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| 1 | AMENDMENT TO SENATE BILL 1413
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1413 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the Sale | ||||||
| 5 | of Pharmaceuticals on Social Media Act. | ||||||
| 6 | Section 5. Definition. As used in this Act: | ||||||
| 7 | "Individual" does not include a manufacturer or | ||||||
| 8 | distributor identified on the label of a drug approved under | ||||||
| 9 | the Federal Food, Drug, and Cosmetic Act, a biological product | ||||||
| 10 | licensed under the Public Health Service Act, or a drug | ||||||
| 11 | marketed in accordance with an over-the-counter monograph | ||||||
| 12 | under the Federal Food, Drug, and Cosmetic Act. | ||||||
| 13 | "Social media" has the same meaning as defined in Section | ||||||
| 14 | 6-5 of the Liquor Control Act of 1934. | ||||||
| 15 | Section 10. Sale of pharmaceuticals on social media; | ||||||
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| 1 | verification process. Notwithstanding any other provision of | ||||||
| 2 | law, no individual shall sell or advertise the sale of a | ||||||
| 3 | pharmaceutical on social media unless the individual has | ||||||
| 4 | completed the following verification process: | ||||||
| 5 | (1) the individual shall submit an image of both the | ||||||
| 6 | front and back of the individual's state-issued | ||||||
| 7 | identification card to the social media platform upon or | ||||||
| 8 | through which the pharmaceutical is to be sold or | ||||||
| 9 | advertised; | ||||||
| 10 | (2) a disclaimer must be included in any advertisement | ||||||
| 11 | for the pharmaceutical on the social media platform that | ||||||
| 12 | clearly discloses the name of the individual selling the | ||||||
| 13 | pharmaceutical; | ||||||
| 14 | (3) the individual must be identified on the social | ||||||
| 15 | media page upon which the pharmaceutical is being sold or | ||||||
| 16 | advertised; and | ||||||
| 17 | (4) the individual must display a disclaimer on the | ||||||
| 18 | individual's main page on the social media platform | ||||||
| 19 | stating that the owner or operator sells or advertises the | ||||||
| 20 | pharmaceutical on that social media platform.".
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