Synopsis As Introduced Creates the Cancer Drug Repository Program Act. Requires the Department of Public Health to establish a cancer drug repository program, under which any person may donate a cancer drug or supplies needed to administer a cancer drug for use by an individual who meets eligibility criteria specified by the Department. Sets forth requirements that cancer drugs or supplies must meet in order to be accepted and dispensed under the program. Provides that no drugs or supplies donated under the cancer drug repository program may be resold. Provides that nothing in the Act requires that a medical facility, pharmacy, pharmacist, or practitioner participate in the cancer drug repository program. Provides for civil and criminal immunity for drug and supply manufacturers and individuals in relation to the donation, acceptance, or dispensing of cancer drugs or supplies under the cancer drug repository program. Requires the Department to adopt certain rules to implement the cancer drug repository program. Amends the Pharmacy Practice Act of 1987, the Wholesale Drug Distribution Licensing Act, the Senior Pharmaceutical Assistance Act, the Illinois Food, Drug and Cosmetic Act, the Illinois Controlled Substances Act, and the Cannabis and Controlled Substances Tort Claims Act to provide that persons engaged in donating or accepting, or packaging, repackaging, or labeling, prescription drugs to the extent permitted or required under the Cancer Drug Repository Program Act are exempt from provisions of those other Acts that might prohibit or otherwise regulate such activity.
House Committee Amendment No. 1 Deletes the provisions of the Cancer Drug Repository Program Act and reinserts substantially similar provisions, creating the Cancer Drug Repository Program Act, but with changes that include the following: (1) deletes references to medical facilities, so that donations of cancer drugs may be made only on the premises of a pharmacy; (2) deletes a reference to the dispensing of a cancer drug or supplies by a pharmacist; (3) provides for a drug or supply manufacturer's immunity from liability unless that manufacturer's conduct was wilful and wanton (instead of unless the manufacturer exercised bad faith), and makes similar changes concerning other persons' immunity from liability; and (4) eliminates a provision that the liability from which a manufacturer is immune includes liability for failure to transfer or communicate product or consumer information or the expiration date of the donated cancer drug or supply.