093_SB1859
LRB093 10809 AMC 11246 b
1 AN ACT concerning pharmaceuticals.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Food, Drug and Cosmetic Act is
5 amended by adding Section 3.23 as follows:
6 (410 ILCS 620/3.23 new)
7 Sec. 3.23. Pharmaceutical marketers.
8 (a) On or before January 1 of each year, every
9 pharmaceutical manufacturing company shall disclose to the
10 State Board of Pharmacy the value, nature, and purpose of any
11 gift, fee, payment, subsidy, or other economic benefit
12 provided in connection with detailing, promotional, or other
13 marketing activities by the company, directly or through its
14 pharmaceutical marketers, to any physician, hospital, nursing
15 home, pharmacist, health benefit plan administrator, or other
16 person in Illinois authorized to prescribe, dispense, or
17 purchase prescription drugs. Disclosure shall be made on a
18 form and in a manner prescribed by the Board. Initial
19 disclosure shall be made on or before January 1, 2005 for the
20 12-month period ending June 30, 2004. The Board shall
21 provide to the Office of the Attorney General complete access
22 to the information required to be disclosed under this
23 Section. The Office of the Attorney General shall report
24 annually on the disclosures made under this Section to the
25 General Assembly and the Governor on or before March 1.
26 (b) On or before October 1, 2003 and each year
27 thereafter, each pharmaceutical manufacturing company subject
28 to the provisions of this Section shall also disclose to the
29 Board the name and address of the individual responsible for
30 the company's compliance with this Section.
31 The Board and the Office of the Attorney General shall
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1 keep confidential all trade secret information. The
2 disclosure form prescribed by the Board shall permit the
3 company to identify any information that is a trade secret.
4 All of the following shall be exempt from disclosure:
5 (1) Free samples of prescription drugs intended to
6 be distributed to patients.
7 (2) The payment of reasonable compensation and
8 reimbursement of expenses in connection with bona fide
9 clinical trials. As used in this item (2), "clinical
10 trial" means an approved clinical trial conducted in
11 connection with a research study designed to answer
12 specific questions about vaccines, new therapies, or new
13 ways of using known treatments.
14 (3) Any gift, fee, payment, subsidy, or other
15 economic benefit the value of which is less than $25.
16 (4) Scholarship or other support for medical
17 students, residents, and fellows to attend a significant
18 educational, scientific, or policy-making conference of a
19 national, regional, or specialty medical or other
20 professional association if the recipient of the
21 scholarship or other support is selected by the
22 association.
23 (c) The Attorney General may bring an action for
24 injunctive relief, costs, and attorney fees and to impose on
25 a pharmaceutical manufacturing company that fails to disclose
26 as required by subsection (a) of this Section a civil penalty
27 of no more than $10,000 per violation. Each unlawful failure
28 to disclose shall constitute a separate violation.
29 (d) As used in this Section:
30 "Pharmaceutical marketer" means a person who, while
31 employed by or under contract to represent a pharmaceutical
32 manufacturing company, engages in pharmaceutical detailing,
33 promotional activities, or other marketing of prescription
34 drugs in this State to any physician, hospital, nursing home,
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1 pharmacist, health benefit plan administrator, or other
2 person authorized to prescribe, dispense, or purchase
3 prescription drugs. "Pharmaceutical marketer" does not
4 include a wholesale drug distributor or the distributor's
5 representative who promotes or otherwise markets the services
6 of the wholesale drug distributor in connection with a
7 prescription drug.
8 "Pharmaceutical manufacturing company" means (i) an
9 entity that is engaged in the production, preparation,
10 propagation, compounding, conversion, or processing of
11 prescription drugs, either directly or indirectly by
12 extraction from substances of natural origin, independently
13 by means of chemical synthesis, or by a combination of
14 extraction and chemical synthesis, or (ii) an entity engaged
15 in the packaging, repackaging, labeling, relabeling, or
16 distribution of prescription drugs. "Pharmaceutical
17 manufacturing company" does not include a wholesale drug
18 distributor or pharmacist licensed under the Pharmacy
19 Practice Act of 1987.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.