SB1739eng 94TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Freedom of Information Act is amended by
5 changing Section 7 as follows:
 
6     (5 ILCS 140/7)  (from Ch. 116, par. 207)
7     Sec. 7. Exemptions.
8     (1) The following shall be exempt from inspection and
9 copying:
10         (a) Information specifically prohibited from
11     disclosure by federal or State law or rules and regulations
12     adopted under federal or State law.
13         (b) Information that, if disclosed, would constitute a
14     clearly unwarranted invasion of personal privacy, unless
15     the disclosure is consented to in writing by the individual
16     subjects of the information. The disclosure of information
17     that bears on the public duties of public employees and
18     officials shall not be considered an invasion of personal
19     privacy. Information exempted under this subsection (b)
20     shall include but is not limited to:
21             (i) files and personal information maintained with
22         respect to clients, patients, residents, students or
23         other individuals receiving social, medical,
24         educational, vocational, financial, supervisory or
25         custodial care or services directly or indirectly from
26         federal agencies or public bodies;
27             (ii) personnel files and personal information
28         maintained with respect to employees, appointees or
29         elected officials of any public body or applicants for
30         those positions;
31             (iii) files and personal information maintained
32         with respect to any applicant, registrant or licensee

 

 

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1         by any public body cooperating with or engaged in
2         professional or occupational registration, licensure
3         or discipline;
4             (iv) information required of any taxpayer in
5         connection with the assessment or collection of any tax
6         unless disclosure is otherwise required by State
7         statute;
8             (v) information revealing the identity of persons
9         who file complaints with or provide information to
10         administrative, investigative, law enforcement or
11         penal agencies; provided, however, that identification
12         of witnesses to traffic accidents, traffic accident
13         reports, and rescue reports may be provided by agencies
14         of local government, except in a case for which a
15         criminal investigation is ongoing, without
16         constituting a clearly unwarranted per se invasion of
17         personal privacy under this subsection; and
18             (vi) the names, addresses, or other personal
19         information of participants and registrants in park
20         district, forest preserve district, and conservation
21         district programs.
22         (c) Records compiled by any public body for
23     administrative enforcement proceedings and any law
24     enforcement or correctional agency for law enforcement
25     purposes or for internal matters of a public body, but only
26     to the extent that disclosure would:
27             (i) interfere with pending or actually and
28         reasonably contemplated law enforcement proceedings
29         conducted by any law enforcement or correctional
30         agency;
31             (ii) interfere with pending administrative
32         enforcement proceedings conducted by any public body;
33             (iii) deprive a person of a fair trial or an
34         impartial hearing;
35             (iv) unavoidably disclose the identity of a
36         confidential source or confidential information

 

 

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1         furnished only by the confidential source;
2             (v) disclose unique or specialized investigative
3         techniques other than those generally used and known or
4         disclose internal documents of correctional agencies
5         related to detection, observation or investigation of
6         incidents of crime or misconduct;
7             (vi) constitute an invasion of personal privacy
8         under subsection (b) of this Section;
9             (vii) endanger the life or physical safety of law
10         enforcement personnel or any other person; or
11             (viii) obstruct an ongoing criminal investigation.
12         (d) Criminal history record information maintained by
13     State or local criminal justice agencies, except the
14     following which shall be open for public inspection and
15     copying:
16             (i) chronologically maintained arrest information,
17         such as traditional arrest logs or blotters;
18             (ii) the name of a person in the custody of a law
19         enforcement agency and the charges for which that
20         person is being held;
21             (iii) court records that are public;
22             (iv) records that are otherwise available under
23         State or local law; or
24             (v) records in which the requesting party is the
25         individual identified, except as provided under part
26         (vii) of paragraph (c) of subsection (1) of this
27         Section.
28         "Criminal history record information" means data
29     identifiable to an individual and consisting of
30     descriptions or notations of arrests, detentions,
31     indictments, informations, pre-trial proceedings, trials,
32     or other formal events in the criminal justice system or
33     descriptions or notations of criminal charges (including
34     criminal violations of local municipal ordinances) and the
35     nature of any disposition arising therefrom, including
36     sentencing, court or correctional supervision,

 

 

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1     rehabilitation and release. The term does not apply to
2     statistical records and reports in which individuals are
3     not identified and from which their identities are not
4     ascertainable, or to information that is for criminal
5     investigative or intelligence purposes.
6         (e) Records that relate to or affect the security of
7     correctional institutions and detention facilities.
8         (f) Preliminary drafts, notes, recommendations,
9     memoranda and other records in which opinions are
10     expressed, or policies or actions are formulated, except
11     that a specific record or relevant portion of a record
12     shall not be exempt when the record is publicly cited and
13     identified by the head of the public body. The exemption
14     provided in this paragraph (f) extends to all those records
15     of officers and agencies of the General Assembly that
16     pertain to the preparation of legislative documents.
17         (g) Trade secrets and commercial or financial
18     information obtained from a person or business where the
19     trade secrets or information are proprietary, privileged
20     or confidential, or where disclosure of the trade secrets
21     or information may cause competitive harm, including all
22     information determined to be confidential under Section
23     4002 of the Technology Advancement and Development Act.
24     Nothing contained in this paragraph (g) shall be construed
25     to prevent a person or business from consenting to
26     disclosure.
27         (h) Proposals and bids for any contract, grant, or
28     agreement, including information which if it were
29     disclosed would frustrate procurement or give an advantage
30     to any person proposing to enter into a contractor
31     agreement with the body, until an award or final selection
32     is made. Information prepared by or for the body in
33     preparation of a bid solicitation shall be exempt until an
34     award or final selection is made.
35         (i) Valuable formulae, computer geographic systems,
36     designs, drawings and research data obtained or produced by

 

 

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1     any public body when disclosure could reasonably be
2     expected to produce private gain or public loss. The
3     exemption for "computer geographic systems" provided in
4     this paragraph (i) does not extend to requests made by news
5     media as defined in Section 2 of this Act when the
6     requested information is not otherwise exempt and the only
7     purpose of the request is to access and disseminate
8     information regarding the health, safety, welfare, or
9     legal rights of the general public.
10         (j) Test questions, scoring keys and other examination
11     data used to administer an academic examination or
12     determined the qualifications of an applicant for a license
13     or employment.
14         (k) Architects' plans, engineers' technical
15     submissions, and other construction related technical
16     documents for projects not constructed or developed in
17     whole or in part with public funds and the same for
18     projects constructed or developed with public funds, but
19     only to the extent that disclosure would compromise
20     security, including but not limited to water treatment
21     facilities, airport facilities, sport stadiums, convention
22     centers, and all government owned, operated, or occupied
23     buildings.
24         (l) Library circulation and order records identifying
25     library users with specific materials.
26         (m) Minutes of meetings of public bodies closed to the
27     public as provided in the Open Meetings Act until the
28     public body makes the minutes available to the public under
29     Section 2.06 of the Open Meetings Act.
30         (n) Communications between a public body and an
31     attorney or auditor representing the public body that would
32     not be subject to discovery in litigation, and materials
33     prepared or compiled by or for a public body in
34     anticipation of a criminal, civil or administrative
35     proceeding upon the request of an attorney advising the
36     public body, and materials prepared or compiled with

 

 

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1     respect to internal audits of public bodies.
2         (o) Information received by a primary or secondary
3     school, college or university under its procedures for the
4     evaluation of faculty members by their academic peers.
5         (p) Administrative or technical information associated
6     with automated data processing operations, including but
7     not limited to software, operating protocols, computer
8     program abstracts, file layouts, source listings, object
9     modules, load modules, user guides, documentation
10     pertaining to all logical and physical design of
11     computerized systems, employee manuals, and any other
12     information that, if disclosed, would jeopardize the
13     security of the system or its data or the security of
14     materials exempt under this Section.
15         (q) Documents or materials relating to collective
16     negotiating matters between public bodies and their
17     employees or representatives, except that any final
18     contract or agreement shall be subject to inspection and
19     copying.
20         (r) Drafts, notes, recommendations and memoranda
21     pertaining to the financing and marketing transactions of
22     the public body. The records of ownership, registration,
23     transfer, and exchange of municipal debt obligations, and
24     of persons to whom payment with respect to these
25     obligations is made.
26         (s) The records, documents and information relating to
27     real estate purchase negotiations until those negotiations
28     have been completed or otherwise terminated. With regard to
29     a parcel involved in a pending or actually and reasonably
30     contemplated eminent domain proceeding under Article VII
31     of the Code of Civil Procedure, records, documents and
32     information relating to that parcel shall be exempt except
33     as may be allowed under discovery rules adopted by the
34     Illinois Supreme Court. The records, documents and
35     information relating to a real estate sale shall be exempt
36     until a sale is consummated.

 

 

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1         (t) Any and all proprietary information and records
2     related to the operation of an intergovernmental risk
3     management association or self-insurance pool or jointly
4     self-administered health and accident cooperative or pool.
5         (u) Information concerning a university's adjudication
6     of student or employee grievance or disciplinary cases, to
7     the extent that disclosure would reveal the identity of the
8     student or employee and information concerning any public
9     body's adjudication of student or employee grievances or
10     disciplinary cases, except for the final outcome of the
11     cases.
12         (v) Course materials or research materials used by
13     faculty members.
14         (w) Information related solely to the internal
15     personnel rules and practices of a public body.
16         (x) Information contained in or related to
17     examination, operating, or condition reports prepared by,
18     on behalf of, or for the use of a public body responsible
19     for the regulation or supervision of financial
20     institutions or insurance companies, unless disclosure is
21     otherwise required by State law.
22         (y) Information the disclosure of which is restricted
23     under Section 5-108 of the Public Utilities Act.
24         (z) Manuals or instruction to staff that relate to
25     establishment or collection of liability for any State tax
26     or that relate to investigations by a public body to
27     determine violation of any criminal law.
28         (aa) Applications, related documents, and medical
29     records received by the Experimental Organ Transplantation
30     Procedures Board and any and all documents or other records
31     prepared by the Experimental Organ Transplantation
32     Procedures Board or its staff relating to applications it
33     has received.
34         (bb) Insurance or self insurance (including any
35     intergovernmental risk management association or self
36     insurance pool) claims, loss or risk management

 

 

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1     information, records, data, advice or communications.
2         (cc) Information and records held by the Department of
3     Public Health and its authorized representatives relating
4     to known or suspected cases of sexually transmissible
5     disease or any information the disclosure of which is
6     restricted under the Illinois Sexually Transmissible
7     Disease Control Act.
8         (dd) Information the disclosure of which is exempted
9     under Section 30 of the Radon Industry Licensing Act.
10         (ee) Firm performance evaluations under Section 55 of
11     the Architectural, Engineering, and Land Surveying
12     Qualifications Based Selection Act.
13         (ff) Security portions of system safety program plans,
14     investigation reports, surveys, schedules, lists, data, or
15     information compiled, collected, or prepared by or for the
16     Regional Transportation Authority under Section 2.11 of
17     the Regional Transportation Authority Act or the St. Clair
18     County Transit District under the Bi-State Transit Safety
19     Act.
20         (gg) Information the disclosure of which is restricted
21     and exempted under Section 50 of the Illinois Prepaid
22     Tuition Act.
23         (hh) Information the disclosure of which is exempted
24     under the State Officials and Employees Ethics Act.
25         (ii) Beginning July 1, 1999, information that would
26     disclose or might lead to the disclosure of secret or
27     confidential information, codes, algorithms, programs, or
28     private keys intended to be used to create electronic or
29     digital signatures under the Electronic Commerce Security
30     Act.
31         (jj) Information contained in a local emergency energy
32     plan submitted to a municipality in accordance with a local
33     emergency energy plan ordinance that is adopted under
34     Section 11-21.5-5 of the Illinois Municipal Code.
35         (kk) Information and data concerning the distribution
36     of surcharge moneys collected and remitted by wireless

 

 

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1     carriers under the Wireless Emergency Telephone Safety
2     Act.
3         (ll) Vulnerability assessments, security measures, and
4     response policies or plans that are designed to identify,
5     prevent, or respond to potential attacks upon a community's
6     population or systems, facilities, or installations, the
7     destruction or contamination of which would constitute a
8     clear and present danger to the health or safety of the
9     community, but only to the extent that disclosure could
10     reasonably be expected to jeopardize the effectiveness of
11     the measures or the safety of the personnel who implement
12     them or the public. Information exempt under this item may
13     include such things as details pertaining to the
14     mobilization or deployment of personnel or equipment, to
15     the operation of communication systems or protocols, or to
16     tactical operations.
17         (mm) Maps and other records regarding the location or
18     security of a utility's generation, transmission,
19     distribution, storage, gathering, treatment, or switching
20     facilities.
21         (nn) Law enforcement officer identification
22     information or driver identification information compiled
23     by a law enforcement agency or the Department of
24     Transportation under Section 11-212 of the Illinois
25     Vehicle Code.
26         (oo) Records and information provided to a residential
27     health care facility resident sexual assault and death
28     review team or the Residential Health Care Facility
29     Resident Sexual Assault and Death Review Teams Executive
30     Council under the Residential Health Care Facility
31     Resident Sexual Assault and Death Review Team Act.
32         (pp) Information the disclosure of which is exempted
33     under Sections 25 and 25a of the Wholesale Prescription
34     Drug Distribution Protection and Licensing Act of 2005.
35     (2) This Section does not authorize withholding of
36 information or limit the availability of records to the public,

 

 

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1 except as stated in this Section or otherwise provided in this
2 Act.
3 (Source: P.A. 92-16, eff. 6-28-01; 92-241, eff. 8-3-01; 92-281,
4 eff. 8-7-01; 92-645, eff. 7-11-02; 92-651, eff. 7-11-02; 93-43,
5 eff. 7-1-03; 93-209, eff. 7-18-03; 93-237, eff. 7-22-03;
6 93-325, eff. 7-23-03, 93-422, eff. 8-5-03; 93-577, eff.
7 8-21-03; 93-617, eff. 12-9-03.)
 
8     Section 10. The Regulatory Sunset Act is amended by
9 changing Section 4.23 as follows:
 
10     (5 ILCS 80/4.23)
11     Sec. 4.23. Acts and Sections Act Section repealed on
12 January 1, 2013. The following Acts and Sections of Acts are
13 Act Section is repealed on January 1, 2013:
14     The Dietetic and Nutrition Services Practice Act.
15     The Elevator Safety and Regulation Act.
16     The Funeral Directors and Embalmers Licensing Code.
17     The Naprapathic Practice Act.
18     The Professional Counselor and Clinical Professional
19 Counselor Licensing Act.
20     The Wholesale Prescription Drug Distribution Protection
21 and Licensing Act of 2005.
22     Section 2.5 of the Illinois Plumbing License Law.
23 (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02;
24 92-642, eff. 7-11-02; 92-655, eff. 7-16-02; 92-719, eff.
25 7-25-02; 92-778, eff. 8-6-02; 92-873, eff. 6-1-03; revised
26 1-18-03.)
 
27     Section 15. The Wholesale Drug Distribution Licensing Act
28 is amended by changing Sections 1, 10, 15, 20, 25, 50, 55, and
29 170 and by adding Sections 25a, 25b, 25c, 25d, 25e, and 25f as
30 follows:
 
31     (225 ILCS 120/1)  (from Ch. 111, par. 8301-1)
32     (Section scheduled to be repealed on January 1, 2013)

 

 

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1     Sec. 1. Short title. This Act may be cited as the Wholesale
2 Prescription Drug Distribution Protection and Licensing Act of
3 2005.
4 (Source: P.A. 87-594.)
 
5     (225 ILCS 120/10)  (from Ch. 111, par. 8301-10)
6     (Section scheduled to be repealed on January 1, 2013)
7     Sec. 10. Purpose. The purpose of this Act is to implement
8 the Federal Prescription Drug Marketing Act of 1987 (PDMA),
9 U.S. Pub. L. 100-293, 102 Stat. 95, codified at U.S.C. Sec. 321
10 et seq.; and particularly PDMA requirements that no person or
11 entity may engage in the wholesale distribution of human
12 prescription drugs in any state unless the person or entity is
13 licensed by that state in accordance with federally prescribed
14 minimum standards, terms, and conditions as set forth in
15 guidelines issued by United States Food and Drug Administration
16 (FDA) regulations.
17     The purpose of this amendatory Act of the 94th General
18 Assembly is to strengthen existing State requirements
19 governing the distribution of prescription drugs in order to
20 protect the drug supply and consumer safety.
21 (Source: P.A. 87-594.)
 
22     (225 ILCS 120/15)  (from Ch. 111, par. 8301-15)
23     (Section scheduled to be repealed on January 1, 2013)
24     Sec. 15. Definitions. As used in this Act:
25     "Authorized distributor of record" means a wholesale drug
26 distributor with whom a manufacturer has established an ongoing
27 relationship to distribute that manufacturer's product. An
28 ongoing relationship is deemed to exist when a wholesale drug
29 distributor, including any affiliated group, as defined in
30 Section 1504 of the Internal Revenue Code, of which the
31 wholesale distributor is a member:
32         (1) is listed on the manufacturer's list and the list
33     is updated monthly;
34         (2) has a written agreement currently in effect with

 

 

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1     the manufacturer; or
2         (3) has a verifiable account with a line of credit with
3     the manufacturer and minimal transaction or volume
4     requirement thresholds as follows: (i) 5,000 sales units
5     per company within 12 months or (ii) 12 purchases or
6     invoices from the manufacturer at the manufacturer's
7     minimum purchasing requirements per invoice within 12
8     months.
9     "Blood" means whole blood collected from a single donor and
10 processed either for transfusion or further manufacturing.
11     "Blood component" means that part of blood separated by
12 physical or mechanical means.
13     "Board" means the State Board of Pharmacy of the Department
14 of Professional Regulation.
15     "Department" means the Department of Professional
16 Regulation.
17     "Director" means the Director of Professional Regulation.
18     "Drug sample" means a unit of a prescription drug that is
19 not intended to be sold and is intended to promote the sale of
20 the drug.
21     "Manufacturer" means anyone who is engaged in the
22 manufacturing, preparing, propagating, compounding,
23 processing, packaging, repackaging, or labeling of a
24 prescription drug.
25     "Person" means and includes a natural person, partnership,
26 association or corporation.
27     "Pharmacy distributor" means any pharmacy licensed in this
28 State or hospital pharmacy that is engaged in the delivery or
29 distribution of prescription drugs either to any other pharmacy
30 licensed in this State or to any other person or entity
31 including, but not limited to, a wholesale drug distributor
32 engaged in the delivery or distribution of prescription drugs
33 who is involved in the actual, constructive, or attempted
34 transfer of a drug in this State to other than the ultimate
35 consumer except as otherwise provided for by law.
36     "Prescription drug" means any human drug required by

 

 

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1 federal law or regulation to be dispensed only by a
2 prescription, including finished dosage forms and active
3 ingredients subject to subsection (b) of Section 503 of the
4 Federal Food, Drug and Cosmetic Act.
5     "Sales unit" means the unit of measure the manufacturer
6 uses to invoice its customer for the particular product.
7     "Verifiable account" means:
8         (1) an account that the manufacturer confirms, in
9     written or oral form, is assigned to the wholesaler; or
10         (2) copies of the manufacturer's invoices containing a
11     printed account number and the name and address of the
12     wholesaler.
13     "Wholesale distribution" or "wholesale distributions"
14 means distribution of prescription drugs to persons other than
15 a consumer or patient, but does not include any of the
16 following:
17         (a) Intracompany sales, defined as any transaction or
18     transfer between any division, subsidiary, parent, or
19     affiliated or related company under the common ownership
20     and control of a corporate entity.
21         (b) The purchase or other acquisition by a hospital or
22     other health care entity that is a member of a group
23     purchasing organization of a drug for its own use from the
24     group purchasing organization or from other hospitals or
25     health care entities that are members of a group
26     organization.
27         (c) The sale, purchase, or trade of a drug or an offer
28     to sell, purchase, or trade a drug by a charitable
29     organization described in subsection (c)(3) of Section 501
30     of the U.S. Internal Revenue Code of 1954 to a nonprofit
31     affiliate of the organization to the extent otherwise
32     permitted by law.
33         (d) The sale, purchase, or trade of a drug or an offer
34     to sell, purchase, or trade a drug among hospitals or other
35     health care entities that are under common control. For
36     purposes of this Act, "common control" means the power to

 

 

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1     direct or cause the direction of the management and
2     policies of a person or an organization, whether by
3     ownership of stock, voting rights, contract, or otherwise.
4         (e) The sale, purchase, or trade of a drug or an offer
5     to sell, purchase, or trade a drug for emergency medical
6     reasons. For purposes of this Act, "emergency medical
7     reasons" include transfers of prescription drugs by a
8     retail pharmacy to another retail pharmacy to alleviate a
9     temporary shortage.
10         (f) The sale, purchase, or trade of a drug, an offer to
11     sell, purchase, or trade a drug, or the dispensing of a
12     drug pursuant to a prescription.
13         (g) The distribution of drug samples by manufacturers'
14     representatives or authorized distributors'
15     representatives.
16         (h) The sale, purchase, or trade of blood and blood
17     components intended for transfusion.
18         (i) Drug returns, when conducted by a hospital, health
19     care entity, or charitable institution in accordance with
20     Department rules.
21         (j) The sale of minimal quantities of drugs by retail
22     pharmacies to licensed practitioners for office use.
23     "Wholesale drug distributor" means any person or entity
24 engaged in wholesale distribution of prescription drugs,
25 including, but not limited to, manufacturers; repackers; own
26 label distributors; jobbers; private label distributors;
27 brokers; warehouses, including manufacturers' and
28 distributors' warehouses, chain drug warehouses, and wholesale
29 drug warehouses; independent wholesale drug traders; and
30 retail pharmacies that conduct wholesale distributions,
31 including, but not limited to, any pharmacy distributor as
32 defined in this Section. A wholesale drug distributor shall not
33 include any for hire carrier or person or entity hired solely
34 to transport prescription drugs.
35 (Source: P.A. 87-594.)
 

 

 

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1     (225 ILCS 120/20)  (from Ch. 111, par. 8301-20)
2     (Section scheduled to be repealed on January 1, 2013)
3     Sec. 20. Prohibited acts. drug purchases or receipt.
4     (a) It shall be unlawful to knowingly tamper with,
5 counterfeit, adulterate, misbrand, or divert prescription drug
6 products. Violation of this subsection (a) shall constitute a
7 Class 4 felony.
8     (b) It shall be unlawful to knowingly purchase, transfer,
9 sell, or distribute prescription drugs from or to persons not
10 authorized to possess such prescription drugs. Violation of
11 this subsection (b) shall constitute a Class 4 felony.
12     (c) It shall be unlawful to knowingly purchase, transfer,
13 sell, or distribute prescription drugs that have been tampered
14 with, counterfeited, adulterated, misbranded, or diverted.
15 Violation of this subsection (c) shall constitute a Class 4
16 felony.
17     (d) It shall be unlawful to knowingly forge, counterfeit,
18 or tamper with any pedigree documentation or other
19 transactional documentation associated with the purchase,
20 transfer, delivery, or sale of prescription drugs that is
21 required by federal or State laws and rules. Violation of this
22 subsection (d) shall constitute a Class 4 felony.
23 It shall be unlawful for any person or entity to knowingly
24 purchase or receive any prescription drug from any source other
25 than a person or entity licensed under the laws of this State
26 or the state of domicile except where otherwise provided. A
27 person or entity licensed under the laws of this State shall
28 include, but is not limited to, a wholesale distributor,
29 manufacturer, pharmacy distributor, or pharmacy. Any person
30 violating this Section shall, upon conviction, be adjudged
31 guilty of a Class C misdemeanor. A second violation shall
32 constitute a Class 4 felony.
33 (Source: P.A. 87-594.)
 
34     (225 ILCS 120/25)  (from Ch. 111, par. 8301-25)
35     (Section scheduled to be repealed on January 1, 2013)

 

 

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1     Sec. 25. Wholesale drug distributor licensing
2 requirements. All wholesale distributors and pharmacy
3 distributors, wherever located, who engage in wholesale
4 distribution into, out of, or within the State shall be subject
5 to the following requirements:
6     (a) No person or distribution outlet shall act as a
7 wholesale drug distributor without first obtaining a license to
8 do so from the Department and paying any reasonable fee
9 required by the Department.
10     (b) The Department may grant a temporary license when a
11 wholesale drug distributor first applies for a license to
12 operate within this State. A temporary license shall remain
13 valid until the Department finds that the applicant meets or
14 fails to meet the requirements for regular licensure.
15 Nevertheless, no temporary license shall be valid for more than
16 90 days from the date of issuance. Any temporary license issued
17 under this subsection shall be renewable for a similar period
18 of time not to exceed 90 days under policies and procedures
19 prescribed by the Department.
20     (c) No license shall be issued or renewed for a wholesale
21 drug distributor to operate unless the wholesale drug
22 distributor shall operate in a manner prescribed by law and
23 according to the rules and regulations promulgated by the
24 Department.
25     (d) The Department may require a separate license for each
26 facility directly or indirectly owned or operated by the same
27 business entity within this State, or for a parent entity with
28 divisions, subsidiaries, and affiliate companies within this
29 State when operations are conducted at more than one location
30 and there exists joint ownership and control among all the
31 entities.
32     (e) As a condition for receiving and renewing any wholesale
33 drug distributor license issued under this Act, each applicant
34 shall satisfy the Department that it has and will continuously
35 maintain:
36         (1) acceptable storage and handling conditions plus

 

 

SB1739 Engrossed - 17 - LRB094 11222 RAS 41944 b

1     facilities standards;
2         (2) minimum liability and other insurance as may be
3     required under any applicable federal or State law;
4         (3) a security system that includes after hours,
5     central alarm or comparable entry detection capability;
6     restricted premises access; adequate outside perimeter
7     lighting; comprehensive employment applicant screening;
8     and safeguards against employee theft;
9         (4) an electronic, manual, or any other reasonable
10     system of records, describing all wholesale distributor
11     activities governed by this Act for the 2 year period
12     following disposition of each product and reasonably
13     accessible during regular business hours as defined by the
14     Department's rules in any inspection authorized by the
15     Department;
16         (5) officers, directors, managers, and other persons
17     in charge of wholesale drug distribution, storage, and
18     handling who must at all times demonstrate and maintain
19     their capability of conducting business according to sound
20     financial practices as well as State and federal law;
21         (6) complete, updated information, to be provided the
22     Department as a condition for obtaining and renewing a
23     license, about each wholesale distributor to be licensed
24     under this Act, including all pertinent licensee ownership
25     and other key personnel and facilities information deemed
26     necessary for enforcement of this Act. Any changes in this
27     information shall be submitted at the time of license
28     renewal or within 45 days from the date of the change;
29         (7) written policies and procedures that assure
30     reasonable wholesale distributor preparation for,
31     protection against and handling of any facility security or
32     operation problems, including, but not limited to, those
33     caused by natural disaster or government emergency;
34     inventory inaccuracies or product shipping and receiving;
35     outdated product or other unauthorized product control;
36     appropriate disposition of returned goods; and product

 

 

SB1739 Engrossed - 18 - LRB094 11222 RAS 41944 b

1     recalls;
2         (8) sufficient inspection procedures for all incoming
3     and outgoing product shipments; and
4         (9) operations in compliance with all federal legal
5     requirements applicable to wholesale drug distribution.
6     (f) The Department shall consider, at a minimum, the
7 following factors in reviewing the qualifications of persons
8 who engage in wholesale distribution of prescription drugs in
9 this State:
10         (1) any conviction of the applicant under any federal,
11     State, or local laws relating to drug samples, wholesale or
12     retail drug distribution, or distribution of controlled
13     substances;
14         (2) any felony convictions of the applicant under
15     federal, State, or local laws;
16         (3) the applicant's past experience in the manufacture
17     or distribution of prescription drugs, including
18     controlled substances;
19         (4) the furnishing by the applicant of false or
20     fraudulent material in any application made in connection
21     with drug manufacturing or distribution;
22         (5) suspension or revocation by federal, State, or
23     local government of any license currently or previously
24     held by the applicant for the manufacture or distribution
25     of any drug, including controlled substances;
26         (6) any findings of a criminal background and civil
27     litigation check, which the Department shall be authorized
28     to conduct in conjunction with the Department of State
29     Police or an independent 3rd party company or organization
30     authorized to conduct such searches, of all company
31     officers, key management, principals, and owners with 10%
32     or greater interest in the company, the latter applying to
33     non-publicly held companies only;
34         (7) any findings of a financial background check,
35     including a credit history of the company and its key
36     officers, maintained by an independent 3rd party

 

 

SB1739 Engrossed - 19 - LRB094 11222 RAS 41944 b

1     evaluation organization;
2         (8) (6) compliance with licensing requirements under
3     previously granted licenses, if any;
4         (9) (7) compliance with requirements to maintain and
5     make available to the Department or to federal, State, or
6     local law enforcement officials those records required by
7     this Act; and
8         (10) (8) any other factors or qualifications the
9     Department considers relevant to and consistent with the
10     public health and safety, including whether the granting of
11     the license would not be in the public interest; .
12         (11) The information collected by the Department as
13     part of the background checks authorized in this subsection
14     (f) is exempt from the Freedom of Information Act; and
15         (12) (9) All requirements set forth in this subsection
16     shall conform to wholesale drug distributor licensing
17     guidelines formally adopted by the U.S. Food and Drug
18     Administration (FDA). In case of conflict between any
19     wholesale drug distributor licensing requirement imposed
20     by the Department and any FDA wholesale drug distributor
21     licensing guideline, the FDA guideline shall control.
22     (g) An agent or employee of any licensed wholesale drug
23 distributor need not seek licensure under this Section and may
24 lawfully possess pharmaceutical drugs when the agent or
25 employee is acting in the usual course of business or
26 employment.
27     (h) The issuance of a license under this Act shall not
28 change or affect tax liability imposed by the State on any
29 wholesale drug distributor.
30     (i) A license issued under this Act shall not be sold,
31 transferred, or assigned in any manner.
32 (Source: P.A. 92-586, eff. 6-26-02.)
 
33     (225 ILCS 120/25a new)
34     (Section scheduled to be repealed on January 1, 2013)
35     Sec. 25a. Application requirements.

 

 

SB1739 Engrossed - 20 - LRB094 11222 RAS 41944 b

1     (a) An application for licensure or renewal as a wholesale
2 distributor or an out-of-state wholesale distributor submitted
3 to the Department must include all of the following:
4         (1) The name, full business address, and telephone
5     number of the applicant.
6         (2) All trade or business names used by the applicant,
7     including all affiliated businesses.
8         (3) The name, address, and telephone number of a
9     contact person for each facility used by the applicant for
10     the storage, handling, and distribution of prescription
11     drugs. Companies with multiple facilities may designate
12     one person to serve as the contact person for all of its
13     facilities, including those of its affiliates.
14         (4) The type of ownership or operation, such as a
15     partnership, corporation, or sole proprietorship.
16         (5) The names of the owner and the operator of the
17     establishment, including the following:
18             (A) if an individual, the name of the individual;
19             (B) if a partnership, the name of each partner and
20         the name of the partnership;
21             (C) if a corporation:
22                 (i) the name, address, and title of each
23             corporate officer and director;
24                 (ii) the name and address of the corporation,
25             the name and address of the resident agent of the
26             corporation, and the corporation's state of
27             incorporation; and
28                 (iii) for non-publicly held companies only,
29             the name and address of each shareholder that owns
30             10% or more of the outstanding stock of the
31             corporation;
32             (D) if a sole proprietorship, the full name of the
33         sole proprietor and the name of the business entity;
34         and
35             (E) if a limited liability company:
36                 (i) the name and address of each principal;

 

 

SB1739 Engrossed - 21 - LRB094 11222 RAS 41944 b

1                 (ii) the name and address of each manager; and
2                 (iii) the name and address of the limited
3             liability company, the name and address of the
4             resident agent of the limited liability company,
5             and the name of the state in which the limited
6             liability company was organized.
7         (6) A list of all state licenses, registrations, or
8     permits, including the license, registration, or permit
9     numbers, issued to the applicant by any other state
10     licensing authority that authorizes the applicant to
11     purchase, possess, and distribute prescription drugs.
12         (7) A list of all disciplinary actions by state and
13     federal agencies against the company, as well as any
14     actions against principals, owners, directors, or officers
15     over the last 7 years.
16         (8) The number of employees at each facility and
17     screening procedures for hiring.
18         (9) The minimum liability insurance limits the company
19     maintains, including general as well as product liability
20     insurance.
21         (10) A full description of each facility or warehouse,
22     including all locations utilized for prescription drug
23     storage or distribution. The description should include
24     the following:
25             (A) square footage;
26             (B) security and alarm system description;
27             (C) terms of lease or ownership;
28             (D) address; and
29             (E) temperature and humidity controls.
30         (11) The tax year of the applicant.
31         (12) A copy of the deed for the property on which the
32     applicant's establishment is located, if the establishment
33     is owned by the applicant, or a copy of the applicant's
34     lease for the property on which the applicant's
35     establishment is located that has an original term of not
36     less than one calendar year, if the establishment is not

 

 

SB1739 Engrossed - 22 - LRB094 11222 RAS 41944 b

1     owned by the applicant.
2         (13) A description of the applicant's prescription
3     drug import and export activities.
4         (14) A description of the applicant's written
5     procedures as required under Section 25 of this Act.
6     (b) The portions of the information required under this
7 Section that are personally identifiable or are a trade secret,
8 as defined by the Freedom of Information Act, shall be
9 maintained by the Department as a trade secret or as
10 proprietary information and shall be exempt from public
11 disclosure.
 
12     (225 ILCS 120/25b new)
13     (Section scheduled to be repealed on January 1, 2013)
14     Sec. 25b. Required information from drug manufacturer.
15 Each manufacturer of a prescription drug sold in this State
16 shall file with the Department a written list of all of the
17 manufacturer's authorized distributors of record. A
18 manufacturer shall notify the Department not later than 10 days
19 after any change to the list. The Department shall publish a
20 list of all authorized distributors of record on its website.
21 The Department shall update this list on at least a monthly
22 basis.
 
23     (225 ILCS 120/25c new)
24     (Section scheduled to be repealed on January 1, 2013)
25     Sec. 25c. Surety bond.
26     (a) An applicant for a wholesale distributor license or an
27 applicant for the renewal of an existing wholesale distributor
28 license must submit a surety bond of $100,000 or evidence of
29 other equivalent means of security acceptable to the
30 Department, such as insurance, an irrevocable letter of credit,
31 or funds deposited in a trust account or financial institution.
32 A separate surety bond or other equivalent means of security is
33 not required for each company's separate locations or for
34 affiliated companies or groups when these separate locations or

 

 

SB1739 Engrossed - 23 - LRB094 11222 RAS 41944 b

1 affiliated companies or groups are required to apply for or
2 renew their wholesale distributor license with the Department.
3     (b) The purpose of the bond or other equivalent means of
4 security is to secure payment of any administrative penalties
5 imposed by the Department and any fees or costs incurred by the
6 Department regarding that license, when those penalties, fees,
7 or costs are authorized under State law and the licensee fails
8 to pay within 30 days after the penalty, fee, or cost becomes
9 final.
10     (c) The Department may make a claim against the surety bond
11 or other equivalent means of security until one year after the
12 wholesale distributor's license ceases to be valid or until 60
13 days after any administrative or legal proceeding as authorized
14 by law that involves the licensee is concluded, including any
15 appeal, whichever occurs later. The surety bond or other
16 equivalent means of security must remain in place or in effect
17 for at least one year after the wholesale distributor's license
18 ceases to be valid or 60 days after any administrative or legal
19 proceeding authorized in this Act against the licensee is
20 concluded, including any appeal, whichever occurs later.
21     (d) The surety bond requirement may be waived, at the
22 discretion of the Department, if the wholesale distributor
23 previously has obtained a comparable surety bond or other
24 equivalent means of security for the purpose of licensure in
25 another state where the wholesale distributor possesses a valid
26 license in good standing.
27     (e) The Department may accept a surety bond of $25,000 if
28 the annual gross receipts of the previous tax year for the
29 wholesale distributor is $10,000,000 or less.
 
30     (225 ILCS 120/25d new)
31     (Section scheduled to be repealed on January 1, 2013)
32     Sec. 25d. Wholesale distributor designated representative.
33     (a) Each wholesale distributor licensed by the Department
34 must identify a designated representative who is responsible
35 for the company's compliance with applicable State and federal

 

 

SB1739 Engrossed - 24 - LRB094 11222 RAS 41944 b

1 laws. A designated representative may be a corporate employee
2 or officer, outside counsel, or outside consulting specialist
3 with the authority to help ensure compliance and may have
4 responsibility for multiple licensed facilities. A designated
5 representative shall not be required to be physically present
6 at the facility.
7     (b) A wholesale distributor must notify the Department
8 within 10 business days of changing its designated
9 representative. A wholesale distributor may not operate for
10 more than 30 business days without a designated representative
11 under a wholesale distributor's license without appointing
12 another designated representative and notifying the Department
13 of the identity of the new designated representative.
 
14     (225 ILCS 120/25e new)
15     (Section scheduled to be repealed on January 1, 2013)
16     Sec. 25e. Pedigree.
17     (a) Each person who is engaged in the wholesale
18 distribution of a drug subject to this Act and who is not the
19 manufacturer or an authorized distributor of record of the drug
20 shall provide to each wholesale distributor of the drug,
21 including each distribution to an authorized distributor of
22 record or to a retail pharmacy, before the sale is made to the
23 wholesale distributor, a statement or record that identifies by
24 date each previous sale of the drug starting with the last
25 authorized distributor of record or the manufacturer if the
26 drug has not been purchased previously by an authorized
27 distributor of record, the proprietary and established name of
28 the drug, dosage, container size, number of containers, the lot
29 or control number of the drug, and the business name and
30 address of all parties identified in the statement.
31     (b) Notwithstanding subsection (a) of this Section, a
32 repackager or a manufacturer that repackages a drug subject to
33 the provisions of this Act and who is not an authorized
34 distributor of record, shall be subject to the requirements of
35 that subsection (a).

 

 

SB1739 Engrossed - 25 - LRB094 11222 RAS 41944 b

1     (c) Notwithstanding subsection (a) of this Section, each
2 person who is engaged in the wholesale distribution of a
3 specified drug who did not purchase the specified drug directly
4 from the manufacturer must provide to each wholesale
5 distributor of the specified drug, including each distribution
6 to an authorized distributor of record or to a retail pharmacy,
7 a statement or record that identifies by date each previous
8 sale of the specific unit of specified drug back to the
9 manufacturer of the specified drug, the proprietary and
10 established name of the drug, dosage, container size, number of
11 containers, the lot or control numbers of the specific unit of
12 the specified drug, and the business name and address of all
13 parties identified in the statement.
14     (d) For each drug specified on the list, a distributor must
15 provide to each wholesale distributor, including each
16 distribution to an authorized distributor of record or to a
17 retail pharmacy, to whom it sells the specified drug a written
18 statement on the invoice that states the following:
19         (1) if the establishment is not a member of an
20     affiliated group, "This establishment purchased the
21     specific unit of the specified drug directly from the
22     manufacturer."; or
23         (2) if the establishment is a member of an affiliated
24     group, "This establishment or a member of my affiliated
25     group purchased the specific unit of the specified drug
26     directly from the manufacturer.".
27     (e) As used in this Section, the term "specified drug"
28 means a prescription drug on a national list of prescription
29 drugs considered to be potential targets for adulteration,
30 counterfeiting, or diversion. This national list will be
31 created by a national drug advisory coalition in conjunction
32 with the U.S. Food and Drug Administration and other
33 stakeholders, including, but not limited to, wholesalers,
34 manufacturers, pharmacy, and appropriate state government
35 agencies responsible for regulating the sale or distribution of
36 prescription drugs. The Department shall notify and provide

 

 

SB1739 Engrossed - 26 - LRB094 11222 RAS 41944 b

1 wholesale distributors with the national list of specified
2 drugs as prescription drugs are added to or removed from the
3 list.
4     (f) The Department shall allow for an effective, unique
5 electronic product identification tracking system for drugs
6 subject to this Act to be implemented by, among others,
7 manufacturers, repackagers, pharmacies, and wholesale
8 distributors of such products. The system shall be designed to
9 deter and detect counterfeiting and to provide a means for
10 prescription drug product manufacturers, repackagers,
11 distributors, and pharmacies to authenticate the product. The
12 tracking system shall be implemented by December 31, 2010 and,
13 once implemented, shall replace the requirements of this
14 Section. The tracking system shall be deemed to be readily
15 available and in place only upon the availability of a
16 standardized system capable of being used on a wide scale
17 across the entire healthcare industry, which includes
18 manufacturers, wholesale distributors, and pharmacies.
 
19     (225 ILCS 120/25f new)
20     (Section scheduled to be repealed on January 1, 2013)
21     Sec. 25f. Due diligence review by purchasers. Prior to
22 purchasing any prescription drugs from another wholesale
23 distributor, the purchasing wholesale distributor shall obtain
24 all of the following information from the selling wholesale
25 distributor:
26         (1) A listing of the states that the company is
27     domiciled in and shipping into and copies of all current
28     State and federal regulatory licenses and registrations
29     that authorize the selling wholesaler to purchase,
30     possess, and distribute prescription drugs.
31         (2) The company's most recent facility inspection
32     report.
33             (A) A wholesale distributor may rely upon the
34         licensure authority's most recent inspection report of
35         the selling wholesale distributor to satisfy the

 

 

SB1739 Engrossed - 27 - LRB094 11222 RAS 41944 b

1         requirement of this paragraph (2). The licensure
2         authority, when requested, shall provide to a
3         purchasing wholesaler documentation that demonstrates
4         that the selling wholesaler had a satisfactory
5         inspection.
6             (B) If the Department has failed to conduct a
7         physical inspection of the selling wholesaler as
8         required under Section 25c, then the purchasing
9         wholesaler shall, before the initial purchase of any
10         drug from that selling wholesaler and at least once
11         every 3 years thereafter, inspect the selling
12         wholesale distributor's licensed establishment in
13         order to document that it has in place policies and
14         procedures relating to the distribution of drugs, the
15         appropriate temperature controlled environment for
16         drugs requiring temperature control, an alarm system,
17         appropriate access restrictions, and procedures to
18         ensure that records related to the wholesale
19         distribution of prescription drugs are maintained as
20         required by law.
21         (3) Information regarding the general and product
22     liability insurance the company maintains.
23         (4) A list of all corporate officers.
24         (5) A list of all owners of greater than 10% of the
25     company, unless it is a publicly held company.
26         (6) If the selling wholesale distributor claims to be
27     an authorized distributor of record, a written statement
28     from the company stating that it is an authorized
29     distributor of record and the basis on which this status
30     was given.
31         (7) A list of all disciplinary actions by State and
32     federal agencies against the company, as well as
33     principals, owners, and officers, over the last 7 years or
34     since the company was first licensed.
35         (8) A description, including the address, dimensions,
36     and other relevant information, of each facility or

 

 

SB1739 Engrossed - 28 - LRB094 11222 RAS 41944 b

1     warehouse that the company uses for drug storage and
2     distribution.
3         (9) A description and listing of all drug import and
4     export activities of the company.
5         (10) A description of the process the company uses to
6     validate and certify its suppliers and purchases,
7     including the supplier's status as an authorized
8     distributor of record.
9         (11) A description of the company's systems and
10     procedures for prompt reporting to appropriate State and
11     federal authorities and manufacturers of any suspected
12     counterfeit, stolen, or otherwise unlawful prescription
13     drug products or buyers or sellers of the same.
 
14     (225 ILCS 120/50)  (from Ch. 111, par. 8301-50)
15     (Section scheduled to be repealed on January 1, 2013)
16     Sec. 50. Inspection powers; access to records.
17     (a) The Department shall conduct a physical inspection of
18 each in-State applicant's facility prior to issuing a license
19 or, for a wholesale distributor with a valid license on the
20 effective date of this amendatory Act of the 94th General
21 Assembly, prior to issuing a renewal, with regular periodic
22 inspections conducted thereafter, no more than 3 years
23 following the last inspection.
24     Any pharmacy investigator authorized by the Department has
25 the right of entry for inspection during normal business hours
26 of premises purporting or appearing to be used by a wholesale
27 drug distributor in this State. The duly authorized
28 investigators shall be required to show appropriate
29 identification before given access to a wholesale drug
30 distributor's premises and delivery vehicles. Any wholesale
31 drug distributor providing adequate documentation of the most
32 recent satisfactory inspection less than 3 years old of the
33 distributor's wholesale drug distribution activities and
34 facilities by either the U.S. FDA, a State agency, or any
35 person or entity lawfully designated by a State agency to

 

 

SB1739 Engrossed - 29 - LRB094 11222 RAS 41944 b

1 perform an inspection determined to be comparable by the
2 Department shall be exempt from further inspection for a period
3 of time to be determined by the Department. The exemption shall
4 not bar
5     At any time, the Department may initiate from initiating an
6 investigation of a public or governmental complaint received by
7 the Department regarding a wholesale drug distributor.
8 Wholesale drug distributors shall be given an opportunity to
9 correct minor violations determined by these investigations.
10     (b) Wholesale drug distributors may keep records regarding
11 purchase and sales transactions at a central location apart
12 from the principal office of the wholesale drug distributor or
13 the location at which the drugs were stored and from which they
14 were shipped, provided that the records shall be made available
15 for inspection within 2 working days of a request by the
16 Department. The records may be kept in any form permissible
17 under federal law applicable to prescription drugs record
18 keeping.
19     (c) The Department shall employ a person whose title shall
20 be Assistant Drug Compliance Coordinator to assist the Drug
21 Compliance Coordinator in administering and enforcing this
22 Act.
23     (d) The Department must make publicly available on its
24 website the dates of the first and most recent inspections of
25 each wholesale distributor.
26 (Source: P.A. 87-594.)
 
27     (225 ILCS 120/55)  (from Ch. 111, par. 8301-55)
28     (Section scheduled to be repealed on January 1, 2013)
29     Sec. 55. Discipline; grounds.
30     (a) The Department may refuse to issue, restore, or renew,
31 or may revoke, suspend, place on probation, reprimand or take
32 other disciplinary action as the Department may deem proper for
33 any of the following reasons:
34         (1) Violation of this Act or its rules.
35         (2) Aiding or assisting another person in violating any

 

 

SB1739 Engrossed - 30 - LRB094 11222 RAS 41944 b

1     provision of this Act or its rules.
2         (3) Failing, within 60 days, to respond to a written
3     requirement made by the Department for information.
4         (4) Engaging in dishonorable, unethical, or
5     unprofessional conduct of a character likely to deceive,
6     defraud, or harm the public. This includes violations of
7     "good faith" as defined by the Illinois Controlled
8     Substances Act and applies to all prescription drugs.
9         (5) Discipline by another U.S. jurisdiction or foreign
10     nation, if at least one of the grounds for the discipline
11     is the same or substantially equivalent to those set forth
12     in this Act.
13         (6) Selling or engaging in the sale of drug samples
14     provided at no cost by drug manufacturers.
15         (7) Conviction of the applicant or licensee, or any
16     officer, director, manager or shareholder who owns more
17     than 5% of stock, in State or federal court of any crime
18     that is a felony.
19         (8) Habitual or excessive use or addiction to alcohol,
20     narcotics, stimulants, or any other chemical agent or drug
21     that results in the inability to function with reasonable
22     judgment, skill, or safety.
23     (b) The Department may refuse to issue, restore, or renew,
24 or may revoke, suspend, place on probation, reprimand or take
25 other disciplinary action as the Department may deem property
26 including fines not to exceed $1000 for any of the following
27 reasons:
28         (1) Material misstatement in furnishing information to
29     the Department.
30         (2) Making any misrepresentation for the purpose of
31     obtaining a license.
32         (3) A finding by the Department that the licensee,
33     after having his or her license placed on probationary
34     status, has violated the terms of probation.
35         (4) A finding that licensure or registration has been
36     applied for or obtained by fraudulent means.

 

 

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1         (5) Willfully making or filing false records or
2     reports.
3         (6) A finding of a substantial discrepancy in a
4     Department audit of a prescription drug, including a
5     controlled substance as that term is defined in this Act or
6     in the Illinois Controlled Substances Act.
7     (c) The Department may refuse to issue or may suspend the
8 license or registration of any person who fails to file a
9 return, or to pay the tax, penalty or interest shown in a filed
10 return, or to pay any final assessment of tax, penalty or
11 interest, as required by any tax Act administered by the
12 Illinois Department of Revenue, until the time the requirements
13 of the tax Act are satisfied.
14     (d) The Department shall revoke the license or certificate
15 of registration issued under this Act or any prior Act of this
16 State of any person who has been convicted a second time of
17 committing any felony under the Illinois Controlled Substances
18 Act or who has been convicted a second time of committing a
19 Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
20 Public Aid Code. A person whose license or certificate of
21 registration issued under this Act or any prior Act of this
22 State is revoked under this subsection (c) shall be prohibited
23 from engaging in the practice of pharmacy in this State.
24     (e) The Department shall notify the appropriate person upon
25 license suspension, revocation, expiration, or other relevant
26 action and make such actions publicly available on its website
27 within 5 working days.
28 (Source: P.A. 87-594.)
 
29     (225 ILCS 120/170)  (from Ch. 111, par. 8301-170)
30     (Section scheduled to be repealed on January 1, 2013)
31     Sec. 170. Penalties. Any person who is found to have
32 violated any provision of this Act, except as provided in
33 Section 20, is guilty of a Class A misdemeanor. On conviction
34 of a second or subsequent offense, the violator shall be guilty
35 of a Class 4 felony. All criminal fines, monies, or property

 

 

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1 collected or received by the Department under this Section or
2 any other State or federal statute, including, but not limited
3 to, property forfeited to the Department under Section 505 of
4 the Illinois Controlled Substances Act, shall be deposited into
5 the Professional Regulation Evidence Fund.
6 (Source: P.A. 87-594.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     5 ILCS 140/7 from Ch. 116, par. 207
4     5 ILCS 80/4.23
5     225 ILCS 120/1 from Ch. 111, par. 8301-1
6     225 ILCS 120/10 from Ch. 111, par. 8301-10
7     225 ILCS 120/15 from Ch. 111, par. 8301-15
8     225 ILCS 120/20 from Ch. 111, par. 8301-20
9     225 ILCS 120/25 from Ch. 111, par. 8301-25
10     225 ILCS 120/25a new
11     225 ILCS 120/25b new
12     225 ILCS 120/25c new
13     225 ILCS 120/25d new
14     225 ILCS 120/25e new
15     225 ILCS 120/25f new
16     225 ILCS 120/50 from Ch. 111, par. 8301-50
17     225 ILCS 120/55 from Ch. 111, par. 8301-55
18     225 ILCS 120/170 from Ch. 111, par. 8301-170