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| 1 | AN ACT concerning public health.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Wholesale Drug Distribution Licensing Act is | ||||||
| 5 | amended by adding Section 200 as follows: | ||||||
| 6 | (225 ILCS 120/200 new) | ||||||
| 7 | Sec. 200. Drugs in shortage. | ||||||
| 8 | (a) For the purpose of this Section, "drug in shortage" | ||||||
| 9 | means a drug, as defined in Section 356c of the Federal Food, | ||||||
| 10 | Drug, and Cosmetic Act, listed on the drug shortage list | ||||||
| 11 | maintained by the U.S. Food and Drug Administration in | ||||||
| 12 | accordance with Section 356e of the Federal Food, Drug, and | ||||||
| 13 | Cosmetic Act. | ||||||
| 14 | (b) Any person engaged in the wholesale distribution of a | ||||||
| 15 | drug in shortage in this State must be licensed by the | ||||||
| 16 | Department. | ||||||
| 17 | (c) It is unlawful for any person, other than a | ||||||
| 18 | manufacturer, a manufacturer's exclusive distributor, a third | ||||||
| 19 | party logistics provider, or an authorized distributor of | ||||||
| 20 | record, to purchase or receive a drug in shortage from any | ||||||
| 21 | person not licensed by the Department. This subsection (c) does | ||||||
| 22 | not apply to the return of drugs or the purchase or receipt of | ||||||
| 23 | drugs pursuant to any of the distributions that are | ||||||
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| 1 | specifically excluded from the definition of "wholesale | ||||||
| 2 | distribution" in Section 15 of the Wholesale Drug Distribution | ||||||
| 3 | Licensing Act. | ||||||
| 4 | (d) A person found to have violated a provision of this | ||||||
| 5 | Section shall be subject to administrative fines, orders for | ||||||
| 6 | restitution, and orders for disgorgement. | ||||||
| 7 | (e) The Department shall create a centralized, searchable | ||||||
| 8 | database of those entities licensed to engage in wholesale | ||||||
| 9 | distribution, including manufacturers, wholesale distributors, | ||||||
| 10 | and pharmacy distributors, to enable purchasers of a drug in | ||||||
| 11 | shortage to easily verify the licensing status of an entity | ||||||
| 12 | offering such drugs. | ||||||
| 13 | (f) The Department shall establish a system for reporting | ||||||
| 14 | the reasonable suspicion that a violation of this Act has been | ||||||
| 15 | committed by a distributor of a drug in shortage. Reports made | ||||||
| 16 | through this system shall be referred to the Office of the | ||||||
| 17 | Attorney General and the appropriate State's Attorney's office | ||||||
| 18 | for further investigation and prosecution. | ||||||
| 19 | (g) The Department shall adopt rules to carry out the | ||||||
| 20 | provisions of this Section. | ||||||
| 21 | (h) Nothing in this Section prohibits one hospital pharmacy | ||||||
| 22 | from purchasing or receiving a drug in shortage from another | ||||||
| 23 | hospital pharmacy in the event of a medical emergency.
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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