Chapter 410 — PUBLIC HEALTH

(410 ILCS 720/20) Sec. 20. Identification of covered manufacturers. (a) No later than April 1, 2023, each pharmacy, private label distributor, and repackager that sells or offers for sale in Illinois, under its own label, a covered drug must provide written notification to the Ag…

(410 ILCS 720/25) Sec. 25. Drug take-back program requirements. (a) At least 120 days prior to submitting a proposal under Section 35, a manufacturer program operator must notify potential authorized collectors of the opportunity to serve as an authorized collector for the propos…

(410 ILCS 720/30) Sec. 30. Manufacturer program operator requirements. A manufacturer program operator shall: (1) Adopt policies and procedures to be followed by persons handling covered drugs collected under the program to ensure compliance with State and federal laws, rules, an…

(410 ILCS 720/35) Sec. 35. Drug take-back program approval. (a) By July 1, 2023, each covered manufacturer must individually or collectively submit to the Agency for review and approval a proposal for the establishment and implementation of a drug take-back program. The proposal …

(410 ILCS 720/40) Sec. 40. Changes or modifications to the approved manufacturer drug take-back program. A manufacturer program operator shall maintain records for 5 years of any changes to an approved drug take-back program. These include, but are not limited to, changes in: (1)…

(410 ILCS 720/45) Sec. 45. Drug take-back program promotion. Each drug take-back program must include a system of promotion, education, and public outreach about the proper collection and management of covered drugs. If there is more than one drug take-back program operated by mo…

(410 ILCS 720/5) Sec. 5. Findings. The General Assembly finds that: (1) A safe system for the collection and disposal of unused, unwanted, and expired medicines is a key element of a comprehensive strategy to prevent prescription drug abuse and pharmaceutical pollution. Home medi…

(410 ILCS 720/50) Sec. 50. Annual program report. (a) By April 1, 2025, and each April 1 thereafter, a manufacturer program operator must submit to the Agency a report describing implementation of the drug take-back program during the previous calendar year. The report must inclu…

(410 ILCS 720/55) Sec. 55. Manufacturer drug take-back program funding. (a) A covered manufacturer or group of covered manufacturers must pay all administrative and operational costs associated with establishing and implementing the drug take-back program in which it participates…

(410 ILCS 720/60) Sec. 60. Registration fee. (a) By January 1, 2023, and by January 1 of each year thereafter, each covered manufacturer and manufacturer program operator shall register with the Agency and submit to the Agency a $2,500 registration fee. (b) All fees collected und…

(410 ILCS 720/65) Sec. 65. Rules; enforcement; penalties. (a) The Agency may adopt any rules it deems necessary to implement and administer this Act. (b) Except as otherwise provided in this Act, any person who violates any provision of this Act is liable for a civil penalty of $…

(410 ILCS 720/70) Sec. 70. Antitrust immunity. The activities authorized by this Act require collaboration among covered manufacturers and among authorized collectors. These activities will enable safe and secure collection and disposal of covered drugs in Illinois and are theref…

(410 ILCS 720/75) Sec. 75. Public disclosure. Proprietary information submitted to the Agency under this Act is exempted from disclosure as provided under paragraphs (g) and (mm) of subsection (1) of Section 7 of the Freedom of Information Act. (Source: P.A. 102-1055, eff. 6-10-2…

(410 ILCS 720/90) Sec. 90. Home rule. (a) It is the intent of the General Assembly that, in order to ensure a uniform, statewide solution, on and after the effective date of this Act no unit of local government shall mandate that a new drug take-back or disposal program be create…

(410 ILCS 720/95) Sec. 95. (Amendatory provisions; text omitted). (Source: P.A. 102-1055, eff. 6-10-22; text omitted.)

(410 ILCS 720/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 102-1055, eff. 6-10-22.)

(410 ILCS 725/1) Sec. 1. Short title. This Act may be cited as the Pharmaceutical and Health Affordability: Restrictions on Manufacturers' Amoral Behavior through Reasonable Oversight Act. (Source: P.A. 103-367, eff. 1-1-24.)

(410 ILCS 725/10) Sec. 10. Price gouging prohibited. (a) A manufacturer or wholesale drug distributor shall not engage in price gouging in the sale of an essential off-patent or generic drug that is ultimately sold in Illinois. It is not a violation of this Act for a wholesale di…

(410 ILCS 725/2) Sec. 2. Legislative findings. (a) The General Assembly finds that public reports by Congress and the news media have demonstrated the devastating impact that increasing drug prices can have on the 60% of Americans and 90% of seniors that take prescription drugs. …

(410 ILCS 725/5) Sec. 5. Definitions. As used in this Act: "Essential off-patent or generic drug" means any prescription drug sold within the State: (1) for which all exclusive marketing rights, if any, granted under the Federal Food, Drug, and Cosmetic Act, Section 351 of the fe…

(410 ILCS 725/99) Sec. 99. Effective date. This Act takes effect January 1, 2024. (Source: P.A. 103-367, eff. 1-1-24.)