HB0084 EngrossedLRB098 02833 RPM 32842 b


  
1    AN ACT concerning public health.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Wholesale Drug Distribution Licensing Act is 
5amended  by adding Section 200 as follows:
 
6    (225 ILCS 120/200 new)
7    Sec. 200. Drugs in shortage.
8    (a) For the purpose of this Section, "drug in shortage" 
9means a drug listed on the drug shortage list maintained by the 
10U.S. Food and Drug Administration in accordance with Section 
11356e of the federal Food, Drug, and Cosmetic Act.
12    (b) Any person engaged in the wholesale distribution of a 
13drug in shortage must be licensed by the Department. This 
14subsection (b)  shall not apply to entities within the normal 
15distribution channel as defined under Section 15 of this Act.
16    (c) It is unlawful for any person, other than those 
17licensed as a manufacturer, a manufacturer's exclusive 
18distributor, or an authorized distributor of record, to 
19purchase or receive a drug in shortage from any person not 
20licensed by the Department. This subsection (c) does not apply 
21to the return of drugs. 
22    (d) A person found to have violated a provision of this 
23Section shall be subject to administrative fines, orders for 
 
 
HB0084 Engrossed- 2 -LRB098 02833 RPM 32842 b

1restitution, and orders for disgorgement.
2    (e) The Department shall create a centralized, searchable 
3database of those entities licensed to sell or distribute a 
4drug in shortage, including manufacturers, wholesale 
5distributors, and pharmacy distributors, to enable purchasers 
6of a drug in shortage to easily verify the licensing status of 
7an entity offering such drugs.
8    (f) The Department shall establish a system for reporting 
9the suspected instances of unscrupulous conduct by 
10distributors of a drug in shortage.  Reports made through this 
11system shall be referred to the Office of the Attorney General 
12for further investigation and prosecution.
13    (g) The Department shall adopt rules to carry out the 
14provisions of this Section. 
 

15    Section 99. Effective date. This Act takes effect upon 
16becoming law.