Short title
Short title. This Act may be cited as the Illinois Drug Reuse Opportunity Program Act. (Source: P.A. 102-389, eff. 1-1-22.)
Illinois · statute · 410 ILCS 715 · 21 active provisions
Short title. This Act may be cited as the Illinois Drug Reuse Opportunity Program Act. (Source: P.A. 102-389, eff. 1-1-22.)
Definitions. In this Act: "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of 21 CFR 1308. "Department" means the Illinois Department of Public Health. "Dispense" has the same meaning as defined in Section 3 of the Pharmacy Practice Act. "Donor" means any person, including…
Donating and receiving drugs. Notwithstanding any other law or rule, donors may donate drugs to recipients and recipients may receive donated drugs from donors. Recipients shall only dispense or administer drugs to eligible patients as described in Section 20, further donate drugs to another recipient as described in S…
Cost-free provision of drugs. Drugs donated for use under this Act are considered nonsaleable. When dispensing a drug to an eligible patient, the recipient must do so at no cost to the eligible patient, except that a uniform reasonable handling fee may be charged. The handling fee may not exceed the direct or indirect…
Requirements for dispensing drugs; priority. (a) A recipient may only dispense or administer a prescription drug or provide an over-the-counter drug: (1) if the recipient is otherwise permitted by law to dispense or administer the drug; (2) that meets the requirements in Section 25; (3) that is repackaged into a new co…
Requirements for accepting drugs. A drug received but not yet accepted into inventory shall be kept in a separate designated area. A drug may be accepted under this Act only if all of the following requirements are met: (1) The drug is in unopened tamper-evident packaging or has been repackaged according to Section 30.…
Donating and repackaging. Notwithstanding any other law or rule, a recipient may: (1) further donate drugs to another recipient; (2) repackage donated drugs as necessary for storage, dispensing, administration, or transfers in accordance with the following: (A) repackaged medicine shall be labeled with the drug's name,…
Disposition of drugs. A donated drug that does not meet the requirements of Section 25 must be disposed of by returning it to the donor, destroying it by an incinerator, medical waste hauler, or other lawful method, or transferring it to a returns processor. A record of disposal shall consist of the disposal method, th…
Participation not required. Nothing in this Act requires that a pharmacy or pharmacist be a recipient of drugs under this Act. (Source: P.A. 102-389, eff. 1-1-22.)
Recordkeeping requirements. When performing any action associated with a program under this Act or otherwise processing a donated drug for tax, manufacturer, or other credit, a recipient shall be considered to be acting as a returns processor and shall comply with all recordkeeping requirements for nonsalable returns u…
Change of ownership. A donation or other transfer of possession or control of a drug under this Act shall not be construed as a change of ownership unless it is specified as such by the recipient. If a record of the donation's transaction information or history is required, the history shall begin with the donor of the…
Retention of records. All records required under this Act shall be retained in physical or electronic format and on or off the recipient's premises for a period of 6 years. Donors or recipients may contract with one another or a third party to create or maintain records on each other's behalf. An identifier, such as a…
Authority. This Act supersedes any inconsistent law or rule for activities conducted under this Act. (Source: P.A. 102-389, eff. 1-1-22.)
Immunity. (a) Except as provided in subsection (b), no manufacturer, donor, or recipient shall be liable in any criminal or civil action, or be subject to professional discipline, for activities solely and directly attributable to donating, receiving, or dispensing drugs under this Act. (b) The immunity provided in sub…
Program support provided by the Department. (a) The Department shall: (1) develop, maintain, and publish on its website information regarding the names and locations of pharmacies participating in the Illinois Drug Reuse Opportunity Program; (2) educate pharmacies in the State about the Illinois Drug Reuse Opportunity…
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(Amendatory provisions; text omitted). (Source: P.A. 102-389, eff. 1-1-22; text omitted.)