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| | HB2531 Enrolled | | LRB100 08313 MJP 18420 b |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Food, Drug and Cosmetic Act is |
| 5 | | amended by changing Section 3.14 as follows:
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| 6 | | (410 ILCS 620/3.14) (from Ch. 56 1/2, par. 503.14)
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| 7 | | Sec. 3.14. Dispensing or causing to be dispensed a |
| 8 | | different drug in
place of the drug or brand of drug ordered or |
| 9 | | prescribed without the
express permission of the person |
| 10 | | ordering or prescribing.
Except as set forth in Section 26 of |
| 11 | | the Pharmacy Practice Act, this Section does not prohibit the |
| 12 | | interchange of different brands
of the same generically |
| 13 | | equivalent drug product, when the drug
products
are not |
| 14 | | required to bear the legend "Caution: Federal law prohibits |
| 15 | | dispensing
without prescription", provided that the same |
| 16 | | dosage form is dispensed and
there is no greater than 1% |
| 17 | | variance in the stated amount of each active
ingredient of the |
| 18 | | drug products.
A generic drug determined to be therapeutically |
| 19 | | equivalent by the
United States Food and Drug Administration |
| 20 | | (FDA) shall be available
for substitution in Illinois in |
| 21 | | accordance with this Act and the
Pharmacy Practice Act, |
| 22 | | provided that each manufacturer
submits to the Director of the |
| 23 | | Department of Public Health a notification containing product |