Illinois 96th Regular Session Status: Enacted 1 R cosponsors

HB 2450 — FOOD DRUG-LEGEND DRUG PROHIBIT

Last action — Public Act . . . . . . . . . 96-0573

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Medical Practice Act of 1987. Provides it is unlawful for any person to knowingly manufacture or deliver, or possess with intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, caplets, or 30 ml or more of a liquid medication who is not licensed under this Act or another Act of the State to practice, prescribe, or dispense legend drugs in all of its branches. Provides certain criminal penalties, fines, and forfeiture provisions for violations of the Section. Defines "legend drug" as a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is (1) habit-forming; (2) toxic or having potential for harm; or (3) limited in use by the new drug application for the drug to use only under a medical practitioner's supervision. Defines "medical practitioner" as any person licensed to practice medicine in all its branches in the State. Amends the Drug Asset Forfeiture Procedure Act. Provides that the provisions of the Act are applicable to all property forfeitable under the Medical Practice Act of 1987. Effective immediately.

Bill Text

What changed in the latest version

187 added · 183 removed

Plain-language change summary

In the latest version of the bill HB 2450, the definition of "Prescription" was changed to align with terminology from the Pharmacy Practice Act, which provides a more precise legal context. This change simplifies the language and clarifies what constitutes a prescription under the law. Such clarity is important because it helps ensure that individuals understand the legal standards for prescribing medication and reinforces the seriousness of penalties for those who manufacture or distribute drugs unlawfully.

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HB2450 Engrossed LRB096 04587 ASK 14643 b AN ACT concerning professional regulation.
HB2450 Enrolled LRB096 04587 ASK 14643 b AN ACT concerning professional regulation.
"Manufacture" means the production, preparation, HB2450 Engrossed - 2 - LRB096 04587 ASK 14643 b propagation, compounding, conversion, or processing of a legend drug, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container.
"Manufacture" means the production, preparation, HB2450 Enrolled - 2 - LRB096 04587 ASK 14643 b propagation, compounding, conversion, or processing of a legend drug, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container.
"Prescription" means a lawful written, facsimile, or verbal order of a medical practitioner as defined under the laws of the State.
"Prescription" has the same meaning ascribed to it in Section 3 of the Pharmacy Practice Act.
(b) It is unlawful for any person to knowingly manufacture or deliver or possess with the intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, or caplets or 30 ml or more of a legend drug in liquid form who is not licensed by applicable law to prescribe or dispense legend drugs or is not an employee of the licensee operating in the HB2450 Engrossed - 3 - LRB096 04587 ASK 14643 b normal course of business under the supervision of the licensee.
(b) It is unlawful for any person to knowingly manufacture or deliver or possess with the intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, or caplets or 30 ml or more of a legend drug in liquid form who is not licensed by applicable law to prescribe or dispense legend drugs or is not an employee of the licensee operating in the normal course of business under the supervision of the HB2450 Enrolled - 3 - LRB096 04587 ASK 14643 b licensee.
(B) no conveyance is subject to forfeiture under HB2450 Engrossed - 4 - LRB096 04587 ASK 14643 b this Section by reason of any act or omission which the owner proves to have been committed or omitted without his knowledge or consent;
(B) no conveyance is subject to forfeiture under this Section by reason of any act or omission which the HB2450 Enrolled - 4 - LRB096 04587 ASK 14643 b owner proves to have been committed or omitted without his knowledge or consent;
and (6) all real property, including any right, title, and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of Section 33.1 of this Act or that is the proceeds of any violation or act that constitutes a HB2450 Engrossed - 5 - LRB096 04587 ASK 14643 b violation of Section 33.1 of this Act.
and (6) all real property, including any right, title, and interest, including, but not limited to, any leasehold interest or the beneficial interest in a land trust, in the whole of any lot or tract of land and any appurtenances or improvements, which is used or intended to be used, in any manner or part, to commit, or in any manner to facilitate the commission of, any violation or act that constitutes a violation of Section 33.1 of this Act or that is the proceeds of any violation or act that constitutes a violation of Section 33.1 of this Act.
(d) Property subject to forfeiture under this Act may be seized by the Secretary or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property.
HB2450 Enrolled - 5 - LRB096 04587 ASK 14643 b (d) Property subject to forfeiture under this Act may be seized by the Director of the Department of State Police or any peace officer upon process or seizure warrant issued by any court having jurisdiction over the property.
Seizure by the Secretary or any peace officer without process may be made:
Seizure by the Director of the Department of State Police or any peace officer without process may be made:
(f) Property taken or detained under this Section shall not HB2450 Engrossed - 6 - LRB096 04587 ASK 14643 b be subject to replevin, but is deemed to be in the custody of the Secretary subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under the Drug Asset Forfeiture Procedure Act.
(f) Property taken or detained under this Section shall not HB2450 Enrolled - 6 - LRB096 04587 ASK 14643 b be subject to replevin, but is deemed to be in the custody of the Director of the Department of State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney under the Drug Asset Forfeiture Procedure Act.
If property is seized under this Act, then the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value, and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Secretary.
If property is seized under this Act, then the seizing agency shall promptly conduct an inventory of the seized property and estimate the property's value, and shall forward a copy of the inventory of seized property and the estimate of the property's value to the Director of the Department of State Police.
or (6) provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of HB2450 Engrossed - 7 - LRB096 04587 ASK 14643 b the property upon the terms and conditions set by the Secretary.
or HB2450 Enrolled - 7 - LRB096 04587 ASK 14643 b (6) provide for another agency or custodian, including an owner, secured party, or lienholder, to take custody of the property upon the terms and conditions set by the Director of the Department of State Police.
(h) If property is forfeited under this Act, then the Secretary must sell all such property unless such property is required by law to be destroyed or is harmful to the public, and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with subsection (i) of this Section.
(h) If property is forfeited under this Act, then the Director of the Department of State Police must sell all such property unless such property is required by law to be destroyed or is harmful to the public, and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with subsection (i) of this Section.
Upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests, and prosecution that led to the forfeiture, the Secretary may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws if the agency or prosecutor can demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts.
Upon the application of the seizing agency or prosecutor who was responsible for the investigation, arrest or arrests, and prosecution that led to the forfeiture, the Director of the Department of State Police may return any item of forfeited property to the seizing agency or prosecutor for official use in the enforcement of laws if the agency or prosecutor can HB2450 Enrolled - 8 - LRB096 04587 ASK 14643 b demonstrate that the item requested would be useful to the agency or prosecutor in their enforcement efforts.
If any forfeited conveyance, including an aircraft, vehicle, or vessel, is HB2450 Engrossed - 8 - LRB096 04587 ASK 14643 b returned to the seizing agency or prosecutor, then the conveyance may be used immediately in the enforcement of the criminal laws of the State.
If any forfeited conveyance, including an aircraft, vehicle, or vessel, is returned to the seizing agency or prosecutor, then the conveyance may be used immediately in the enforcement of the criminal laws of the State.
If any real property returned to the seizing agency is sold by the agency or its unit of government, then the proceeds of the sale shall be delivered to the Secretary and distributed in accordance with subsection (i) of this Section.
If any real property returned to the seizing agency is sold by the agency or its unit of government, then the proceeds of the sale shall be delivered to the Director of the Department of State Police and distributed in accordance with subsection (i) of this Section.
Amounts distributed to the agency or agencies shall be used for the enforcement of laws.
Amounts distributed to the agency or HB2450 Enrolled - 9 - LRB096 04587 ASK 14643 b agencies shall be used for the enforcement of laws.
(2) 12.5% shall be distributed to the Office of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a HB2450 Engrossed - 9 - LRB096 04587 ASK 14643 b special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws.
(2) 12.5% shall be distributed to the Office of the State's Attorney of the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws.
(725 ILCS 150/3) (from Ch.
HB2450 Enrolled - 10 - LRB096 04587 ASK 14643 b (725 ILCS 150/3) (from Ch.
The provisions of this Act are applicable to all property forfeitable under the Illinois HB2450 Engrossed - 10 - LRB096 04587 ASK 14643 b Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act.
The provisions of this Act are applicable to all property forfeitable under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Control and Community Protection Act.
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Action History

  1. Public Act . . . . . . . . . 96-0573

  2. Effective Date August 18, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Committee Amendment No. 1 House Concurs 114-000-000

  7. Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000

  8. Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee

  9. Senate Committee Amendment No. 1 Motion Filed Concur Rep. David E. Miller

  10. Placed on Calendar Order of Concurrence Senate Amendment(s) 1

  11. Arrived in House

  12. Third Reading - Passed; 057-000-000

  13. Placed on Calendar Order of 3rd Reading May 13, 2009

  14. Second Reading

  15. Placed on Calendar Order of 2nd Reading May 12, 2009

  16. Do Pass as Amended Criminal Law; 007-000-001

  17. Senate Committee Amendment No. 1 Adopted

  18. Senate Committee Amendment No. 1 Assignments Refers to Criminal Law

  19. Senate Committee Amendment No. 1 Referred to Assignments

  20. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski

  21. Postponed - Criminal Law

  22. Alternate Chief Sponsor Changed to Sen. Dan Kotowski

  23. Assigned to Criminal Law

  24. Referred to Assignments

  25. First Reading

  26. Added as Alternate Chief Co-Sponsor Sen. Don Harmon

  27. Chief Senate Sponsor Sen. John J. Cullerton

  28. Fiscal Note Filed as amended by House Amendment No. 1, from the Illinois Department of Public Health

  29. Placed on Calendar Order of First Reading March 30, 2009

  30. Arrive in Senate

  31. Third Reading - Short Debate - Passed 115-000-001

  32. Placed on Calendar Order of 3rd Reading - Short Debate

  33. House Floor Amendment No. 1 Adopted by Voice Vote

  34. Second Reading - Short Debate

  35. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  36. House Floor Amendment No. 1 Referred to Rules Committee

  37. House Floor Amendment No. 1 Filed with Clerk by Rep. David E. Miller

  38. Placed on Calendar 2nd Reading - Short Debate

  39. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000

  40. Assigned to Judiciary II - Criminal Law Committee

  41. Referred to Rules Committee

  42. First Reading

  43. Filed with the Clerk by Rep. David E. Miller

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 114 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 100003
Democrat 11000
Republican 3001
Total 114004
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Myers — Yea
Jackson — Yea
Jefferson — Yea
Davis, Monique — Yea
Lang — Yea
Reitz — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Lyons — Yea
Moffitt — Yea
Mulligan — Yea
Nekritz — Yea
Senger — Yea
Thapedi — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Burke — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Hannig — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Fortner — Yea
Harris — Yea
Madigan — Yea
Watson — Yea
Hernandez — Yea
Phelps — Yea
Howard — Yea
Pihos — Yea
Tryon — Not Voting
Washington — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Colvin — Yea
Connelly — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hatcher — Yea
Holbrook — Yea
Jakobsson — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Kosel — Yea
Osmond — Yea
Osterman — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Not Voting
Schmitz — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
McAsey — Yea
Flowers — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Not Voting

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 9000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Haine — Yea
Lauzen — Yea
Luechtefeld — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Demuzio — Yea
Schoenberg — Yea
Jacobs — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Hutchinson — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Not Voting
Dillard — Yea
Forby — Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 102001
Democrat 11000
Republican 2002
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jackson — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Jefferson — Yea
Kosel — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Moffitt — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Bradley — Yea
McGuire — Yea
Phelps — Yea
Brady — Yea
Senger — Yea
Sommer — Yea
Thapedi — Yea
Sullivan — Yea
Tryon — Yea
Burke — Yea
Mitchell, Bill — Yea
Turner — Yea
Verschoore — Yea
Mitchell, Jerry — Yea
Wait — Yea
Gordon, Jehan — Yea
Washington — Yea
Yarbrough — Yea
Zalewski — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Hernandez — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Connelly — Yea
Cross — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Howard — Yea
Gordon, Careen — Not Voting
Cultra — Yea
Currie — Yea
D'Amico — Yea
Jakobsson — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Mell — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Yea
Golar — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Not Voting
Chapin Rose Republican Not Voting
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 2450 do?
Amends the Medical Practice Act of 1987. Provides it is unlawful for any person to knowingly manufacture or deliver, or possess with intent to manufacture or deliver a legend drug of 6 or more pills, tablets, capsules, caplets, or 30 ml or more of a liquid medication who is not licensed under this Act or another Act of the State to practice, prescribe, or dispense legend drugs in all of its branches. Provides certain criminal penalties, fines, and forfeiture provisions for violations of the Section. Defines "legend drug" as a drug limited by the Federal Food, Drug and Cosmetic Act to being dispensed by or upon a medical practitioner's prescription because the drug is (1) habit-forming; (2) toxic or having potential for harm; or (3) limited in use by the new drug application for the drug to use only under a medical practitioner's supervision. Defines "medical practitioner" as any person licensed to practice medicine in all its branches in the State. Amends the Drug Asset Forfeiture Procedure Act. Provides that the provisions of the Act are applicable to all property forfeitable under the Medical Practice Act of 1987. Effective immediately.
Who sponsors HB 2450?
HB 2450 is sponsored by Chris Miller (Republican).
What is the current status of HB 2450?
This bill has been enacted into law. Introduced February 19, 2009. Enacted.
Where can I track HB 2450?
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