Bill Text: IL HB0156 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reenacts the Transportation Network Providers Act. Provides for the continuation and validation of the Act, and extends the repeal to June 1, 2021. Effective immediately.

Spectrum: Partisan Bill (Democrat 27-1)

Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [HB0156 Detail]

Download: Illinois-2019-HB0156-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0156 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
See Index
Creates the Prescription Drug Pricing Transparency Act. Requires health insurers to disclose certain rate and spending information concerning prescription drugs and certain prescription drug pricing information to the Department of Public Health. Requires the Department and health insurers to create annual lists of prescription drugs on which the State spends significant health care dollars and for which costs have increased at a certain rate over time. Requires the Department and health insurers to provide their lists to the Attorney General. Requires prescription drug manufacturers to notify the Attorney General if they are introducing a new prescription drug at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. Amends the Illinois Insurance Code. Requires a group or individual policy of accident and health insurance that provides coverage for prescription drugs to apply the same cost-sharing requirements to interchangeable biological products as apply to generic drugs under the policy. Amends the Pharmacy Practice Act. Provides that when a pharmacist receives a prescription for a biological product, the pharmacist shall select the lowest priced interchangeable biological product (rather than allowing a pharmacist to substitute an interchangeable biological product only if certain requirements are met). Requires that when a pharmacist receives a prescription from a Medicaid recipient, the pharmacist shall select the preferred drug or biological product from the State's preferred drug list. Makes other changes. Makes conforming changes in the Freedom of Information Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Prescription Drug Pricing Transparency Act.
Section 5. Definitions. In this Act:
"Department" means the Department of Public Health.
"Manufacturer" means any entity that is engaged in the
production, preparation, propagation, compounding, conversion,
or processing of prescription drugs, whether directly or
indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, or any entity
engaged in the packaging, repackaging, labeling, relabeling,
or distribution of prescription drugs. "Manufacturer" does not
include a wholesale distributor of prescription drugs, a
retailer, or a pharmacist licensed under the Pharmacy Practice
Act.
"Prescription drug" means a drug as defined in 21 U.S.C.
321.
Section 10. Disclosures to the Department.
(a) A health insurer shall disclose to the Department:

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(1) for all covered prescription drugs, including
generic drugs, brand-name drugs excluding specialty drugs,
and specialty drugs dispensed at a pharmacy, network
pharmacy, or mail-order pharmacy for outpatient use:
(A) the percentage of the premium rate
attributable to prescription drug costs for the prior
year for each category of prescription drugs;
(B) the year-over-year increase or decrease,
expressed as a percentage, in per-member, per-month
total health plan spending on each category of
prescription drugs; and
(C) the year-over-year increase or decrease in
per-member, per-month costs for prescription drugs
compared to other components of the premium rate; and
(2) the specialty tier formulary list.
(b) The health insurer shall provide, if available, the
percentage of the premium rate attributable to prescription
drugs administered by a health care provider in an outpatient
setting that are part of the medical benefit as separate from
the pharmacy benefit.
(c) The health insurer shall include information on its use
of a pharmacy benefit manager, if any, including which
components of the prescription drug coverage described in
subsections (a) and (b) are managed by the pharmacy benefit
manager, as well as the name of the pharmacy benefit manager or
pharmacy benefit managers used.

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Section 15. Impact of prescription drug costs on health
insurance premiums; report.
(a) Each health insurer with more than 1,000 covered lives
in this State for major medical health insurance shall report
to the Department for all covered prescription drugs, including
generic drugs, brand-name drugs, and specialty drugs, provided
in an outpatient setting or sold in a retail setting:
(1) the 25 most frequently prescribed drugs and the
average wholesale price for each drug;
(2) the 25 most costly drugs by total plan spending and
the average wholesale price for each drug; and
(3) the 25 drugs with the highest year-over-year price
increases and the average wholesale price for each drug.
(b) A health insurer shall not be required to provide to
the Department the actual price paid, net of rebates, for any
prescription drug.
(c) The Department shall compile the information reported
pursuant to subsection (a) into a consumer-friendly report that
demonstrates the overall impact of drug costs on health
insurance premiums. The data in the report shall be aggregated
and shall not reveal information specific to a particular
health benefit plan.
(d) The Department shall publish the report required
pursuant to subsection (a) on its website on or before January
1 of each year.

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Section 20. Prescription drug cost transparency.
(a) The Department shall create annually a list of 10
prescription drugs on which the State spends significant health
care dollars and for which the wholesale acquisition cost has
increased by 50% or more over the past 5 years or by 15% or more
during the previous calendar year, creating a substantial
public interest in understanding the development of the drugs'
pricing. The list shall include at least one generic drug and
one brand-name drug and shall indicate each of the drugs on the
list that the Department considers to be specialty drugs. The
Department shall include the percentage of the wholesale
acquisition cost increase for each drug on the list; rank the
drugs on the list from those with the largest increase in
wholesale acquisition cost to those with the smallest increase;
indicate whether each drug was included on the list based on
its cost increase over the past 5 years or during the previous
calendar year, or both; and provide the State's total
expenditure for each drug on the list during the most recent
calendar year.
(b) The Department shall create annually a list of 10
prescription drugs on which the State spends significant health
care dollars and for which the cost to the State, net of
rebates and other price concessions, has increased by 50% or
more over the past 5 years or by 15% or more during the
previous calendar year, creating a substantial public interest

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in understanding the development of the drugs' pricing. The
list shall include at least one generic drug and one brand-name
drug and shall indicate each of the drugs on the list that the
Department considers to be specialty drugs. The Department
shall rank the drugs on the list from those with the greatest
increase in net cost to those with the smallest increase and
indicate whether each drug was included on the list based on
its cost increase over the past 5 years or during the previous
calendar year, or both.
(c) Each health insurer with more than 5,000 covered lives
in this State for major medical health insurance shall create
annually a list of 10 prescription drugs on which its health
insurance plans spend significant amounts of their premium
dollars and for which the cost to the plans, net of rebates and
other price concessions, has increased by 50% or more over the
past 5 years or by 15% or more during the previous calendar
year, or both, creating a substantial public interest in
understanding the development of the drugs' pricing. The list
shall include at least one generic drug and one brand-name drug
and shall indicate each of the drugs on the list that the
health insurer considers to be specialty drugs. The health
insurer shall rank the drugs on the list from those with the
greatest increase in net cost to those with the smallest
increase and indicate whether each drug was included on the
list based on its cost increase over the past 5 years or during
the previous calendar year, or both.

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(d) Each health insurer creating a list pursuant to
subsection (c) shall provide to the Office of the Attorney
General the percentage by which the net cost to its plans
increased over the applicable period or periods for each drug
on the list, as well as the health insurer's total expenditure,
net of rebates and other price concessions, for each drug on
the list during the most recent calendar year. Information
provided to the Office of the Attorney General pursuant to this
subsection is exempt from public inspection and copying under
the Freedom of Information Act and shall not be released.
(e) The Department and the health insurers shall provide to
the Office of the Attorney General the lists of prescription
drugs developed pursuant to subsections (a), (b), and (c)
annually on or before June 1. The Office of the Attorney
General shall make all of the information available to the
public on its website.
(f) Of the prescription drugs listed by the Department and
the health insurers pursuant to subsections (a), (b), and (c),
the Office of the Attorney General shall:
(1) of the drugs appearing on more than one payer's
list, identify the top 15 drugs on which the greatest
amount of money was spent across all payers during the
previous calendar year, to the extent information is
available; and
(2) if fewer than 15 drugs appear on more than one
payer's list, rank the remaining drugs based on the amount

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of money spent by any one payer during the previous
calendar year, in descending order, and select as many of
the drugs at the top of the list as necessary to reach a
total of 15 drugs.
(g) For the 15 drugs identified by the Office of the
Attorney General pursuant to subsection (f), the Office of the
Attorney General shall require the manufacturer of each such
drug to provide all of the following:
(1) justification for the increase in the net cost of
the drug to the Department, to one or more health insurers,
or both, which shall be provided to the Office of the
Attorney General in a format that the Office of the
Attorney General determines to be understandable and
appropriate and shall be provided in accordance with a
timeline specified by the Office of the Attorney General;
the manufacturer shall submit to the Office of the Attorney
General all relevant information and supporting
documentation necessary to justify the manufacturer's net
cost increase to the Department, to one or more health
insurers, or both during the identified period of time,
including:
(A) each factor that specifically caused the net
cost increase to the Department, to one or more health
insurers, or both during the specified period of time;
(B) the percentage of the total cost increase
attributable to each factor; and

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(C) an explanation of the role of each factor in
contributing to the cost increase; and
(2) a separate version of the information submitted
pursuant to subparagraph (A) of paragraph (1), which shall
be made available to the public by the Office of the
Attorney General pursuant to subsection (i); if the
manufacturer believes it necessary to redact certain
information in the public version as proprietary or
confidential, the manufacturer shall provide an
explanation for each such redaction to the Office of the
Attorney General; the information, format, and any
redactions shall be subject to approval by the Office of
the Attorney General; and
(3) additional information in response to all requests
for such information by the Office of the Attorney General.
(h) Nothing in this Section shall be construed to restrict
the legal ability of a prescription drug manufacturer to change
prices to the extent permitted under federal law.
(i) The Attorney General shall provide a report to the
General Assembly on or before December 1 of each year based on
the information received from manufacturers pursuant to this
Section. The report to the General Assembly shall be filed with
the Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct. The Attorney General
shall post the report and the public version of each

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manufacturer's information submitted pursuant to paragraph (2)
of subsection (g) on the Office of the Attorney General's
website.
(j) The Department shall post on its website the report
prepared by the Attorney General pursuant to subsection (i) and
the public version of each manufacturer's information
submitted pursuant to paragraph (2) of subsection (g) and may
inform the public of the availability of the report and the
manufacturers' justification information.
(k) Information provided to the Office of the Attorney
General pursuant to subsection (g) is exempt from public
inspection and copying under the Freedom of Information Act and
shall not be released in a manner that allows for the
identification of an individual drug or manufacturer or that is
likely to compromise the financial, competitive, or
proprietary nature of the information, except for the
information prepared for release to the public pursuant to
paragraph (2) of subsection (g).
(l) The Attorney General may bring an action in the circuit
court of Sangamon County for injunctive relief, costs, and
attorney's fees and to impose on a manufacturer that fails to
provide any of the information required by subsections (f) and
(g), in the format requested by the Office of the Attorney
General and in accordance with the timeline specified by the
Office of the Attorney General, a civil penalty of not more
than $10,000 per violation. Each unlawful failure to provide

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information shall constitute a separate violation.
Section 25. Notice of introduction of new high-cost
prescription drugs.
(a) A manufacturer shall notify the Office of the Attorney
General in writing if it is introducing a new prescription drug
to market at a wholesale acquisition cost that exceeds the
threshold set for a specialty drug under the Medicare Part D
program. The manufacturer shall provide the written notice
within 3 calendar days following the release of the drug in the
commercial market. A manufacturer may make the notification
pending approval by the United States Food and Drug
Administration if commercial availability is expected within 3
calendar days following the approval.
(b) Not later than 30 calendar days following notification
pursuant to subsection (a), the manufacturer shall provide all
of the following information to the Office of the Attorney
General in a format that the Office of the Attorney General
prescribes:
(1) a description of the marketing and pricing plans
used in the launch of the new drug in the United States and
internationally;
(2) the estimated volume of patients who may be
prescribed the drug;
(3) whether the drug was granted breakthrough therapy
designation or priority review by the United States Food

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and Drug Administration prior to final approval; and
(4) the date and price of acquisition if the drug was
not developed by the manufacturer.
(c) The manufacturer may limit the information reported
pursuant to subsection (b) to that which is otherwise in the
public domain or publicly available.
(d) The Office of the Attorney General shall publish on its
website at least quarterly the information reported to it
pursuant to this Section. The information shall be published in
a manner that identifies the information that is disclosed on a
per-drug basis and shall not be aggregated in a manner that
would not allow identification of the drug.
(e) The Attorney General may bring an action in the circuit
court of Sangamon County for injunctive relief, costs, and
attorney's fees and to impose on a manufacturer that fails to
provide the information required by subsection (b) a civil
penalty of not more than $1,000 per day for every day after the
notification period described in subsection (a) that the
required information is not reported.
Section 900. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt

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from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid

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Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.

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(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from

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the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section

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19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.

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(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day and
temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) (ll) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) (ll) Information that is exempt from disclosure
under Section 70 of the Higher Education Student Assistance

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Act.
(oo) Information provided to the Office of the Attorney
General under subsections (d) and (g) of Section 20 of the
Prescription Drug Pricing Transparency Act, except for the
information prepared for release to the public pursuant to
paragraph (2) of subsection (g) of Section 20 of the
Prescription Drug Pricing Transparency Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
10-12-18.)
Section 905. The Illinois Insurance Code is amended by
adding Section 356z.33 as follows:
(215 ILCS 5/356z.33 new)
Sec. 356z.33. Interchangeable biological products.
(a) As used in this Section, "interchangeable biological
product" has the same meaning given to the term in Section 19.5
of the Pharmacy Practice Act.
(b) A group or individual policy of accident and health
insurance provided by a health insurer or by a pharmacy benefit

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manager on behalf of a health insurer amended, delivered,
issued, or renewed after the effective date of this amendatory
Act of the 101st General Assembly that provides coverage for
prescription drugs shall apply the same cost-sharing
requirements to interchangeable biological products as apply
to generic drugs under the policy.
Section 910. The Pharmacy Practice Act is amended by
changing Sections 19.5, 25, and 41 and by adding Sections 16d
and 19.7 as follows:
(225 ILCS 85/16d new)
Sec. 16d. Information; labeling.
(a) Every pharmacy in the State shall have posted a sign in
a prominent place that is in clear unobstructed view which
shall read: "Illinois law requires pharmacists in some cases to
select a less expensive generic equivalent drug or
interchangeable biological product for the drug or biological
product prescribed unless you or your physician direct
otherwise. Ask your pharmacist.".
(b) The label of the container of all drugs and biological
products dispensed by a pharmacist under this Act shall
indicate the generic or proper name using an abbreviation, if
necessary, the strength of the drug or biological product, if
applicable, and the name or number of the manufacturer or
distributor.

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(225 ILCS 85/19.5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 19.5. Biological products.
(a) For the purposes of this Section:
"Biological product" has the meaning given to that term in
42 U.S.C. 262.
"Interchangeable biological product" means a biological
product that the United States Food and Drug Administration:
(1) has (A) licensed and (B) determined it to meet the
standards for interchangeability pursuant to 42 U.S.C.
262(k)(4); or
(2) has determined is therapeutically equivalent as
set forth in the latest edition of or supplement to the
United States Food and Drug Administration's Approved Drug
Products with Therapeutic Equivalence Evaluations (Orange
Book).
(b) When a pharmacist receives a prescription for a
biological product, the pharmacist shall select the lowest
priced interchangeable biological product unless otherwise
instructed by the prescriber, or by the purchaser if the
purchaser agrees to pay any additional cost in excess of the
benefits provided by the purchaser's health benefit plan if
allowed under the legal requirements applicable to the plan, or
otherwise to pay the full cost for the higher priced biological
product. A pharmacist may substitute an interchangeable

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biological product for a prescribed biological product only if
all of the following conditions in this subsection (b) are met:
(1) the substituted product has been determined by the
United States Food and Drug Administration to be
interchangeable, as defined in subsection (a) of this
Section, with the prescribed biological product;
(2) the prescribing physician does not designate
orally, in writing, or electronically that substitution is
prohibited in a manner consistent with Section 25 of this
Act; and
(3) the pharmacy informs the patient of the
substitution.
(c) Within 5 business days following the dispensing of a
biological product, the dispensing pharmacist or the
pharmacist's designee shall make an entry of the specific
product provided to the patient, including the name of the
product and the manufacturer. The communication shall be
conveyed by making an entry that can be electronically accessed
by the prescriber through:
(1) an interoperable electronic medical records
system;
(2) an electronic prescribing technology;
(3) a pharmacy benefit management system; or
(4) a pharmacy record.
Entry into an electronic records system as described in
this subsection (c) is presumed to provide notice in accordance

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with this subsection (c). Otherwise, the pharmacist shall
communicate the biological product dispensed to the prescriber
using facsimile, telephone, electronic transmission, or other
prevailing means, except that communication shall not be
required where:
(A) there is no United States Food and Drug
Administration-approved interchangeable biological product
for the product prescribed; or
(B) a refill prescription is not changed from the
product dispensed on the prior filling of the prescription.
(d) The pharmacy shall retain a record of the biological
product dispensed for a period of 5 years.
(e) The Department shall maintain a link on its Internet
website to the current list of all biological products
determined by the United States Food and Drug Administration to
be interchangeable with a specific biological product.
(f) The Department may adopt rules for compliance with this
Section.
(Source: P.A. 99-200, eff. 1-1-16.)
(225 ILCS 85/19.7 new)
Sec. 19.7. State's preferred drug list. Notwithstanding
Section 19.5, when a pharmacist receives a prescription from a
recipient of medical assistance under Article V of the Illinois
Public Aid Code, the pharmacist shall select the preferred
brand-name or generic drug or biological product from the

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State's preferred drug list.
(225 ILCS 85/25) (from Ch. 111, par. 4145)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25. No person shall compound, or sell or offer for
sale, or cause to be compounded, sold or offered for sale any
medicine or preparation under or by a name recognized in the
United States Pharmacopoeia National Formulary, for internal
or external use, which differs from the standard of strength,
quality or purity as determined by the test laid down in the
United States Pharmacopoeia National Formulary official at the
time of such compounding, sale or offering for sale. Nor shall
any person compound, sell or offer for sale, or cause to be
compounded, sold, or offered for sale, any drug, medicine,
poison, chemical or pharmaceutical preparation, the strength
or purity of which shall fall below the professed standard of
strength or purity under which it is sold. Except as set forth
in Section 26 of this Act, if the physician or other authorized
prescriber, when transmitting an oral or written prescription,
does not prohibit drug product selection, a different brand
name or nonbrand name drug product of the same generic name or
interchangeable biological product may be dispensed by the
pharmacist, provided that the selected drug or interchangeable
biological product has a unit price less than the drug product
or interchangeable biological product specified in the
prescription. A generic drug or interchangeable biological

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product determined to be therapeutically equivalent by the
United States Food and Drug Administration (FDA) shall be
available for substitution in Illinois in accordance with this
Act and the Illinois Food, Drug and Cosmetic Act, provided that
each manufacturer submits to the Director of the Department of
Public Health a notification containing product technical
bioequivalence information as a prerequisite to product
substitution when they have completed all required testing to
support FDA product approval and, in any event, the information
shall be submitted no later than 60 days prior to product
substitution in the State. On the prescription forms of
prescribers, shall be placed a signature line and the words
"may not substitute". The prescriber, in his or her own
handwriting, shall place a mark beside "may not substitute" to
direct the pharmacist in the dispensing of the prescription.
Preprinted or rubber stamped marks, or other deviations from
the above prescription format shall not be permitted. The
prescriber shall sign the form in his or her own handwriting to
authorize the issuance of the prescription.
In every case in which a selection is made as permitted by
the Illinois Food, Drug and Cosmetic Act, the pharmacist shall
indicate on the pharmacy record of the filled prescription the
name or other identification of the manufacturer of the drug or
interchangeable biological product which has been dispensed.
The selection of any drug product or interchangeable
biological product by a pharmacist shall not constitute

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evidence of negligence if the selected nonlegend drug product
or interchangeable biological product was of the same dosage
form and each of its active ingredients did not vary by more
than 1 percent from the active ingredients of the prescribed,
brand name, nonlegend drug product or interchangeable
biological product. Failure of a prescribing physician to
specify that drug product or interchangeable biological
product selection is prohibited does not constitute evidence of
negligence unless that practitioner has reasonable cause to
believe that the health condition of the patient for whom the
physician is prescribing warrants the use of the brand name
drug product or interchangeable biological product and not
another.
The Department is authorized to employ an analyst or
chemist of recognized or approved standing whose duty it shall
be to examine into any claimed adulteration, illegal
substitution, improper selection, alteration, or other
violation hereof, and report the result of his investigation,
and if such report justify such action the Department shall
cause the offender to be prosecuted.
(Source: P.A. 94-936, eff. 6-26-06; 95-689, eff. 10-29-07.)
(225 ILCS 85/41)
(Section scheduled to be repealed on January 1, 2020)
Sec. 41. Current usual and customary retail price
disclosure. Upon request, a pharmacy must disclose the current

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usual and customary retail price of any brand or generic
prescription drug, interchangeable biological product, or
medical device that the pharmacy offers for sale to the public.
This disclosure requirement applies only to requests made in
person or by telephone for the prices of no more than 10
prescription drugs, interchangeable biological products, or
medical devices for which the person making the request has a
prescription. Prices quoted are for informational purposes
only and are valid only on the day of inquiry. The requests
must specify the name, strength and quantity of the
prescription drug or interchangeable biological product.
(Source: P.A. 94-459, eff. 1-1-06.)
Section 999. Effective date. This Act takes effect upon
becoming law.
HB0156 - 27 - LRB101 03973 SMS 48981 b
INDEX
Statutes amended in order of appearance