Bill Text: IL SB2131 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Pharmacy Practice Act. Provides that pharmacists may not interchange an atypical anti-psychotic drug or targeted immune modulator without notification and documented consent by the prescribing practitioner and the patient or patient's parent, legal guardian, or spouse. Provides that if the pharmacist does substitute a drug, then the pharmacist shall provide written notice to the patient no later than the time the prescription is dispensed. Provides that these provisions shall not be construed to prohibit generic drug substitution as provided for in the Pharmacy Practice Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-06 - Referred to Assignments [SB2131 Detail]

Download: Illinois-2015-SB2131-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2131 Introduced 5/6/2015, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED:
225 ILCS 85/26
Amends the Pharmacy Practice Act. Provides that pharmacists may not interchange an atypical anti-psychotic drug or targeted immune modulator without notification and documented consent by the prescribing practitioner and the patient or patient's parent, legal guardian, or spouse. Provides that if the pharmacist does substitute a drug, then the pharmacist shall provide written notice to the patient no later than the time the prescription is dispensed. Provides that these provisions shall not be construed to prohibit generic drug substitution as provided for in the Pharmacy Practice Act. Effective immediately.
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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 5. The Pharmacy Practice Act is amended by changing
Section 26 as follows:
(225 ILCS 85/26)
(Section scheduled to be repealed on January 1, 2018)
Sec. 26. Anti-epileptic, atypical anti-psychotic, and
targeted immune modulator (TIM) drug product change selection
prohibited.
(a) The General Assembly finds that this Section is
necessary for the immediate preservation of the public peace,
health, and safety.
(b) In this Section:
"Anti-epileptic drug" means (i) any drug prescribed for the
treatment of epilepsy or (ii) a drug used to treat or prevent
seizures.
"Epilepsy" means a neurological condition characterized by
recurrent seizures.
"Seizure" means a brief disturbance in the electrical
activity of the brain.
(c) When the prescribing physician has indicated on the
original prescription "may not substitute", a pharmacist may

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not interchange an anti-epileptic drug or formulation of an
anti-epileptic drug for the treatment of epilepsy, an atypical
anti-psychotic drug, or targeted immune modulator (TIM)
without notification and the documented consent of the
prescribing practitioner physician and the patient or the
patient's parent, legal guardian, or spouse. This Section does
not apply to medication orders issued for anti-epileptic drugs,
atypical anti-psychotic drugs, or targeted immune modulators
for any in-patient care in a licensed hospital.
(d) If a pharmacist substitutes any generic prescription in
place of any other a brand-name anti-epileptic drug, atypical
anti-psychotic drug, or targeted immune modulator, then the
pharmacist shall provide written notice to the patient no later
than the time the prescription is dispensed.
(e) Nothing in this Section shall be construed to prohibit
generic drug substitution as provided for in Section 25 of this
Act.
(Source: P.A. 97-456, eff. 1-1-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.