Full Text of SB1739 94th General Assembly
SB1739sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/11/2005
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| AMENDMENT TO SENATE BILL 1739
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| AMENDMENT NO. ______. Amend Senate Bill 1739 as follows: | 3 |
| on page 15, by replacing lines 3 through 22 with the following:
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| "Sec. 20. Prohibited acts
drug purchases or receipt . It | 5 |
| shall be unlawful for a person to perform or cause the | 6 |
| performance of or to aid and abet any of the following acts in | 7 |
| this State:
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| (1) Failing to obtain a license in accordance with this | 9 |
| Act or operating without a valid license when a license is | 10 |
| required under this Act. | 11 |
| (2) Purchasing or otherwise receiving a prescription | 12 |
| drug from a pharmacy without meeting the requirements of | 13 |
| subsection (b) of Section 3 of this Act. | 14 |
| (3) Selling, distributing, or transferring a | 15 |
| prescription drug to a person that is not authorized to | 16 |
| receive the prescription drug under the laws of the | 17 |
| jurisdiction in which the person receives the prescription | 18 |
| drug in violation of subsection (c) of Section 3 of this | 19 |
| Act. | 20 |
| (4) Failing to deliver prescription drugs to specified | 21 |
| premises, as required under subsection (d) of Section 3 of | 22 |
| this Act. | 23 |
| (5) Accepting payment or credit for the sale of | 24 |
| prescription drugs in violation of subsection (e) of | 25 |
| Section 3 of this Act. |
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| (6) Failing to maintain or provide pedigrees as | 2 |
| required under this Act. | 3 |
| (7) Failing to obtain, pass, or authenticate a | 4 |
| pedigree, as required under this Act. | 5 |
| (8) Providing the State or any of its representatives | 6 |
| or any federal official with false or fraudulent records or | 7 |
| making false or fraudulent statements regarding any matter | 8 |
| within the provisions of this Act. | 9 |
| (9) Obtaining or attempting to obtain a prescription | 10 |
| drug by fraud, deceit, misrepresentation, or engaging in | 11 |
| misrepresentation or fraud in the distribution of a | 12 |
| prescription drug. | 13 |
| (10) Except for the wholesale distribution by | 14 |
| manufacturers of a prescription drug that has been | 15 |
| delivered into commerce pursuant to an application | 16 |
| approved under federal law by the U.S. Food and Drug | 17 |
| Administration, manufacturing, repacking, selling, | 18 |
| transferring, delivering, holding, or offering for sale | 19 |
| any prescription drug that is adulterated, misbranded, | 20 |
| counterfeit, suspected of being counterfeit, or has | 21 |
| otherwise been rendered unfit for distribution.
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| (11) Except for the wholesale distribution by | 23 |
| manufacturers of a prescription drug that has been | 24 |
| delivered into commerce pursuant to an application | 25 |
| approved under federal law by the U.S. Food and Drug | 26 |
| Administration, adulterating, misbranding, or | 27 |
| counterfeiting any prescription drug. | 28 |
| (12) Receiving any prescription drug that has been | 29 |
| adulterated, misbranded, stolen, obtained by fraud or | 30 |
| deceit, counterfeited, or suspected of being | 31 |
| counterfeited, and delivering or proffering the delivery | 32 |
| of such drug for pay or otherwise. | 33 |
| (13) Altering, mutilating, destructing, obliterating, | 34 |
| or removing the whole or any part of the labeling of a |
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| prescription drug or committing any other act with respect | 2 |
| to a prescription drug that results in the prescription | 3 |
| drug being misbranded. "; and
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| on page 16, by replacing lines 1 through 5 with the following: | 5 |
| "Sec. 25. Wholesale drug distributor licensing | 6 |
| requirements. To engage in wholesale distribution in Illinois, | 7 |
| every wholesale distributor or pharmacy distributor who | 8 |
| engages in the wholesale distribution of prescription drugs | 9 |
| must be licensed by the state licensing authority in the state | 10 |
| in which it resides, and every non-resident wholesale | 11 |
| distributor must be licensed in a state if it ships | 12 |
| prescription drugs into that state and in accordance with this | 13 |
| Act, before engaging in wholesale distributions of wholesale | 14 |
| prescription drugs. The Department shall exempt manufacturers | 15 |
| from any licensing and other requirements of this Section to | 16 |
| the extent that the requirements are not required by federal | 17 |
| law or regulation, unless particular requirements are deemed | 18 |
| necessary and appropriate following rulemaking.
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| Except as set forth above, all
All wholesale distributors | 20 |
| and pharmacy distributors, wherever located, who engage in | 21 |
| wholesale distribution into, out of, or within the State shall | 22 |
| be subject to the following requirements:"; and
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| on page 25, lines 3, 5, 9, and 17, by replacing " specified " | 24 |
| each time it appears with " prescription "; and | 25 |
| on page 25, line 8, by replacing " specific unit of specified " | 26 |
| with " prescription "; and | 27 |
| on page 25, lines 11 and 12, by replacing " specific unit of the | 28 |
| specified drug " with " prescription "; and
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| on page 25, line 14, by replacing " drug specified on the list " |
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| with " prescription drug "; and
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| on page 25, lines 21 and 25, by replacing " specific unit of the | 3 |
| specified " each time it appears with " prescription "; and
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| on page 25, by replacing lines 27 through 36 with the | 5 |
| following: | 6 |
| " (e) The Department shall conduct a study concerning | 7 |
| electronic pedigrees, which shall be completed no later than | 8 |
| January 1, 2010. In conducting the study, the Department shall | 9 |
| consult with manufacturers, distributors, and pharmacies | 10 |
| responsible for the sale and distribution of prescription drug | 11 |
| products in the State. Based on the results of the study, the | 12 |
| Department shall determine a mandated implementation for | 13 |
| electronic pedigrees. The implementation date for the mandated | 14 |
| electronic pedigree shall not be sooner than December 31, | 15 |
| 2010. "; and
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| on page 26, by deleting lines 1 through 18; and
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| on page 31, by replacing lines 31 through 35 with the | 18 |
| following: | 19 |
| "Sec. 170. Penalties. | 20 |
| (a) Any person who engages in the wholesale distribution of | 21 |
| prescription drugs in violation of this Act is guilty of a | 22 |
| Class 1 felony, for which the maximum term of imprisonment | 23 |
| shall be 15 years or a fine of $50,000 may be imposed, or both. | 24 |
| (b) Any person who knowingly engages in the wholesale | 25 |
| distribution of prescription drugs in violation of this Act is | 26 |
| guilty of a Class X felony, for which a fine of $500,000 may be | 27 |
| imposed in addition to a term of imprisonment.
Any person who | 28 |
| is found to have violated any provision of this Act is guilty | 29 |
| of a Class A misdemeanor. On conviction of a second or | 30 |
| subsequent offense, the violator shall be guilty of a Class 4 |
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| felony. All criminal fines, monies, or property collected or | 2 |
| received by the Department under this Section or any other | 3 |
| State or federal statute, including, but not limited to, | 4 |
| property forfeited to the Department under Section 505 of the | 5 |
| Illinois Controlled Substances Act, shall be deposited into the | 6 |
| Professional Regulation Evidence Fund. "; and
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| on page 32, by deleting lines 1 through 5.
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