Bill Text: IL HB2346 | 2025-2026 | 104th General Assembly | Introduced


Bill Title: Amends the Illinois Drug Reuse Opportunity Program Act. Requires the Illinois Department of Public Health: (1) to develop, maintain, and publish on its website information regarding the names and locations of pharmacies participating in the program; (2) to educate pharmacies in the State about the program and how to participate in it voluntarily; (3) to develop and publish educational materials to allow program participants and the Department to inform the general public about the purposes and benefits of the program; and (4) to collect information from participants and publish the information in an annual report to the General Assembly by December 31 of each calendar year, beginning December 31, 2026. Specifies that records maintained under the Act are subject to access by the Department upon request. Defines "Department".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Referred to Rules Committee [HB2346 Detail]

Download: Illinois-2025-HB2346-Introduced.html

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2346

Introduced , by Rep. Laura Faver Dias

SYNOPSIS AS INTRODUCED:
410 ILCS 715/5
410 ILCS 715/45
410 ILCS 715/55
410 ILCS 715/70 new

    Amends the Illinois Drug Reuse Opportunity Program Act. Requires the Illinois Department of Public Health: (1) to develop, maintain, and publish on its website information regarding the names and locations of pharmacies participating in the program; (2) to educate pharmacies in the State about the program and how to participate in it voluntarily; (3) to develop and publish educational materials to allow program participants and the Department to inform the general public about the purposes and benefits of the program; and (4) to collect information from participants and publish the information in an annual report to the General Assembly by December 31 of each calendar year, beginning December 31, 2026. Specifies that records maintained under the Act are subject to access by the Department upon request. Defines "Department".
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A BILL FOR

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Drug Reuse Opportunity Program Act
5is amended by changing Sections 5, 45, 55, and 70 as follows:
6    (410 ILCS 715/5)
7    Sec. 5. Definitions. In this Act:
8    "Controlled substance" means a drug, substance, or
9immediate precursor in Schedules I through V of 21 CFR 1308.
10    "Department" means the Illinois Department of Public
11Health.    
12    "Dispense" has the same meaning as defined in Section 3 of
13the Pharmacy Practice Act.
14    "Donor" means any person, including an individual member
15of the public, or any entity legally authorized to possess
16medicine, including, but not limited to, a wholesaler or
17distributor, third party logistic provider, pharmacy,
18dispenser, clinic, surgical or health center, detention and
19rehabilitation center, jail, prison laboratory, medical or
20pharmacy school, prescriber or other health care professional,
21long-term care facility, or healthcare facility. "Donor"
22includes government agencies and entities that are federally
23authorized to possess medicine, including, but not limited to,

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1drug manufacturers, repackagers, relabelers, outsourcing
2facilities, health care facilities operated by the U.S.
3Department of Veterans Affairs, and prisons.
4    "Drug" means a prescription drug, over-the-counter drug,
5or supplies needed to administer a prescription or
6over-the-counter drug.
7    "Eligible patient" means an individual:
8        (1) with a prescription for the drug, if a
9 prescription is required to dispense the drug, or who
10 reports symptoms treated by the drug if the drug is
11 over-the-counter; and
12        (2) who is registered with the drug's manufacturer in
13 accordance with federal Food and Drug Administration
14 requirements, if the registration is required to dispense
15 the drug.
16    "Manufacturer" has the same meaning as defined in Section
1715 of the Wholesale Drug Distribution Licensing Act.
18    "Pharmacist" means an individual licensed to engage in the
19practice of pharmacy under the Pharmacy Practice Act or
20licensed to engage in the practice of pharmacy in another
21state.
22    "Practitioner" means a person licensed in this State to
23dispense or administer drugs or who is licensed in another
24state as a person authorized to dispense or administer drugs.
25    "Prescription drug" means any prescribed drug that may be
26legally dispensed by a pharmacy. "Prescription drug" does not

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1include a drug for the treatment of cancer that can only be
2dispensed to a patient registered with the drug manufacturer
3in accordance with the federal Food and Drug Administration's
4requirements.
5    "Priority patient" means an eligible patient who is an
6Illinois resident and who is indigent, uninsured,
7underinsured, or enrolled in a public health benefits program.
8    "Recipient" means any person or entity legally authorized
9to possess medicine with a license or permit in the state in
10which the person or entity is located, including, but not
11limited to, a wholesaler or distributor, reverse distributor,
12repackager, hospital, pharmacy, or clinic.
13    "Returns processor" has the same meaning as defined in
14paragraph (18) of 21 U.S.C. 360eee. "Returns processor"
15includes, but is not limited to, a reverse distributor.
16    "Unopened tamper-evident packaging" has the same meaning
17as defined in the United States Pharmacopeia (USP) General
18Chapter 659, Packaging and Storage Requirements, including,
19but not limited to, unopened unit-dose, multiple-dose,
20immediate, secondary, and tertiary packaging.
21(Source: P.A. 102-389, eff. 1-1-22.)
22    (410 ILCS 715/45)
23    Sec. 45. Recordkeeping requirements. When performing any
24action associated with a program under this Act or otherwise
25processing a donated drug for tax, manufacturer, or other

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1credit, a recipient shall be considered to be acting as a
2returns processor and shall comply with all recordkeeping
3requirements for nonsalable nonsaleable returns under federal
4law. Records maintained under this Act may be accessed by the
5Department upon request.    
6(Source: P.A. 102-389, eff. 1-1-22.)
7    (410 ILCS 715/55)
8    Sec. 55. Retention of records. All records required under
9this Act shall be retained in physical or electronic format
10and on or off the recipient's premises for a period of 6 years.
11Donors or recipients may contract with one another or a third
12party to create or maintain records on each other's behalf. An
13identifier, such as a serial number or bar code, may be used in
14place of any or all information required by a record or label
15pursuant to this Act if it allows for such information to be
16readily retrievable. Upon request by a State or federal
17regulatory agency, the identifier used for requested records
18shall be replaced with the original information. An identifier
19shall not be used on patient labels when dispensing or
20administering a drug. Records maintained under this Act may be
21accessed by the Department upon request.    
22(Source: P.A. 102-389, eff. 1-1-22.)
23    (410 ILCS 715/70 new)
24    Sec. 70. Program support provided by the Department. The

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1Department shall:
2        (1) develop, maintain, and publish on its website
3 information regarding the names and locations of
4 pharmacies participating in the program;
5        (2) educate pharmacies in the State about the program
6 and how to participate in it voluntarily;
7        (3) develop and publish educational materials to allow
8 program participants and the Department to inform the
9 general public about the purposes and benefits of the
10 program; and
11        (4) collect information from participants and publish
12 the information in an annual report to the General
13 Assembly by December 31 of each calendar year, beginning
14 December 31, 2026.    
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