Rep. Mary E. Flowers
Filed: 3/28/2005
 
 

 




 

 		












09400HB0246ham004

LRB094 03646 DRJ 41139 a






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AMENDMENT TO HOUSE BILL 246




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    AMENDMENT NO. ______. Amend House Bill 246 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Food, Drug and Cosmetic Act is 
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amended  by changing Section 4 and  by adding Section 16.10 as 
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follows:
 



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    (410 ILCS 620/4)  (from Ch. 56 1/2, par. 504)



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    Sec. 4. In addition to the remedies hereinafter provided 
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the Director is
authorized to file a complaint and apply to the 
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circuit court for, and such
court may upon hearing and for 
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cause shown grant, a temporary restraining
order or preliminary 
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or
permanent injunction restraining any person from violating 
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any provision of
Sections 3.1 through 3.21 or Section 16.10.

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(Source: P.A. 84-891.)

 
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    (410 ILCS 620/16.10  new)
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    Sec. 16.10. Previously dispensed prescription drugs.
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    (a) A person may not sell or  redistribute any prescription 
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drug that has previously been sold and distributed.  A person 
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who violates this subsection (a) is subject to an injunction as 
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provided in Section 4 and criminal penalties as provided in 
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Section 5.
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    (b) The Department of Public Health shall establish and 
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administer a program under which a local law enforcement 
 


 






09400HB0246ham004
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LRB094 03646 DRJ 41139 a




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authority or local public health office shall (i) take 
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possession of prescription drugs that have been returned 
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pursuant to an injunction issued in response to a violation of 
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subsection (a) or confiscated pursuant to a prosecution for a 
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violation of subsection (a) and (ii) properly dispose of those 
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drugs according to standards adopted by the Department.
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    (c) This Section does not apply to any pharmacist or 
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pharmacy that is regulated under the Pharmacy Practice Act of 
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1987.".