Full Text of HB0813 95th General Assembly
HB0813ham001 95TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/6/2007
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LRB095 09713 DRJ 32467 a |
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| AMENDMENT TO HOUSE BILL 813
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| AMENDMENT NO. ______. Amend House Bill 813 by replacing all | 3 |
| of Sections 1 through 35 with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Cancer Drug Repository Program Act. | 6 |
| Section 5. Definitions. In this Act: | 7 |
| "Cancer drug" means a prescription drug that is used to | 8 |
| treat any of the following: | 9 |
| (1) Cancer or side effects of cancer. | 10 |
| (2) The side effects of any prescription drug that is | 11 |
| used to treat cancer or side effects of cancer. | 12 |
| "Department" means the Department of Public Health. | 13 |
| "Dispense" has the meaning given to that term in the | 14 |
| Pharmacy Practice Act of 1987. | 15 |
| "Pharmacist" means an individual licensed to engage in the | 16 |
| practice of pharmacy under the Pharmacy Practice Act of 1987. |
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| "Pharmacy" means a pharmacy registered in this State under | 2 |
| the Pharmacy Practice Act of 1987. | 3 |
| "Practitioner" means a person licensed in this State to | 4 |
| prescribe and administer drugs or licensed in another state and | 5 |
| recognized by this State as a person authorized to prescribe | 6 |
| and administer drugs. | 7 |
| "Prescription drug" means any prescribed drug that may be | 8 |
| legally dispensed by a pharmacy. | 9 |
| "Program" means the cancer drug repository program | 10 |
| established under this Act. | 11 |
| Section 10. Cancer drug repository program. The Department | 12 |
| shall establish and maintain a cancer drug repository program, | 13 |
| under which any person may donate a cancer drug or supplies | 14 |
| needed to administer a cancer drug for use by an individual who | 15 |
| meets eligibility criteria specified by the Department in | 16 |
| rules. Donations may be made on the premises of a pharmacy that | 17 |
| elects to participate in the program and meets requirements | 18 |
| specified by the Department in rules. The pharmacy may charge | 19 |
| an individual who receives a cancer drug or supplies needed to | 20 |
| administer a cancer drug under this Act a handling fee that may | 21 |
| not exceed the amount specified by the Department in rules. A | 22 |
| pharmacy that receives a donated cancer drug or supplies needed | 23 |
| to administer a cancer drug under this Act may distribute the | 24 |
| cancer drug or supplies to another eligible pharmacy for use | 25 |
| under the program.
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| Section 15. Requirements for accepting and dispensing | 2 |
| cancer drugs and supplies. A cancer drug or supplies needed to | 3 |
| administer a cancer drug may be accepted and dispensed under | 4 |
| the program only if all of the following requirements are met:
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| (1) The cancer drug or supplies needed to administer a | 6 |
| cancer drug are in their original, unopened, sealed, and | 7 |
| tamper-evident unit-dose packaging or, if packaged in | 8 |
| single-unit doses, the single-unit-dose packaging is | 9 |
| unopened.
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| (2) The cancer drug bears an expiration date that is | 11 |
| later than 6 months after the date that the drug was | 12 |
| donated.
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| (3) The cancer drug or supplies needed to administer a | 14 |
| cancer drug are not adulterated or misbranded, as | 15 |
| determined by a pharmacist employed by, or under contract | 16 |
| with, the pharmacy where the drug or supplies are accepted | 17 |
| or dispensed. The pharmacist must inspect the drug or | 18 |
| supplies before the drug or supplies are dispensed.
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| (4) The cancer drug or supplies needed to administer a | 20 |
| cancer drug are prescribed by a practitioner for use by an | 21 |
| eligible individual.
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| Section 20. Resale of donated drugs or supplies prohibited. | 23 |
| No cancer drug or supplies needed to administer a cancer drug | 24 |
| that are donated for use under this Act may be resold.
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| Section 25. Participation in program not required. Nothing | 2 |
| in this Act requires that a pharmacy or pharmacist participate | 3 |
| in the cancer drug repository program.
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| Section 30. Immunity. | 5 |
| (a) Unless the manufacturer's conduct is wilful and wanton, | 6 |
| a manufacturer of a drug or supply is not subject to criminal | 7 |
| or civil liability for injury, death, or loss to a person or | 8 |
| property for matters related to the donation, acceptance, or | 9 |
| dispensing of a cancer drug or supply manufactured by the | 10 |
| manufacturer that is donated by any person under this Act.
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| (b) Unless the person's conduct is wilful and wanton, a | 12 |
| person is immune from civil liability for injury to or the | 13 |
| death of the individual to whom the cancer drug or supply is | 14 |
| dispensed and may not be found guilty of unprofessional conduct | 15 |
| for his or her acts or omissions related to donating, | 16 |
| accepting, distributing, or dispensing a cancer drug or supply | 17 |
| under this Act. | 18 |
| Section 35. Rules. The Department shall adopt all of the | 19 |
| following as rules: | 20 |
| (1) Requirements for pharmacies to accept and dispense | 21 |
| donated cancer drugs or supplies needed to administer | 22 |
| cancer drugs under this Act, including all of the | 23 |
| following:
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| (A) Eligibility criteria. | 2 |
| (B) Standards and procedures for accepting, safely | 3 |
| storing, and dispensing donated cancer drugs or | 4 |
| supplies needed to administer cancer drugs.
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| (C) Standards and procedures for inspecting | 6 |
| donated cancer drugs or supplies needed to administer | 7 |
| cancer drugs to determine whether the drugs or supplies | 8 |
| are in their original, unopened, sealed, and | 9 |
| tamper-evident unit-dose packaging or, if packaged in | 10 |
| single-unit doses, the single-unit-dose packaging is | 11 |
| unopened.
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| (D) Standards and procedures for inspecting | 13 |
| donated cancer drugs or supplies needed to administer | 14 |
| cancer drugs to determine that the drugs or supplies | 15 |
| needed to administer cancer drugs are not adulterated | 16 |
| or misbranded.
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| (2) Eligibility criteria for individuals to receive | 18 |
| donated cancer drugs or supplies needed to administer | 19 |
| cancer drugs dispensed under the cancer drug repository | 20 |
| program. The standards shall prioritize dispensation to | 21 |
| individuals who are uninsured or indigent but must permit | 22 |
| dispensation to others if an uninsured or indigent | 23 |
| individual is unavailable.
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| (3) A means, such as an identification card, by which | 25 |
| an individual who is eligible to receive a donated cancer | 26 |
| drug or supplies needed to administer a cancer drug may |
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| indicate that eligibility.
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| (4) Necessary forms for administration of the cancer | 3 |
| drug repository program, including forms for use by persons | 4 |
| that donate, accept, distribute, or dispense cancer drugs | 5 |
| or supplies needed to administer cancer drugs under the | 6 |
| program.
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| (5) The maximum handling fee that a pharmacy may charge | 8 |
| for accepting, distributing, or dispensing donated cancer | 9 |
| drugs or supplies needed to administer cancer drugs. | 10 |
| (6) A list of cancer drugs and supplies needed to | 11 |
| administer cancer drugs, arranged by category or by | 12 |
| individual cancer drug or supply, that the cancer drug | 13 |
| repository program will accept for dispensing. | 14 |
| (7) A list of cancer drugs and supplies needed to | 15 |
| administer cancer drugs, arranged by category or by | 16 |
| individual cancer drug or supply, that the cancer drug | 17 |
| repository program will not accept for dispensing. The list | 18 |
| must include a statement that specifies the reason that the | 19 |
| drug or supplies are ineligible for donation.
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| The Department may also adopt any other rules deemed | 21 |
| necessary to implement this Act.".
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