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Full Text of HB4953
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HB4953 - 104th General Assembly
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HB4953 Enrolled
LRB104 19403 AAS 32851 b
1
AN ACT concerning regulation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Wholesale Drug Distribution Licensing Act
5
is amended by changing Section 56 as follows:
6
(225 ILCS 120/56)
7
(Section scheduled to be repealed on January 1, 2028)
8
Sec. 56.
Restrictions on transactions.
9
(a) A licensee shall receive prescription drug returns or
10
exchanges from a pharmacy or other persons authorized to
11
administer or dispense drugs or a chain pharmacy warehouse
12
pursuant to the terms and conditions of the agreement between
13
the wholesale distributor and the pharmacy or chain pharmacy
14
warehouse. Returns of expired, damaged, recalled, or otherwise
15
non-saleable pharmaceutical products shall be distributed by
16
the receiving wholesale distributor only to either the
17
original manufacturer or a third party returns processor.
18
Returns or exchanges of prescription drugs, saleable or
19
otherwise, including any redistribution by a receiving
20
wholesaler, shall not be subject to the pedigree requirements
21
of Section 57 of this Act, so long as they are exempt from the
22
pedigree requirement of the FDA's currently applicable
23
Prescription Drug Marketing Act guidance. Both licensees under
HB4953 Enrolled
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LRB104 19403 AAS 32851 b
1
this Act and pharmacies or other persons authorized to
2
administer or dispense drugs shall be accountable for
3
administering their returns process and ensuring that the
4
aspects of this operation are secure and do not permit the
5
entry of adulterated and counterfeit product.
6
(b) A manufacturer or wholesale distributor licensed under
7
this Act may furnish prescription drugs only to a person
8
licensed by the appropriate state licensing authorities.
9
Before furnishing prescription drugs to a person not known to
10
the manufacturer or wholesale distributor, the manufacturer or
11
wholesale distributor must affirmatively verify that the
12
person is legally authorized to receive the prescription drugs
13
by contacting the appropriate state licensing authorities.
14
(c) Prescription drugs furnished by a manufacturer or
15
wholesale distributor licensed under this Act may be delivered
16
only to
the business address of a licensee, to
the premises
17
listed on
a
the
license,
or, if the Department has received
18
notice that a licensee has authorized a health care entity to
19
receive the prescription drugs, to the address of a health
20
care entity,
provided that the manufacturer or wholesale
21
distributor may furnish prescription drugs to an authorized
22
person or agent of that person at the premises of the
23
manufacturer or wholesale distributor if:
24
(1) the identity and authorization of the recipient is
25
properly established; and
26
(2) this method of receipt is employed only to meet
HB4953 Enrolled
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LRB104 19403 AAS 32851 b
1
the immediate needs of a particular patient of the
2
authorized person.
3
Prescription drugs that are controlled substances
4
furnished by a manufacturer or wholesale distributor licensed
5
under this Act may be delivered only to a registered place of
6
business or professional practice, as required by Section 302
7
of the Illinois Controlled Substances Act.
8
For the purposes of this subsection (c), "health care
9
entity" means an entity where medical, dental, or veterinary
10
services are provided by a licensed practitioner and where the
11
licensed practitioner is responsible for the receipt, storage,
12
and use of drugs.
13
(d) Prescription drugs may be furnished to a hospital
14
pharmacy receiving area, provided that a pharmacist or
15
authorized receiving personnel signs, at the time of delivery,
16
a receipt showing the type and quantity of the prescription
17
drug received. Any discrepancy between the receipt and the
18
type and quantity of the prescription drug actually received
19
shall be reported to the delivering manufacturer or wholesale
20
distributor by the next business day after the delivery to the
21
pharmacy receiving area.
22
(e) A manufacturer or wholesale distributor licensed under
23
this Act may not accept payment for, or allow the use of, a
24
person or entity's credit to establish an account for the
25
purchase of prescription drugs from any person other than the
26
owner of record, the chief executive officer, or the chief
HB4953 Enrolled
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LRB104 19403 AAS 32851 b
1
financial officer listed on the license of a person or entity
2
legally authorized to receive the prescription drugs. Any
3
account established for the purchase of prescription drugs
4
must bear the name of the licensee. This subsection (e) shall
5
not be construed to prohibit a pharmacy or chain pharmacy
6
warehouse from receiving prescription drugs if payment for the
7
prescription drugs is processed through the pharmacy's or
8
chain pharmacy warehouse's contractual drug manufacturer or
9
wholesale distributor.
10
(Source: P.A. 95-689, eff. 10-29-07
.)
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