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.
  


LRB102 12512 JLS 17849 b

 
 
A BILL FOR
 

  
HB3778LRB102 12512 JLS 17849 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended  by adding Section 2WWW as follows:
 
6    (815 ILCS 505/2WWW new)
7    Sec. 2WWW. Prescription drug advertising prohibited.
8    (a) As used in this Section: 
9    "Manufacturer of prescription drugs" or "manufacturer" 
10means a manufacturer of prescription drugs or biological 
11products or an affiliate of the manufacturer or a labeler that 
12receives prescription drugs or biological products from a 
13manufacturer or wholesaler and repackages those drugs or 
14biological products for later retail sale and that has a 
15labeler code from the federal Food and Drug Administration 
16under 21 CFR 2027.20 (1999). 
17    "Prescriber" means a person who is licensed, registered, 
18or otherwise authorized in the appropriate jurisdiction to 
19prescribe and administer drugs in the course of professional 
20practice.
21    "Regulated advertisement" means the presentation to the 
22general public of a commercial message regarding a 
23prescription drug or biological product by a manufacturer of 
 
 
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1prescription drugs that is:
2        (1) broadcast on television or radio from a station 
3    that is physically located in this State;
4        (2) broadcast over the Internet from a location in the 
5    State; or
6        (3) printed in magazines or newspapers that are 
7    printed, distributed or sold in the State. 
8    (b) On and after the effective date of this amendatory Act 
9of the 102nd General Assembly, a manufacturer may not present 
10or cause to be presented in this State a regulated 
11advertisement, unless that advertisement meets the 
12requirements concerning misbranded drugs and devices and 
13prescription drug advertising of federal law and regulations 
14under 21 U.S.C. 331 and 352(n) and 21 CFR Part 202 and State 
15rules.
16    (c) On and after the effective date of this amendatory Act 
17of the 102nd General Assembly, a person may not sell or 
18distribute in this State computer software that influences or 
19attempts to influence a prescribing decision of a prescriber 
20to prescribe a certain drug or that directs a patient to a 
21certain pharmacy. Features of computer software that are 
22prohibited include, but are not limited to, pop-up and other 
23advertisements, instant messages and economic incentives that 
24are triggered by or in specific response to a selection, act or 
25other input or designation of pharmacy by the prescriber or an 
26agent of the prescriber. This subsection does not apply to 
 
 
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1in-house equipment provided within a hospital for use by 
2prescribers and the hospital pharmacy or to information 
3provided to a prescriber about prescription drug formulary 
4compliance, patient care management, or pharmacy 
5reimbursement.
6    (d) It is an unfair or deceptive act or practice within the 
7meaning of Section 2 of this Act for any person to violate this 
8Section.