Rep. Mary E. Flowers

Filed: 3/8/2005

 

 


 

 


 
09400HB0246ham003 LRB094 03646 DRJ 42993 a

1
AMENDMENT TO HOUSE BILL 246

2     AMENDMENT NO. ______. Amend House Bill 246 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Food, Drug and Cosmetic Act is
5 amended by changing Section 4 and by adding Section 16.10 as
6 follows:
 
7     (410 ILCS 620/4)  (from Ch. 56 1/2, par. 504)
8     Sec. 4. In addition to the remedies hereinafter provided
9 the Director is authorized to file a complaint and apply to the
10 circuit court for, and such court may upon hearing and for
11 cause shown grant, a temporary restraining order or preliminary
12 or permanent injunction restraining any person from violating
13 any provision of Sections 3.1 through 3.21 or Section 16.10.
14 (Source: P.A. 84-891.)
 
15     (410 ILCS 620/16.10 new)
16     Sec. 16.10. Previously dispensed prescription drugs.
17     (a) A person may not sell, redistribute, or otherwise
18 dispense any prescription drug that has previously been sold,
19 distributed, or otherwise dispensed by a pharmacist. A person
20 who violates this subsection (a) is subject to an injunction as
21 provided in Section 4 and criminal penalties as provided in
22 Section 5.
23     (b) The Department of Public Health shall establish and

 

 

09400HB0246ham003 - 2 - LRB094 03646 DRJ 42993 a

1 administer a program under which a local law enforcement
2 authority or local public health office shall (i) take
3 possession, pursuant to an injunction issued in response to a
4 violation of subsection (a) or by confiscation pursuant to a
5 prosecution for a violation of subsection (a), of prescription
6 drugs that have been returned to a pharmacy and (ii) properly
7 dispose of those drugs according to standards adopted by the
8 Department.".