Rep. Jack D. Franks
Filed: 3/11/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 84 




2    AMENDMENT NO. ______. Amend House Bill 84 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Wholesale Drug Distribution Licensing Act 
5is 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" 
9means a drug listed on the drug shortage list maintained by the 
10U.S. Food and Drug Administration in accordance with Section 
11356e of the federal Food, Drug, and Cosmetic Act.
12    (b) Any person engaged in the wholesale distribution of a 
13drug in shortage must be licensed by the Department. This 
14subsection (b)  shall not apply to entities within the normal 
15distribution channel as defined under Section 15 of this Act.
16    (c) It is unlawful for any person, other than those 
 
 
09800HB0084ham001- 2 -LRB098 02833 RPM 42373 a

1licensed as a manufacturer, a manufacturer's exclusive 
2distributor, or an authorized distributor of record, to 
3purchase or receive a drug in shortage from any person not 
4licensed by the Department. This subsection (c) does not apply 
5to the return of drugs. 
6    (d) A person found to have violated a provision of this 
7Section shall be subject to administrative fines, orders for 
8restitution, and orders for disgorgement.
9    (e) The Department shall create a centralized, searchable 
10database of those entities licensed to sell or distribute a 
11drug in shortage, including manufacturers, wholesale 
12distributors, and pharmacy distributors, to enable purchasers 
13of a drug in shortage to easily verify the licensing status of 
14an entity offering such drugs.
15    (f) The Department shall establish a system for reporting 
16the suspected instances of unscrupulous conduct by 
17distributors of a drug in shortage.  Reports made through this 
18system shall be referred to the Office of the Attorney General 
19for further investigation and prosecution.
20    (g) The Department shall adopt rules to carry out the 
21provisions of this Section. 
 

22    Section 99. Effective date. This Act takes effect upon 
23becoming law.".