HB0246ham002 94TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/1/2005

09400HB0246ham002 LRB094 03646 DRJ 42669 a

AMENDMENT TO HOUSE BILL 246

AMENDMENT NO. ______. Amend House Bill 246 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Food, Drug and Cosmetic Act is amended by changing Section 4 and by adding Section 16.10 as follows:

(410 ILCS 620/4) (from Ch. 56 1/2, par. 504)

Sec. 4. In addition to the remedies hereinafter provided the Director is authorized to file a complaint and apply to the circuit court for, and such court may upon hearing and for cause shown grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating any provision of Sections 3.1 through 3.21 or Section 16.10.

(Source: P.A. 84-891.)

(410 ILCS 620/16.10 new)

Sec. 16.10. Previously dispensed prescription drugs.

(a) A person may not sell, redistribute, or otherwise dispense any prescription drug that has previously been sold, distributed, or otherwise dispensed. A person who violates this subsection (a) is subject to an injunction as provided in Section 4 and criminal penalties as provided in Section 5.

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