Illinois 2023-2024 Regular Session

Illinois House Bill HB4874 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0732
2	1		HB4874 EnrolledLRB103 37508 RLC 69489 b HB4874 Enrolled LRB103 37508 RLC 69489 b
3	2		HB4874 Enrolled LRB103 37508 RLC 69489 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Controlled Substances Act is
8		-	amended by changing Section 311.6 as follows:
9		-	(720 ILCS 570/311.6)
10		-	Sec. 311.6. Opioid prescriptions.
11		-	(a) Notwithstanding any other provision of law, a
12		-	prescription for a substance classified in Schedule II, III,
13		-	IV, or V must be sent electronically, in accordance with
14		-	Section 316. Prescriptions sent in accordance with this
15		-	subsection (a) must be accepted by the dispenser in electronic
16		-	format.
17		-	(b) Beginning on the effective date of this amendatory Act
18		-	of the 103rd General Assembly until December 31, 2028,
19		-	notwithstanding any other provision of this Section or any
20		-	other provision of law, a prescriber shall not be required to
21		-	issue prescriptions electronically if he or she certifies to
22		-	the Department of Financial and Professional Regulation that
23		-	he or she will not issue more than 150 prescriptions during a
24		-	12-month period. Prescriptions in both oral and written form
25		-	for controlled substances shall be included in determining
26		-	whether the prescriber will reach the limit of 150
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Controlled Substances Act is
	7	+	5 amended by changing Section 311.6 as follows:
	8	+	6 (720 ILCS 570/311.6)
	9	+	7 Sec. 311.6. Opioid prescriptions.
	10	+	8 (a) Notwithstanding any other provision of law, a
	11	+	9 prescription for a substance classified in Schedule II, III,
	12	+	10 IV, or V must be sent electronically, in accordance with
	13	+	11 Section 316. Prescriptions sent in accordance with this
	14	+	12 subsection (a) must be accepted by the dispenser in electronic
	15	+	13 format.
	16	+	14 (b) Beginning on the effective date of this amendatory Act
	17	+	15 of the 103rd General Assembly until December 31, 2028,
	18	+	16 notwithstanding any other provision of this Section or any
	19	+	17 other provision of law, a prescriber shall not be required to
	20	+	18 issue prescriptions electronically if he or she certifies to
	21	+	19 the Department of Financial and Professional Regulation that
	22	+	20 he or she will not issue more than 150 prescriptions during a
	23	+	21 12-month period. Prescriptions in both oral and written form
	24	+	22 for controlled substances shall be included in determining
	25	+	23 whether the prescriber will reach the limit of 150
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28	27
29	28
30	29		HB4874 Enrolled LRB103 37508 RLC 69489 b
31	30
32	31
33		-	prescriptions. Beginning January 1, 2029, notwithstanding any
34		-	other provision of this Section or any other provision of law,
35		-	a prescriber shall not be required to issue prescriptions
36		-	electronically if he or she certifies to the Department of
37		-	Financial and Professional Regulation that he or she will not
38		-	issue more than 50 prescriptions during a 12-month period.
39		-	Prescriptions in both oral and written form for controlled
40		-	substances shall be included in determining whether the
41		-	prescriber will reach the limit of 50 prescriptions.
42		-	(b-5) Notwithstanding any other provision of this Section
43		-	or any other provision of law, a prescriber shall not be
44		-	required to issue prescriptions electronically under the
45		-	following circumstances:
46		-	(1) prior to January 1, 2026, the prescriber
47		-	demonstrates financial difficulties in buying or managing
48		-	an electronic prescription option, whether it is an
49		-	electronic health record or some other electronic
50		-	prescribing product;
51		-	(2) on and after January 1, 2026, the prescriber
52		-	provides proof of a waiver from the Centers for Medicare
53		-	and Medicaid Services for the Electronic Prescribing for
54		-	Controlled Substances Program due to demonstrated economic
55		-	hardship for the previous compliance year;
56		-	(3) there is a temporary technological or electrical
57		-	failure that prevents an electronic prescription from
58		-	being issued;
	32	+	HB4874 Enrolled- 2 -LRB103 37508 RLC 69489 b HB4874 Enrolled - 2 - LRB103 37508 RLC 69489 b
	33	+	HB4874 Enrolled - 2 - LRB103 37508 RLC 69489 b
	34	+	1 prescriptions. Beginning January 1, 2029, notwithstanding any
	35	+	2 other provision of this Section or any other provision of law,
	36	+	3 a prescriber shall not be required to issue prescriptions
	37	+	4 electronically if he or she certifies to the Department of
	38	+	5 Financial and Professional Regulation that he or she will not
	39	+	6 issue more than 50 prescriptions during a 12-month period.
	40	+	7 Prescriptions in both oral and written form for controlled
	41	+	8 substances shall be included in determining whether the
	42	+	9 prescriber will reach the limit of 50 prescriptions.
	43	+	10 (b-5) Notwithstanding any other provision of this Section
	44	+	11 or any other provision of law, a prescriber shall not be
	45	+	12 required to issue prescriptions electronically under the
	46	+	13 following circumstances:
	47	+	14 (1) prior to January 1, 2026, the prescriber
	48	+	15 demonstrates financial difficulties in buying or managing
	49	+	16 an electronic prescription option, whether it is an
	50	+	17 electronic health record or some other electronic
	51	+	18 prescribing product;
	52	+	19 (2) on and after January 1, 2026, the prescriber
	53	+	20 provides proof of a waiver from the Centers for Medicare
	54	+	21 and Medicaid Services for the Electronic Prescribing for
	55	+	22 Controlled Substances Program due to demonstrated economic
	56	+	23 hardship for the previous compliance year;
	57	+	24 (3) there is a temporary technological or electrical
	58	+	25 failure that prevents an electronic prescription from
	59	+	26 being issued;
59	60
60	61
61		-	(4) the prescription is for a drug that the
62		-	practitioner reasonably determines would be impractical
63		-	for the patient to obtain in a timely manner if prescribed
64		-	by an electronic data transmission prescription and the
65		-	delay would adversely impact the patient's medical
66		-	condition;
67		-	(5) the prescription is for an individual who:
68		-	(A) resides in a nursing or assisted living
69		-	facility;
70		-	(B) is receiving hospice or palliative care;
71		-	(C) is receiving care at an outpatient renal
72		-	dialysis facility and the prescription is related to
73		-	the care provided;
74		-	(D) is receiving care through the United States
75		-	Department of Veterans Affairs; or
76		-	(E) is incarcerated in a state, detained, or
77		-	confined in a correctional facility;
78		-	(6) the prescription prescribes a drug under a
79		-	research protocol;
80		-	(7) the prescription is a non-patient specific
81		-	prescription dispensed under a standing order, approved
82		-	protocol for drug therapy, collaborative drug management,
83		-	or comprehensive medication management, or in response to
84		-	a public health emergency or other circumstance in which
85		-	the practitioner may issue a non-patient specific
86		-	prescription;
87	62
88	63
89		-	(8) the prescription is issued when the prescriber and
90		-	dispenser are the same entity;
91		-	(9) the prescription is issued for a compound
92		-	prescription containing 2 or more compounds; or
93		-	(10) the prescription is issued by a licensed
94		-	veterinarian within 2 years after the effective date of
95		-	this amendatory Act of the 103rd General Assembly.
96		-	(c) The Department of Financial and Professional
97		-	Regulation may adopt rules for the administration of this
98		-	Section to the requirements under this Section that the
99		-	Department of Financial and Professional Regulation may deem
100		-	appropriate.
101		-	(d) Any prescriber who makes a good faith effort to
102		-	prescribe electronically, but for reasons not within the
103		-	prescriber's control is unable to prescribe electronically,
104		-	may be exempt from any disciplinary action.
105		-	(e) Any pharmacist who dispenses in good faith based upon
106		-	a valid prescription that is not prescribed electronically may
107		-	be exempt from any disciplinary action. A pharmacist is not
108		-	required to ensure or responsible for ensuring the
109		-	prescriber's compliance under subsection (b), nor may any
110		-	other entity or organization require a pharmacist to ensure
111		-	the prescriber's compliance with that subsection. A pharmacist
112		-	may not refuse to fill a valid prescription solely because it
113		-	is not prescribed electronically.
114		-	(f) It shall be a violation of this Section for any
	64	+
	65	+	HB4874 Enrolled - 2 - LRB103 37508 RLC 69489 b
115	66
116	67
117		-	prescriber or dispenser to adopt a policy contrary to this
118		-	Section.
119		-	(g) A compliance action with respect to this Section
120		-	initiated by the Department of Financial and Professional
121		-	Regulation prior to December 31, 2030 is limited to a
122		-	non-disciplinary warning letter or citation, unless the
123		-	prescriber or dispenser fails to abide by the initial
124		-	non-disciplinary warning letter or citation, has acted in bad
125		-	faith, or a pattern of practice in violation of this Section
126		-	occurs.
127		-	(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
128		-	102-1109 for effective date of P.A. 102-490); 103-425, eff.
129		-	1-1-24; 103-563, eff. 11-17-23.)
	68	+	HB4874 Enrolled- 3 -LRB103 37508 RLC 69489 b HB4874 Enrolled - 3 - LRB103 37508 RLC 69489 b
	69	+	HB4874 Enrolled - 3 - LRB103 37508 RLC 69489 b
	70	+	1 (4) the prescription is for a drug that the
	71	+	2 practitioner reasonably determines would be impractical
	72	+	3 for the patient to obtain in a timely manner if prescribed
	73	+	4 by an electronic data transmission prescription and the
	74	+	5 delay would adversely impact the patient's medical
	75	+	6 condition;
	76	+	7 (5) the prescription is for an individual who:
	77	+	8 (A) resides in a nursing or assisted living
	78	+	9 facility;
	79	+	10 (B) is receiving hospice or palliative care;
	80	+	11 (C) is receiving care at an outpatient renal
	81	+	12 dialysis facility and the prescription is related to
	82	+	13 the care provided;
	83	+	14 (D) is receiving care through the United States
	84	+	15 Department of Veterans Affairs; or
	85	+	16 (E) is incarcerated in a state, detained, or
	86	+	17 confined in a correctional facility;
	87	+	18 (6) the prescription prescribes a drug under a
	88	+	19 research protocol;
	89	+	20 (7) the prescription is a non-patient specific
	90	+	21 prescription dispensed under a standing order, approved
	91	+	22 protocol for drug therapy, collaborative drug management,
	92	+	23 or comprehensive medication management, or in response to
	93	+	24 a public health emergency or other circumstance in which
	94	+	25 the practitioner may issue a non-patient specific
	95	+	26 prescription;
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	HB4874 Enrolled - 3 - LRB103 37508 RLC 69489 b
	102	+
	103	+
	104	+	HB4874 Enrolled- 4 -LRB103 37508 RLC 69489 b HB4874 Enrolled - 4 - LRB103 37508 RLC 69489 b
	105	+	HB4874 Enrolled - 4 - LRB103 37508 RLC 69489 b
	106	+	1 (8) the prescription is issued when the prescriber and
	107	+	2 dispenser are the same entity;
	108	+	3 (9) the prescription is issued for a compound
	109	+	4 prescription containing 2 or more compounds; or
	110	+	5 (10) the prescription is issued by a licensed
	111	+	6 veterinarian within 2 years after the effective date of
	112	+	7 this amendatory Act of the 103rd General Assembly.
	113	+	8 (c) The Department of Financial and Professional
	114	+	9 Regulation may adopt rules for the administration of this
	115	+	10 Section to the requirements under this Section that the
	116	+	11 Department of Financial and Professional Regulation may deem
	117	+	12 appropriate.
	118	+	13 (d) Any prescriber who makes a good faith effort to
	119	+	14 prescribe electronically, but for reasons not within the
	120	+	15 prescriber's control is unable to prescribe electronically,
	121	+	16 may be exempt from any disciplinary action.
	122	+	17 (e) Any pharmacist who dispenses in good faith based upon
	123	+	18 a valid prescription that is not prescribed electronically may
	124	+	19 be exempt from any disciplinary action. A pharmacist is not
	125	+	20 required to ensure or responsible for ensuring the
	126	+	21 prescriber's compliance under subsection (b), nor may any
	127	+	22 other entity or organization require a pharmacist to ensure
	128	+	23 the prescriber's compliance with that subsection. A pharmacist
	129	+	24 may not refuse to fill a valid prescription solely because it
	130	+	25 is not prescribed electronically.
	131	+	26 (f) It shall be a violation of this Section for any
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB4874 Enrolled - 4 - LRB103 37508 RLC 69489 b
	138	+
	139	+
	140	+	HB4874 Enrolled- 5 -LRB103 37508 RLC 69489 b HB4874 Enrolled - 5 - LRB103 37508 RLC 69489 b
	141	+	HB4874 Enrolled - 5 - LRB103 37508 RLC 69489 b
	142	+	1 prescriber or dispenser to adopt a policy contrary to this
	143	+	2 Section.
	144	+	3 (g) A compliance action with respect to this Section
	145	+	4 initiated by the Department of Financial and Professional
	146	+	5 Regulation prior to December 31, 2030 is limited to a
	147	+	6 non-disciplinary warning letter or citation, unless the
	148	+	7 prescriber or dispenser fails to abide by the initial
	149	+	8 non-disciplinary warning letter or citation, has acted in bad
	150	+	9 faith, or a pattern of practice in violation of this Section
	151	+	10 occurs.
	152	+	11 (Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
	153	+	12 102-1109 for effective date of P.A. 102-490); 103-425, eff.
	154	+	13 1-1-24; 103-563, eff. 11-17-23.)
	155	+
	156	+
	157	+
	158	+
	159	+
	160	+	HB4874 Enrolled - 5 - LRB103 37508 RLC 69489 b