HB 4953

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7    (Section scheduled to be repealed on January 1, 2028)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