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Full Text of HB1272
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HB1272 - 104th General Assembly
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House Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1272
Introduced 1/28/2025, by Rep. Maurice A. West, II
SYNOPSIS AS INTRODUCED:
New Act
Creates the Wholesale Prescription Drug Importation Program Act.
Requires the Department of Public Health to establish the Wholesale
Prescription Drug Importation Program. Provides that the Department shall
implement the program by: contracting with one or more prescription drug
wholesalers and Canadian suppliers to import prescription drugs and
provide prescription drug cost savings to consumers in this State;
developing a registration process for health benefit plan issuers, health
care providers, and pharmacies to obtain and dispense prescription drugs
imported under the program; developing a list of prescription drugs,
including the prices of those drugs, that meet certain requirements set
forth under the Act and publishing the list on the Department's website;
establishing an outreach and marketing plan to generate program awareness;
ensuring the program and the prescription drug wholesalers that contract
with this State comply with certain federal tracking, tracing,
verification, and identification requirements; and other actions. Sets
forth eligibility criteria for prescription drugs that may be imported
into the State under the program. Contains provisions concerning
anticompetitive behavior monitoring; program funding; program expansion;
audit procedures; annual reporting requirements; the adoption of rules to
implement the Act; and federal waiver or authorization requirements.
Effective July 1, 2025.
LRB104 06227 BAB 16262 b
A BILL FOR
HB1272
LRB104 06227 BAB 16262 b
1
AN ACT concerning health.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Wholesale Prescription Drug Importation Program Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Canadian supplier" means a manufacturer, wholesale
8
distributor, or pharmacy that is appropriately licensed or
9
permitted under Canadian federal or provincial laws and rules
10
to manufacture, distribute, or dispense prescription drugs.
11
"Department" means the Department of Public Health.
12
"Director" means the Director of Public Health.
13
"Prescription drug wholesaler" means a person or entity
14
licensed as a wholesale drug distributor under the Wholesale
15
Drug Distribution Licensing Act, that contracts with this
16
State to import prescription drugs under the program.
17
"Program" means the Wholesale Prescription Drug
18
Importation Program.
19
Section 10.
Wholesale Prescription Drug Importation
20
Program.
21
(a) The Department shall establish the Wholesale
22
Prescription Drug Importation Program to provide lower cost
HB1272
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LRB104 06227 BAB 16262 b
1
prescription drugs available outside of the United States to
2
consumers in this State at the lower cost.
3
(b) The Department shall implement the program by:
4
(1) contracting with one or more prescription drug
5
wholesalers and Canadian suppliers to import prescription
6
drugs and provide prescription drug cost savings to
7
consumers in this State;
8
(2) developing a registration process for health
9
benefit plan issuers, health care providers, and
10
pharmacies to obtain and dispense prescription drugs
11
imported under the program;
12
(3) developing a list of prescription drugs, including
13
the prices of those drugs, that meet the requirements of
14
Section 15 and publishing the list on the Department's
15
website;
16
(4) establishing an outreach and marketing plan to
17
generate program awareness;
18
(5) establishing and administering a telephone call
19
center or electronic portal to provide information about
20
the program;
21
(6) ensuring the program and the prescription drug
22
wholesalers that contract with this State under paragraph
23
(1) comply with the tracking, tracing, verification, and
24
identification requirements of 21 U.S.C. 360eee-1;
25
(7) prohibiting the distribution, dispensing, or sale
26
of prescription drugs imported under this Act outside the
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LRB104 06227 BAB 16262 b
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boundaries of this State; and
2
(8) performing any other duties the Director
3
determines necessary to implement the program.
4
(c) The Department shall ensure that the program meets the
5
requirements of 21 U.S.C. 384.
6
(d) In developing the program, the Department may consult
7
with interested parties.
8
Section 15.
Eligible prescription drugs.
A prescription
9
drug may be imported into this State under the program only if
10
the drug:
11
(1) meets the United States Food and Drug
12
Administration's standards related to prescription drug
13
safety, effectiveness, misbranding, and adulteration;
14
(2) does not violate any federal patent laws through
15
its importation;
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(3) is expected to generate cost savings for
17
consumers; and
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(4) is not:
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(A) listed as a controlled substance under State
20
or federal law;
21
(B) a biological product;
22
(C) an infused drug;
23
(D) an intravenously injected drug;
24
(E) a drug that is inhaled during surgery; or
25
(F) a parenteral drug.
HB1272
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LRB104 06227 BAB 16262 b
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Section 20.
Program expansion.
In its discretion, the
2
Department may by rule expand the Program to import
3
prescription drugs from any other country that is allowed
4
under federal law to import prescription drugs into the United
5
States.
6
Section 25.
Anticompetitive behavior monitoring.
The
7
Department, in consultation with the Attorney General, shall
8
identify and monitor any potential anticompetitive activities
9
in industries affected by the program.
10
Section 30.
Program funding.
In addition to money
11
appropriated by the General Assembly, the Department may
12
impose a fee on each prescription drug sold under the program
13
or establish another funding method to administer the program.
14
Section 35.
Audit procedures.
The Director, by rule, shall
15
develop procedures to effectively audit a prescription drug
16
wholesaler participating in the program.
17
Section 40.
Annual reporting.
Not later than December 1,
18
2026, and each December 1 thereafter, the Department shall
19
submit a report to the Governor and the General Assembly
20
regarding the operation of the program during the preceding
21
State fiscal year, including:
HB1272
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LRB104 06227 BAB 16262 b
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(1) which prescription drugs and Canadian suppliers
2
are included in the program;
3
(2) the number of health benefit plan issuers, health
4
care providers, and pharmacies participating in the
5
program;
6
(3) the number of prescriptions dispensed through the
7
program;
8
(4) the estimated cost savings to consumers, health
9
plans, employers, and this State since the establishment
10
of the program and during the preceding State fiscal year;
11
(5) information regarding the implementation of the
12
audit procedures under Section 35; and
13
(6) any other information:
14
(A) the Governor or the General Assembly requests;
15
or
16
(B) the Department considers necessary.
17
Section 45.
Rules.
As soon as practicable after the
18
effective date of this Act, the Director shall adopt any rules
19
necessary to implement this Act.
20
Section 50.
Federal waiver or authorization.
If, before
21
implementing any provision of this Act, a State agency
22
determines that a waiver or authorization from a federal
23
agency is necessary for implementation of that provision, the
24
agency affected by the provision shall request the waiver or
HB1272
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LRB104 06227 BAB 16262 b
1
authorization and may delay implementing that provision until
2
the waiver or authorization is granted.
3
Section 99.
Effective date.
This Act takes effect July 1,
4
2025.
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