Full Text of HB5726 95th General Assembly
HB5726 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5726
Introduced , by Rep. Jay C. Hoffman SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/7 |
from Ch. 116, par. 207 |
20 ILCS 2205/2205-15 new |
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Amends the Freedom of Information Act and the Department of Public Aid Law of the
Civil Administrative Code of Illinois. Provides that every manufacturer or labeler of prescription drugs dispensed in this State that employs, directs, or utilizes marketing representatives must report the manufacturer or labeler's advertising costs for prescription drugs, based on aggregate national data, to the Department of Healthcare and Family Services. Provides that the purpose of the reporting is to assist the State in its role as a purchaser of prescription drugs and an administrator of prescription drug programs. Makes certain items exempt from the reporting requirements, including free samples of prescription drugs intended to be distributed to patients. Provides that information reported to the Department is confidential and not a public record subject to disclosure under the Freedom of Information Act. Requires the Department to establish programs aimed at educating health care practitioners about the relative costs and benefits of various prescription drugs. Authorizes the Department to assign responsibilities to the Special Advocate for Prescription Drugs within the Department.
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A BILL FOR
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HB5726 |
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LRB095 19912 DRJ 46329 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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.
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| (1) The following shall be exempt from inspection and | 9 |
| copying:
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| (a) Information specifically prohibited from | 11 |
| disclosure by federal or
State law or rules and regulations | 12 |
| adopted under federal or State law.
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| (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
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| privacy. Information exempted under this subsection (b) | 20 |
| shall include but
is not limited to:
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| (i) files and personal information maintained with | 22 |
| respect to
clients, patients, residents, students or | 23 |
| other individuals receiving
social, medical, |
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| educational, vocational, financial, supervisory or
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| custodial care or services directly or indirectly from | 3 |
| federal agencies
or public bodies;
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| (ii) personnel files and personal information | 5 |
| maintained with
respect to employees, appointees or | 6 |
| elected officials of any public body or
applicants for | 7 |
| those positions;
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| (iii) files and personal information maintained | 9 |
| with respect to any
applicant, registrant or licensee | 10 |
| by any public body cooperating with or
engaged in | 11 |
| professional or occupational registration, licensure | 12 |
| or discipline;
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| (iv) information required of any taxpayer in | 14 |
| connection with the
assessment or collection of any tax | 15 |
| unless disclosure is otherwise required
by State | 16 |
| statute;
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| (v) information revealing the identity of persons | 18 |
| who file complaints
with or provide information to | 19 |
| administrative, investigative, law enforcement
or | 20 |
| penal agencies; provided, however, that identification | 21 |
| of witnesses to
traffic accidents, traffic accident | 22 |
| reports, and rescue reports may be provided
by agencies | 23 |
| of local government, except in a case for which a | 24 |
| criminal
investigation is ongoing, without | 25 |
| constituting a clearly unwarranted per se
invasion of | 26 |
| personal privacy under this subsection; and
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| (vi) the names, addresses, or other personal | 2 |
| information of
participants and registrants in park | 3 |
| district, forest preserve district, and
conservation | 4 |
| district programs.
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| (c) Records compiled by any public body for | 6 |
| administrative enforcement
proceedings and any law | 7 |
| enforcement or correctional agency for
law enforcement | 8 |
| purposes or for internal matters of a public body,
but only | 9 |
| to the extent that disclosure would:
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| (i) interfere with pending or actually and | 11 |
| reasonably contemplated
law enforcement proceedings | 12 |
| conducted by any law enforcement or correctional
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| agency;
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| (ii) interfere with pending administrative | 15 |
| enforcement proceedings
conducted by any public body;
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| (iii) deprive a person of a fair trial or an | 17 |
| impartial hearing;
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| (iv) unavoidably disclose the identity of a | 19 |
| confidential source or
confidential information | 20 |
| furnished only by the confidential source;
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| (v) disclose unique or specialized investigative | 22 |
| techniques other than
those generally used and known or | 23 |
| disclose internal documents of
correctional agencies | 24 |
| related to detection, observation or investigation of
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| incidents of crime or misconduct;
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| (vi) constitute an invasion of personal privacy |
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| under subsection (b) of
this Section;
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| (vii) endanger the life or physical safety of law | 3 |
| enforcement personnel
or any other person; or
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| (viii) obstruct an ongoing criminal investigation.
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| (d) Criminal history record information maintained by | 6 |
| State or local
criminal justice agencies, except the | 7 |
| following which shall be open for
public inspection and | 8 |
| copying:
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| (i) chronologically maintained arrest information, | 10 |
| such as traditional
arrest logs or blotters;
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| (ii) the name of a person in the custody of a law | 12 |
| enforcement agency and
the charges for which that | 13 |
| person is being held;
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| (iii) court records that are public;
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| (iv) records that are otherwise available under | 16 |
| State or local law; or
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| (v) records in which the requesting party is the | 18 |
| individual
identified, except as provided under part | 19 |
| (vii) of
paragraph (c) of subsection (1) of this | 20 |
| Section.
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| "Criminal history record information" means data | 22 |
| identifiable to an
individual and consisting of | 23 |
| descriptions or notations of arrests,
detentions, | 24 |
| indictments, informations, pre-trial proceedings, trials, | 25 |
| or
other formal events in the criminal justice system or | 26 |
| descriptions or
notations of criminal charges (including |
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| criminal violations of local
municipal ordinances) and the | 2 |
| nature of any disposition arising therefrom,
including | 3 |
| sentencing, court or correctional supervision, | 4 |
| rehabilitation and
release. The term does not apply to | 5 |
| statistical records and reports in
which individuals are | 6 |
| not identified and from which
their identities are not | 7 |
| ascertainable, or to information that is for
criminal | 8 |
| investigative or intelligence purposes.
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| (e) Records that relate to or affect the security of | 10 |
| correctional
institutions and detention facilities.
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| (f) Preliminary drafts, notes, recommendations, | 12 |
| memoranda and other
records in which opinions are | 13 |
| expressed, or policies or actions are
formulated, except | 14 |
| that a specific record or relevant portion of a
record | 15 |
| shall not be exempt when the record is publicly cited
and | 16 |
| identified by the head of the public body. The exemption | 17 |
| provided in
this paragraph (f) extends to all those records | 18 |
| of officers and agencies
of the General Assembly that | 19 |
| pertain to the preparation of legislative
documents.
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| (g) Trade secrets and commercial or financial | 21 |
| information obtained from
a person or business where the | 22 |
| trade secrets or information are
proprietary, privileged | 23 |
| or confidential, or where disclosure of the trade
secrets | 24 |
| or information may cause competitive harm, including: | 25 |
| (i) All
information determined to be confidential | 26 |
| under Section 4002 of the
Technology Advancement and |
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| Development Act. | 2 |
| (ii) All trade secrets and commercial or financial | 3 |
| information obtained by a public body, including a | 4 |
| public pension fund, from a private equity fund or a | 5 |
| privately held company within the investment portfolio | 6 |
| of a private equity fund as a result of either | 7 |
| investing or evaluating a potential investment of | 8 |
| public funds in a private equity fund. The exemption | 9 |
| contained in this item does not apply to the aggregate | 10 |
| financial performance information of a private equity | 11 |
| fund, nor to the identity of the fund's managers or | 12 |
| general partners. The exemption contained in this item | 13 |
| does not apply to the identity of a privately held | 14 |
| company within the investment portfolio of a private | 15 |
| equity fund, unless the disclosure of the identity of a | 16 |
| privately held company may cause competitive harm.
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| Nothing contained in this
paragraph (g) shall be construed | 18 |
| to prevent a person or business from
consenting to disclosure.
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| (h) Proposals and bids for any contract, grant, or | 20 |
| agreement, including
information which if it were | 21 |
| disclosed would frustrate procurement or give
an advantage | 22 |
| to any person proposing to enter into a contractor | 23 |
| agreement
with the body, until an award or final selection | 24 |
| is made. Information
prepared by or for the body in | 25 |
| preparation of a bid solicitation shall be
exempt until an | 26 |
| award or final selection is made.
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| (i) Valuable formulae,
computer geographic systems,
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| designs, drawings and research data obtained or
produced by | 3 |
| any public body when disclosure could reasonably be | 4 |
| expected to
produce private gain or public loss.
The | 5 |
| exemption for "computer geographic systems" provided in | 6 |
| this paragraph
(i) does not extend to requests made by news | 7 |
| media as defined in Section 2 of
this Act when the | 8 |
| requested information is not otherwise exempt and the only
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| purpose of the request is to access and disseminate | 10 |
| information regarding the
health, safety, welfare, or | 11 |
| legal rights of the general public.
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| (j) Test questions, scoring keys and other examination | 13 |
| data used to
administer an academic examination or | 14 |
| determined the qualifications of an
applicant for a license | 15 |
| or employment.
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| (k) Architects' plans, engineers' technical | 17 |
| submissions, and
other
construction related technical | 18 |
| documents for
projects not constructed or developed in | 19 |
| whole or in part with public funds
and the same for | 20 |
| projects constructed or developed with public funds, but
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| only to the extent
that disclosure would compromise | 22 |
| security, including but not limited to water
treatment | 23 |
| facilities, airport facilities, sport stadiums, convention | 24 |
| centers,
and all government owned, operated, or occupied | 25 |
| buildings.
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| (l) Library circulation and order records identifying |
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| library users with
specific materials.
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| (m) Minutes of meetings of public bodies closed to the
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| public as provided in the Open Meetings Act until the | 4 |
| public body
makes the minutes available to the public under | 5 |
| Section 2.06 of the Open
Meetings Act.
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| (n) Communications between a public body and an | 7 |
| attorney or auditor
representing the public body that would | 8 |
| not be subject to discovery in
litigation, and materials | 9 |
| prepared or compiled by or for a public body in
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| anticipation of a criminal, civil or administrative | 11 |
| proceeding upon the
request of an attorney advising the | 12 |
| public body, and materials prepared or
compiled with | 13 |
| respect to internal audits of public bodies.
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| (o) Information received by a primary or secondary | 15 |
| school, college or
university under its procedures for the | 16 |
| evaluation of faculty members by
their academic peers.
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| (p) Administrative or technical information associated | 18 |
| with automated
data processing operations, including but | 19 |
| not limited to software,
operating protocols, computer | 20 |
| program abstracts, file layouts, source
listings, object | 21 |
| modules, load modules, user guides, documentation
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| pertaining to all logical and physical design of | 23 |
| computerized systems,
employee manuals, and any other | 24 |
| information that, if disclosed, would
jeopardize the | 25 |
| security of the system or its data or the security of
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| materials exempt under this Section.
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| (q) Documents or materials relating to collective | 2 |
| negotiating matters
between public bodies and their | 3 |
| employees or representatives, except that
any final | 4 |
| contract or agreement shall be subject to inspection and | 5 |
| copying.
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| (r) Drafts, notes, recommendations and memoranda | 7 |
| pertaining to the
financing and marketing transactions of | 8 |
| the public body. The records of
ownership, registration, | 9 |
| transfer, and exchange of municipal debt
obligations, and | 10 |
| of persons to whom payment with respect to these | 11 |
| obligations
is made.
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| (s) The records, documents and information relating to | 13 |
| real estate
purchase negotiations until those negotiations | 14 |
| have been completed or
otherwise terminated. With regard to | 15 |
| a parcel involved in a pending or
actually and reasonably | 16 |
| contemplated eminent domain proceeding under the Eminent | 17 |
| Domain Act, records, documents and
information relating to | 18 |
| that parcel shall be exempt except as may be
allowed under | 19 |
| discovery rules adopted by the Illinois Supreme Court. The
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| records, documents and information relating to a real | 21 |
| estate sale shall be
exempt until a sale is consummated.
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| (t) Any and all proprietary information and records | 23 |
| related to the
operation of an intergovernmental risk | 24 |
| management association or
self-insurance pool or jointly | 25 |
| self-administered health and accident
cooperative or pool.
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| (u) Information concerning a university's adjudication |
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| of student or
employee grievance or disciplinary cases, to | 2 |
| the extent that disclosure
would reveal the identity of the | 3 |
| student or employee and information
concerning any public | 4 |
| body's adjudication of student or employee grievances
or | 5 |
| disciplinary cases, except for the final outcome of the | 6 |
| cases.
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| (v) Course materials or research materials used by | 8 |
| faculty members.
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| (w) Information related solely to the internal | 10 |
| personnel rules and
practices of a public body.
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| (x) Information contained in or related to | 12 |
| examination, operating, or
condition reports prepared by, | 13 |
| on behalf of, or for the use of a public
body responsible | 14 |
| for the regulation or supervision of financial
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| institutions or insurance companies, unless disclosure is | 16 |
| otherwise
required by State law.
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| (y) Information the disclosure of which is restricted | 18 |
| under Section
5-108 of the Public Utilities Act.
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| (z) Manuals or instruction to staff that relate to | 20 |
| establishment or
collection of liability for any State tax | 21 |
| or that relate to investigations
by a public body to | 22 |
| determine violation of any criminal law.
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| (aa) Applications, related documents, and medical | 24 |
| records received by
the Experimental Organ Transplantation | 25 |
| Procedures Board and any and all
documents or other records | 26 |
| prepared by the Experimental Organ
Transplantation |
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| Procedures Board or its staff relating to applications
it | 2 |
| has received.
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| (bb) Insurance or self insurance (including any | 4 |
| intergovernmental risk
management association or self | 5 |
| insurance pool) claims, loss or risk
management | 6 |
| information, records, data, advice or communications.
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| (cc) Information and records held by the Department of | 8 |
| Public Health and
its authorized representatives relating | 9 |
| to known or suspected cases of
sexually transmissible | 10 |
| disease or any information the disclosure of which
is | 11 |
| restricted under the Illinois Sexually Transmissible | 12 |
| Disease Control Act.
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| (dd) Information the disclosure of which is exempted | 14 |
| under Section 30
of the Radon Industry Licensing Act.
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| (ee) Firm performance evaluations under Section 55 of | 16 |
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Architectural, Engineering, and Land Surveying | 17 |
| Qualifications Based
Selection Act.
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| (ff) Security portions of system safety program plans, | 19 |
| investigation
reports, surveys, schedules, lists, data, or | 20 |
| information compiled, collected,
or prepared by or for the | 21 |
| Regional Transportation Authority under Section 2.11
of | 22 |
| the Regional Transportation Authority Act or the St. Clair | 23 |
| County Transit
District under the
Bi-State Transit Safety | 24 |
| Act.
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| (gg) Information the disclosure of which is restricted | 26 |
| and
exempted under Section 50 of the Illinois Prepaid |
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| Tuition Act.
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| (hh) Information the disclosure of which is
exempted | 3 |
| under the State Officials and Employees Ethics Act.
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| (ii) Beginning July 1, 1999, information that would | 5 |
| disclose
or might lead to the disclosure of
secret or | 6 |
| confidential information, codes, algorithms, programs, or | 7 |
| private
keys intended to be used to create electronic or | 8 |
| digital signatures under the
Electronic Commerce Security | 9 |
| Act.
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| (jj) Information contained in a local emergency energy | 11 |
| plan submitted to
a municipality in accordance with a local | 12 |
| emergency energy plan ordinance that
is adopted under | 13 |
| Section 11-21.5-5 of the Illinois Municipal Code.
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| (kk) Information and data concerning the distribution | 15 |
| of
surcharge moneys collected and remitted by wireless | 16 |
| carriers under the Wireless
Emergency Telephone Safety | 17 |
| Act.
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| (ll) Vulnerability assessments, security measures, and | 19 |
| response policies
or plans that are designed to identify, | 20 |
| prevent, or respond to potential
attacks upon a community's | 21 |
| population or systems, facilities, or installations,
the | 22 |
| destruction or contamination of which would constitute a | 23 |
| clear and present
danger to the health or safety of the | 24 |
| community, but only to the extent that
disclosure could | 25 |
| reasonably be expected to jeopardize the effectiveness of | 26 |
| the
measures or the safety of the personnel who implement |
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| them or the public.
Information exempt under this item may | 2 |
| include such things as details
pertaining to the | 3 |
| mobilization or deployment of personnel or equipment, to | 4 |
| the
operation of communication systems or protocols, or to | 5 |
| tactical operations.
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| (mm) Maps and other records regarding the location or | 7 |
| security of generation, transmission, distribution, | 8 |
| storage, gathering,
treatment, or switching facilities | 9 |
| owned by a utility or by the Illinois Power Agency.
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| (nn) Law enforcement officer identification | 11 |
| information or
driver
identification
information compiled | 12 |
| by a law enforcement agency or the Department of
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| Transportation
under Section 11-212 of the Illinois | 14 |
| Vehicle Code.
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| (oo) Records and information provided to a residential
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| health care
facility resident sexual assault
and death | 17 |
| review team or the Executive Council under the Abuse | 18 |
| Prevention Review Team Act.
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| (pp) Information provided to the predatory lending | 20 |
| database created pursuant to Article 3 of the Residential | 21 |
| Real Property Disclosure Act, except to the extent | 22 |
| authorized under that Article.
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| (qq) Defense budgets and petitions for certification | 24 |
| of compensation and expenses for court appointed trial | 25 |
| counsel as provided under Sections 10 and 15 of the Capital | 26 |
| Crimes Litigation Act. This subsection (qq) shall apply |
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| until the conclusion of the trial of the case, even if the | 2 |
| prosecution chooses not to pursue the death penalty prior | 3 |
| to trial or sentencing.
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| (rr) Information contained in or related to proposals, | 5 |
| bids, or negotiations related to electric power | 6 |
| procurement under Section 1-75 of the Illinois Power Agency | 7 |
| Act and Section 16-111.5 of the Public Utilities Act that | 8 |
| is determined to be confidential and proprietary by the | 9 |
| Illinois Power Agency or by the Illinois Commerce | 10 |
| Commission.
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| (ss) Information reported to the Department of | 12 |
| Healthcare and Family Services by a prescription drug | 13 |
| manufacturer or labeler under Section 2205-15 of the | 14 |
| Department of Public Aid Law of the
Civil Administrative | 15 |
| Code of Illinois. | 16 |
| (2) This Section does not authorize withholding of | 17 |
| information or limit the
availability of records to the public, | 18 |
| except as stated in this Section or
otherwise provided in this | 19 |
| Act.
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| (Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664, | 21 |
| eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; | 22 |
| 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. | 23 |
| 8-28-07.)
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| Section 10. The Department of Public Aid Law of the
Civil | 25 |
| Administrative Code of Illinois is amended by adding Section |
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| 2205-15 as follows: | 2 |
| (20 ILCS 2205/2205-15 new) | 3 |
| Sec. 2205-15. Prescription drugs; reporting of advertising | 4 |
| costs; prescriber education. | 5 |
| (a) Every manufacturer or labeler of prescription drugs | 6 |
| dispensed in this State that employs, directs, or utilizes | 7 |
| marketing representatives must report the manufacturer or | 8 |
| labeler's advertising costs for prescription drugs, based on | 9 |
| aggregate national data, to the Department of Healthcare and | 10 |
| Family Services. The purpose of this reporting is to assist the | 11 |
| State in its role as a purchaser of prescription drugs and an | 12 |
| administrator of prescription drug programs, enabling the | 13 |
| State to determine the scope of prescription drug advertising | 14 |
| costs and their effect on the cost, utilization, and delivery | 15 |
| of health care services and furthering the role of this State | 16 |
| as guardian of the public interest. The reporting of this | 17 |
| information will allow the State to obtain an accurate view of | 18 |
| the level and scope of drug marketing and advertising in | 19 |
| Illinois. The assignment of responsibilities to the Department | 20 |
| under this Section is appropriate in light of the Department's | 21 |
| responsibilities in connection with State healthcare | 22 |
| purchasing. | 23 |
| (b) The Department shall adopt rules establishing the | 24 |
| reporting requirements for prescription drug manufacturers and | 25 |
| labelers under this Section. The information to be reported |
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| must include all national aggregate expenses associated with | 2 |
| the advertising and direct promotion of prescription drugs | 3 |
| through radio, television, magazines, newspapers, direct mail, | 4 |
| and telephone communications as they pertain to residents of | 5 |
| this State. In developing the rules, the Department shall | 6 |
| explore requirements and criteria, including the level of | 7 |
| detail, for manufacturers and labelers to report their | 8 |
| expenditures for advertising, marketing, and promotion, based | 9 |
| on aggregate national data. The Department also shall work to | 10 |
| achieve disclosure of the amounts spent by prescription drug | 11 |
| manufacturers and labelers with regard to expenditures for | 12 |
| advertising, marketing, and promotion, as well as for provider | 13 |
| incentives and research and development efforts. The | 14 |
| information required to be reported under this Section shall | 15 |
| include, but need not be limited to, the following: | 16 |
| (1) The names and qualifications of drug sales | 17 |
| representatives who call on prescribers of prescription | 18 |
| drugs in this State or otherwise operate within this State | 19 |
| ("Illinois drug sales representatives"). | 20 |
| (2) The aggregate expenditures by each manufacturer or | 21 |
| labeler that are associated with the manufacturer or | 22 |
| labeler's Illinois drug sales representatives, including | 23 |
| salaries, benefits, support staff, marketing program | 24 |
| expenses, outside contractors, and expense accounts. A | 25 |
| manufacturer or labeler must report only its aggregate data | 26 |
| and need not report individual salaries and information. |
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| (3) All gifts, grants, or payments of any kind made | 2 |
| directly or indirectly to any person authorized to | 3 |
| prescribe drugs in Illinois. Every manufacturer or labeler | 4 |
| must report the total annual amount for each such | 5 |
| prescriber. | 6 |
| (4) A list of prescription drugs that were advertised | 7 |
| direct-to-consumers and reached Illinois residents, | 8 |
| together with the relevant annual expenditures in | 9 |
| connection with each such drug. | 10 |
| (5) All gifts, grants, or payments of any kind made | 11 |
| directly or indirectly to any patient advocacy group that | 12 |
| has members or otherwise operates within Illinois. Every | 13 |
| manufacturer or labeler must report the total annual amount | 14 |
| for each such patient advocacy group. | 15 |
| (6) All promotional or informational programs | 16 |
| conducted by the manufacturer or labeler for pharmacies in | 17 |
| Illinois. | 18 |
| (7) A copy of the manufacturer or labeler's most recent | 19 |
| federal income tax return. | 20 |
| (c) The following items are exempt from the reporting | 21 |
| requirements under this Section: | 22 |
| (1) All free samples of prescription drugs intended to | 23 |
| be distributed to patients. | 24 |
| (2) All payments of reasonable compensation and | 25 |
| reimbursement of expenses in connection with a bona fide | 26 |
| clinical trial. As used in this paragraph (2), "clinical |
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| trial" means an approved clinical trial conducted in | 2 |
| connection with a research study designed to answer | 3 |
| specific questions about vaccines, new therapies, or new | 4 |
| ways of using known treatments. | 5 |
| (3) All scholarships or other support for medical | 6 |
| students, residents, and fellows to attend significant | 7 |
| educational, scientific, or policy-making conferences of a | 8 |
| national, regional, or specialty medical or other | 9 |
| professional association if the recipient of the | 10 |
| scholarship or other support is selected by the | 11 |
| association. | 12 |
| (d) The Department may establish time lines and the | 13 |
| documentation, form, and manner of reporting required under | 14 |
| this Section to effectuate the purposes of this Section. The | 15 |
| Department shall report to the Commission on Government | 16 |
| Forecasting and Accountability, in an aggregate form, the | 17 |
| information reported to the Department under this Section. | 18 |
| (e) Notwithstanding any provision of law to the contrary, | 19 |
| information submitted to the Department pursuant to this | 20 |
| Section is confidential and is not a public record and is not | 21 |
| required to be made available for inspection and copying under | 22 |
| the Freedom of Information Act. Data compiled in aggregate form | 23 |
| by the Department for the purpose of reporting to the | 24 |
| Commission on Government Forecasting and Accountability as | 25 |
| required under subsection (d) is a public record as defined in | 26 |
| the Freedom of Information Act, as long as it does not reveal |
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LRB095 19912 DRJ 46329 b |
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| 1 |
| trade information that is protected by State or federal law. | 2 |
| (f) The Department shall establish programs aimed at | 3 |
| educating health care practitioners authorized to prescribe | 4 |
| prescription drugs about the relative costs and benefits of | 5 |
| various prescription drugs, with an emphasis on (i) authorizing | 6 |
| generic substitutes for brand-name drugs when available and | 7 |
| appropriate, (ii) prescribing established, less-costly drugs | 8 |
| instead of newer and more expensive drugs when appropriate, and | 9 |
| (iii) prescribing lower dosages of prescription drugs when | 10 |
| appropriate. | 11 |
| (g) The Department may assign its responsibilities under | 12 |
| this Section to the Special Advocate for Prescription Drugs | 13 |
| within the Department, as appropriate.
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