Sen. Terry Link
Filed: 3/11/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1739 




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    AMENDMENT NO. ______. Amend Senate Bill 1739  as follows:
 
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on page 15, by replacing lines 3 through 22 with the following:

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    "Sec. 20. Prohibited acts
drug purchases or receipt. It 
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shall be unlawful for a person to perform or cause the 
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performance of or to aid and abet any of the following acts in 
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this State:

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        (1)  Failing to obtain a license in accordance with this 
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    Act or operating without a valid license when a license is 
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    required under this Act.
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        (2) Purchasing or otherwise receiving a prescription 
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    drug from a pharmacy without meeting the requirements of 
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    subsection (b) of Section 3 of this Act.
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        (3) Selling, distributing, or transferring a 
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    prescription drug to a person that is not authorized to 
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    receive the prescription drug under the laws of the 
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    jurisdiction in which the person receives the prescription 
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    drug in violation of subsection (c) of Section 3 of this 
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    Act.
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        (4) Failing to deliver prescription drugs to specified 
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    premises, as required under subsection (d) of Section 3 of 
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    this Act.
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        (5) Accepting payment or credit for the sale of 
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    prescription drugs in violation of subsection (e) of 
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    Section 3 of this Act.
 


 






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        (6) Failing to maintain or provide pedigrees as 
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    required under this Act.
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        (7) Failing to obtain, pass, or authenticate a 
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    pedigree, as required under this Act.
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        (8) Providing the State or any of its representatives 
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    or any federal official with false or fraudulent records or 
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    making false or fraudulent statements regarding any matter 
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    within the provisions of this Act.
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        (9) Obtaining or attempting to obtain a prescription 
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    drug by fraud, deceit, misrepresentation, or engaging in 
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    misrepresentation or fraud in the distribution of a 
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    prescription drug.
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        (10) Except for the wholesale distribution by 
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    manufacturers of a prescription drug that has been 
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    delivered into commerce pursuant to an application 
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    approved under federal law by the U.S. Food and Drug 
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    Administration, manufacturing, repacking, selling, 
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    transferring, delivering, holding, or offering for sale 
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    any prescription drug that is adulterated, misbranded, 
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    counterfeit, suspected of being counterfeit, or has 
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    otherwise been rendered unfit for distribution.

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        (11) Except for the wholesale distribution by 
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    manufacturers of a prescription drug that has been 
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    delivered into commerce pursuant to an application 
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    approved under federal law by the U.S. Food and Drug 
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    Administration,  adulterating, misbranding, or 
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    counterfeiting any prescription drug.
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        (12) Receiving any prescription drug that has been 
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    adulterated, misbranded, stolen, obtained by fraud or 
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    deceit, counterfeited, or suspected of being 
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    counterfeited, and delivering or proffering the delivery 
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    of such drug for pay or otherwise.
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        (13) Altering, mutilating, destructing, obliterating, 
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    or removing the whole or any part of the labeling of a 
 


 






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    prescription drug or committing any other act with respect 
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    to a prescription drug that results in the prescription 
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    drug being misbranded."; and
 

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on page 16, by replacing lines 1 through 5 with the following:
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    "Sec. 25. Wholesale drug distributor licensing 
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requirements. To engage in wholesale distribution in Illinois, 
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every wholesale distributor or pharmacy distributor who 
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engages in the wholesale distribution of prescription drugs 
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must be licensed by the state licensing authority in the state 
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in which it resides, and every non-resident wholesale 
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distributor must be licensed in a state if it ships 
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prescription drugs into that state and in accordance with this 
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Act, before engaging in wholesale distributions of wholesale 
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prescription drugs. The Department shall exempt manufacturers 
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from any licensing and other requirements of this Section to 
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the extent that the requirements are not required by federal 
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law or regulation, unless particular requirements are deemed 
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necessary and appropriate following rulemaking.

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    Except as set forth above, all
All wholesale distributors 
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and pharmacy distributors, wherever located, who engage in 
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wholesale distribution into, out of, or within the State shall 
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be subject to the following requirements:"; and
 

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on page 25, lines 3, 5, 9, and 17, by replacing  "specified"  
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each time it appears with "prescription"; and
 
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on page 25, line 8, by replacing "specific unit of specified" 
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with "prescription"; and
 
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on page 25, lines 11 and 12, by replacing "specific unit of the 
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specified drug" with "prescription"; and
 

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on page 25, line 14, by replacing "drug specified on the list"  
 


 






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with "prescription drug"; and
 

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on page 25, lines 21 and 25, by replacing "specific unit of the 
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specified"  each time it appears with "prescription"; and
 

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on page 25, by replacing lines 27 through 36 with the 
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following:
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    "(e) The Department shall conduct a study concerning 
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electronic pedigrees, which shall be completed no later than 
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January 1, 2010.  In conducting the study, the Department shall 
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consult with manufacturers, distributors, and pharmacies 
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responsible for the sale and distribution of prescription drug 
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products in the State.  Based on the results of the study, the 
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Department shall determine a mandated implementation for 
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electronic pedigrees. The implementation date for the mandated 
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electronic pedigree shall not be sooner than December 31, 
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2010."; and
 

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on page 26, by deleting lines 1 through 18; and
 

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on page 31, by replacing lines 31 through 35 with the 
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following:
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    "Sec. 170. Penalties.
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    (a) Any person who engages in the wholesale distribution of 
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prescription drugs in violation of this Act is guilty of a 
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Class 1 felony, for which the maximum term of imprisonment 
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shall be 15 years or a fine of $50,000 may be imposed, or both.
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    (b) Any person who knowingly engages in the wholesale 
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distribution of prescription drugs in violation of this Act is 
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guilty of a Class X felony, for which a fine of $500,000 may be 
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imposed in addition to a term of imprisonment.
Any person who 
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is found to have violated any provision of this Act is guilty 
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of a Class A misdemeanor. On conviction of a second or 
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subsequent offense, the violator shall be guilty of a Class 4 
 


 






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felony. All criminal fines, monies, or property collected or 
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received by the Department under this Section or any other 
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State or federal statute, including, but not limited to, 
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property forfeited to the Department under Section 505 of the 
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Illinois Controlled Substances Act, shall be deposited into the 
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Professional Regulation Evidence Fund."; and

 
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on page 32, by deleting lines 1 through 5.