(Section scheduled to be repealed on January 1, 2028)

923 words·~4 min read·/il/chapter-225/act-120/1-28

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 25.5. Third-party logistics providers.

(a)Each resident third-party logistics provider must be licensed by the Department, and every non-resident third-party logistics provider must be licensed in this State, in accordance with this Act, prior to shipping a prescription drug into this State.

(b)The Department shall require, without limitation, all of the following information from each applicant for licensure under this Act:

(1)The name, full business address, and telephone number of the licensee.

(2)All trade or business names used by the licensee.

(3)Addresses, telephone numbers, and the names of contact persons for all facilities

used by the licensee for the storage, handling, and distribution of prescription drugs.

(4)The type of ownership or operation, such as a partnership, corporation, or sole

proprietorship.

(5)The name of the owner or operator of the third-party logistics provider, including:

(A)if a natural person, the name of the natural person;

(B)if a partnership, the name of each partner and the name of the partnership;

(C)if a corporation, the name and title of each corporate officer and director, the

corporate names, and the name of the state of incorporation; and

(D)if a sole proprietorship, the full name of the sole proprietor and the name of

the business entity.

(6)A list of all licenses and permits issued to the applicant by any other state that

authorizes the applicant to purchase or possess prescription drugs.

(7)The name of the designated representative for the third-party logistics provider,

together with the personal information statement and fingerprints, as required under subsection

(c)of this Section.

(8)Minimum liability insurance and other insurance as defined by rule.

(9)Any additional information required by the Department.

(c)Each third-party logistics provider must designate an individual representative who shall serve as the contact person for the Department. This representative must provide the Department with all of the following information:

(1)Information concerning whether the person has been enjoined, either temporarily or

permanently, by a court of competent jurisdiction from violating any federal or State law regulating the possession, control, or distribution of prescription drugs or criminal violations, together with details concerning any such event.

(2)A description of any involvement by the person with any business, including any

investments, other than the ownership of stock in a publicly traded company or mutual fund, that manufactured, administered, prescribed, distributed, or stored pharmaceutical products and any lawsuits in which such businesses were named as a party.

(3)A description of any misdemeanor or felony criminal offense of which the person, as

an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the person pled guilty or nolo contendere. If the person indicates that a criminal conviction is under appeal and submits a copy of the notice of appeal of that criminal offense, the applicant must, within 15 days after the disposition of the appeal, submit to the Department a copy of the final written order of disposition.

(4)The designated representative of an applicant for licensure as a third-party

logistics provider shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check.

The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department, in its discretion, may allow an applicant who does not have reasonable access to a designated vendor to provide his or her fingerprints in an alternative manner. The Department may adopt any rules necessary to implement this paragraph (4).

(d)A third-party logistics provider shall not operate from a place of residence.

(e)A third-party logistics provider facility shall be located apart and separate from any retail pharmacy licensed by the Department.

(f)The Department may not issue a third-party logistics provider license to an applicant, unless the Department first:

(1)ensures that a physical inspection of the facility satisfactory to the Department

has occurred at the address provided by the applicant, as required under item

(1)of subsection

(b)of this Section; such inspection is not required if the resident state of the third-party logistics provider facility does not license third-party logistics providers or if the resident state does not inspect third-party logistics providers. If the resident state does not inspect third-party logistics providers, a Verified Accredited Wholesale Distributors Accreditation or other inspection approved by the Department meets this requirement; and

(2)determines that the designated representative meets each of the following

qualifications:

(A)He or she is at least 21 years of age.

(B)He or she is employed by the applicant full time in a managerial level position.

(C)He or she is actively involved in and aware of the actual daily operation of

third-party logistics provider.

(g)A third-party logistics provider shall publicly display all licenses and have the most recent state and federal inspection reports readily available.