not present or cause to be presented in this State a regulated advertisement, unless that advertisement meets the requirements concerning misbranded drugs and devices and prescription drug advertising of federal law and regulations under 21 U.S.C. 331 and 352(n) and 21 CFR Part 202 and State rules.

(c) On and after the effective date of this amendatory Act of the 102nd General Assembly, a person may not sell or distribute in this State computer software that influences or attempts to influence a prescribing decision of a prescriber to prescribe a certain drug or that directs a patient to a certain pharmacy. Features of computer software that are prohibited include, but are not limited to, pop-up and other advertisements, instant messages and economic incentives that are triggered by or in specific response to a selection, act or other input or designation of pharmacy by the prescriber or an agent of the prescriber. This subsection does not apply to in-house equipment provided within a hospital for use by prescribers and the hospital pharmacy or to information provided to a prescriber about prescription drug formulary compliance, patient care management, or pharmacy reimbursement.

(d) It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to violate this Section.