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Illinois House Bill HB1638

Illinois 2025-2026 Regular Session

Illinois House Bill HB1638 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1638 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 Amends the Illinois Controlled Substances Act. Provides that any person, other than the person for whom a Schedule II controlled substance is prescribed, who receives the prescribed Schedule II controlled substance at a pharmacy shall provide: (1) identifying information of the person for whom the controlled substance is prescribed; and (2) photo identification given to the pharmacy, which shall keep a photo copy in the file of the person for whom the controlled substance is prescribed for a period of 90 days. LRB104 07471 RLC 17513 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1638 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 Amends the Illinois Controlled Substances Act. Provides that any person, other than the person for whom a Schedule II controlled substance is prescribed, who receives the prescribed Schedule II controlled substance at a pharmacy shall provide: (1) identifying information of the person for whom the controlled substance is prescribed; and (2) photo identification given to the pharmacy, which shall keep a photo copy in the file of the person for whom the controlled substance is prescribed for a period of 90 days. LRB104 07471 RLC 17513 b LRB104 07471 RLC 17513 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1638 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED:
33 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 720 ILCS 570/312 from Ch. 56 1/2, par. 1312
44 720 ILCS 570/312 from Ch. 56 1/2, par. 1312
55 Amends the Illinois Controlled Substances Act. Provides that any person, other than the person for whom a Schedule II controlled substance is prescribed, who receives the prescribed Schedule II controlled substance at a pharmacy shall provide: (1) identifying information of the person for whom the controlled substance is prescribed; and (2) photo identification given to the pharmacy, which shall keep a photo copy in the file of the person for whom the controlled substance is prescribed for a period of 90 days.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Controlled Substances Act is
1515 5 amended by changing Section 312 as follows:
1616 6 (720 ILCS 570/312) (from Ch. 56 1/2, par. 1312)
1717 7 Sec. 312. Requirements for dispensing controlled
1818 8 substances.
1919 9 (a) A practitioner, in good faith, may dispense a Schedule
2020 10 II controlled substance, which is a narcotic drug listed in
2121 11 Section 206 of this Act; or which contains any quantity of
2222 12 amphetamine or methamphetamine, their salts, optical isomers
2323 13 or salts of optical isomers; phenmetrazine and its salts; or
2424 14 pentazocine; and Schedule III, IV, or V controlled substances
2525 15 to any person upon a written or electronic prescription of any
2626 16 prescriber, dated and signed by the person prescribing (or
2727 17 electronically validated in compliance with Section 311.5) on
2828 18 the day when issued and bearing the name and address of the
2929 19 patient for whom, or the owner of the animal for which the
3030 20 controlled substance is dispensed, and the full name, address
3131 21 and registry number under the laws of the United States
3232 22 relating to controlled substances of the prescriber, if he or
3333 23 she is required by those laws to be registered. If the
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3838 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 720 ILCS 570/312 from Ch. 56 1/2, par. 1312
3939 720 ILCS 570/312 from Ch. 56 1/2, par. 1312
4040 Amends the Illinois Controlled Substances Act. Provides that any person, other than the person for whom a Schedule II controlled substance is prescribed, who receives the prescribed Schedule II controlled substance at a pharmacy shall provide: (1) identifying information of the person for whom the controlled substance is prescribed; and (2) photo identification given to the pharmacy, which shall keep a photo copy in the file of the person for whom the controlled substance is prescribed for a period of 90 days.
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6868 1 prescription is for an animal it shall state the species of
6969 2 animal for which it is ordered. The practitioner filling the
7070 3 prescription shall, unless otherwise permitted, write the date
7171 4 of filling and his or her own signature on the face of the
7272 5 written prescription or, alternatively, shall indicate such
7373 6 filling using a unique identifier as defined in paragraph (v)
7474 7 of Section 3 of the Pharmacy Practice Act. The written
7575 8 prescription shall be retained on file by the practitioner who
7676 9 filled it or pharmacy in which the prescription was filled for
7777 10 a period of 2 years, so as to be readily accessible for
7878 11 inspection or removal by any officer or employee engaged in
7979 12 the enforcement of this Act. Whenever the practitioner's or
8080 13 pharmacy's copy of any prescription is removed by an officer
8181 14 or employee engaged in the enforcement of this Act, for the
8282 15 purpose of investigation or as evidence, such officer or
8383 16 employee shall give to the practitioner or pharmacy a receipt
8484 17 in lieu thereof. If the specific prescription is machine or
8585 18 computer generated and printed at the prescriber's office, the
8686 19 date does not need to be handwritten. A prescription for a
8787 20 Schedule II controlled substance shall not be issued for more
8888 21 than a 30 day supply, except as provided in subsection (a-5),
8989 22 and shall be valid for up to 90 days after the date of
9090 23 issuance. A written prescription for Schedule III, IV or V
9191 24 controlled substances shall not be filled or refilled more
9292 25 than 6 months after the date thereof or refilled more than 5
9393 26 times unless renewed, in writing, by the prescriber. A
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104104 1 pharmacy shall maintain a policy regarding the type of
105105 2 identification necessary, if any, to receive a prescription in
106106 3 accordance with State and federal law. The pharmacy must post
107107 4 such information where prescriptions are filled.
108108 5 (a-5) Physicians may issue multiple prescriptions (3
109109 6 sequential 30-day supplies) for the same Schedule II
110110 7 controlled substance, authorizing up to a 90-day supply.
111111 8 Before authorizing a 90-day supply of a Schedule II controlled
112112 9 substance, the physician must meet the following conditions:
113113 10 (1) Each separate prescription must be issued for a
114114 11 legitimate medical purpose by an individual physician
115115 12 acting in the usual course of professional practice.
116116 13 (2) The individual physician must provide written
117117 14 instructions on each prescription (other than the first
118118 15 prescription, if the prescribing physician intends for the
119119 16 prescription to be filled immediately) indicating the
120120 17 earliest date on which a pharmacy may fill that
121121 18 prescription.
122122 19 (3) The physician shall document in the medical record
123123 20 of a patient the medical necessity for the amount and
124124 21 duration of the 3 sequential 30-day prescriptions for
125125 22 Schedule II narcotics.
126126 23 (a-10) Prescribers who issue a prescription for an opioid
127127 24 shall inform the patient that opioids are addictive and that
128128 25 opioid antagonists are available by prescription or from a
129129 26 pharmacy.
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140140 1 (b) In lieu of a written prescription required by this
141141 2 Section, a pharmacist, in good faith, may dispense Schedule
142142 3 III, IV, or V substances to any person either upon receiving a
143143 4 facsimile of a written, signed prescription transmitted by the
144144 5 prescriber or the prescriber's agent or upon a lawful oral
145145 6 prescription of a prescriber which oral prescription shall be
146146 7 reduced promptly to writing by the pharmacist and such written
147147 8 memorandum thereof shall be dated on the day when such oral
148148 9 prescription is received by the pharmacist and shall bear the
149149 10 full name and address of the ultimate user for whom, or of the
150150 11 owner of the animal for which the controlled substance is
151151 12 dispensed, and the full name, address, and registry number
152152 13 under the law of the United States relating to controlled
153153 14 substances of the prescriber prescribing if he or she is
154154 15 required by those laws to be so registered, and the pharmacist
155155 16 filling such oral prescription shall write the date of filling
156156 17 and his or her own signature on the face of such written
157157 18 memorandum thereof. The facsimile copy of the prescription or
158158 19 written memorandum of the oral prescription shall be retained
159159 20 on file by the proprietor of the pharmacy in which it is filled
160160 21 for a period of not less than two years, so as to be readily
161161 22 accessible for inspection by any officer or employee engaged
162162 23 in the enforcement of this Act in the same manner as a written
163163 24 prescription. The facsimile copy of the prescription or oral
164164 25 prescription and the written memorandum thereof shall not be
165165 26 filled or refilled more than 6 months after the date thereof or
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176176 1 be refilled more than 5 times, unless renewed, in writing, by
177177 2 the prescriber.
178178 3 (c) Except for any non-prescription targeted
179179 4 methamphetamine precursor regulated by the Methamphetamine
180180 5 Precursor Control Act, a controlled substance included in
181181 6 Schedule V shall not be distributed or dispensed other than
182182 7 for a medical purpose and not for the purpose of evading this
183183 8 Act, and then:
184184 9 (1) only personally by a person registered to dispense
185185 10 a Schedule V controlled substance and then only to his or
186186 11 her patients, or
187187 12 (2) only personally by a pharmacist, and then only to
188188 13 a person over 21 years of age who has identified himself or
189189 14 herself to the pharmacist by means of 2 positive documents
190190 15 of identification.
191191 16 The dispenser shall record the name and address of the
192192 17 purchaser, the name and quantity of the product, the date and
193193 18 time of the sale, and the dispenser's signature.
194194 19 No person shall purchase or be dispensed more than 120
195195 20 milliliters or more than 120 grams of any Schedule V substance
196196 21 which contains codeine, dihydrocodeine, or any salts thereof,
197197 22 or ethylmorphine, or any salts thereof, in any 96-hour period.
198198 23 The purchaser shall sign a form, approved by the Department of
199199 24 Financial and Professional Regulation, attesting that he or
200200 25 she has not purchased any Schedule V controlled substances
201201 26 within the immediately preceding 96 hours.
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212212 1 All records of purchases and sales shall be maintained for
213213 2 not less than 2 years.
214214 3 No person shall obtain or attempt to obtain within any
215215 4 consecutive 96-hour period any Schedule V substances of more
216216 5 than 120 milliliters or more than 120 grams containing
217217 6 codeine, dihydrocodeine or any of its salts, or ethylmorphine
218218 7 or any of its salts. Any person obtaining any such
219219 8 preparations or combination of preparations in excess of this
220220 9 limitation shall be in unlawful possession of such controlled
221221 10 substance.
222222 11 A person qualified to dispense controlled substances under
223223 12 this Act and registered thereunder shall at no time maintain
224224 13 or keep in stock a quantity of Schedule V controlled
225225 14 substances in excess of 4.5 liters for each substance; a
226226 15 pharmacy shall at no time maintain or keep in stock a quantity
227227 16 of Schedule V controlled substances as defined in excess of
228228 17 4.5 liters for each substance, plus the additional quantity of
229229 18 controlled substances necessary to fill the largest number of
230230 19 prescription orders filled by that pharmacy for such
231231 20 controlled substances in any one week in the previous year.
232232 21 These limitations shall not apply to Schedule V controlled
233233 22 substances which Federal law prohibits from being dispensed
234234 23 without a prescription.
235235 24 No person shall distribute or dispense butyl nitrite for
236236 25 inhalation or other introduction into the human body for
237237 26 euphoric or physical effect.
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248248 1 (d) Every practitioner shall keep a record or log of
249249 2 controlled substances received by him or her and a record of
250250 3 all such controlled substances administered, dispensed or
251251 4 professionally used by him or her otherwise than by
252252 5 prescription. It shall, however, be sufficient compliance with
253253 6 this paragraph if any practitioner utilizing controlled
254254 7 substances listed in Schedules III, IV and V shall keep a
255255 8 record of all those substances dispensed and distributed by
256256 9 him or her other than those controlled substances which are
257257 10 administered by the direct application of a controlled
258258 11 substance, whether by injection, inhalation, ingestion, or any
259259 12 other means to the body of a patient or research subject. A
260260 13 practitioner who dispenses, other than by administering, a
261261 14 controlled substance in Schedule II, which is a narcotic drug
262262 15 listed in Section 206 of this Act, or which contains any
263263 16 quantity of amphetamine or methamphetamine, their salts,
264264 17 optical isomers or salts of optical isomers, pentazocine, or
265265 18 methaqualone shall do so only upon the issuance of a written
266266 19 prescription blank or electronic prescription issued by a
267267 20 prescriber.
268268 21 (d-1) Any person, other than the person for whom a
269269 22 Schedule II controlled substance is prescribed, who receives
270270 23 the prescribed Schedule II controlled substance at a pharmacy
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272272 25 (1) identifying information of the person for whom the
273273 26 controlled substance is prescribed; and
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284284 1 (2) photo identification given to the pharmacy, which
285285 2 shall keep a photo copy in the file of the person for whom
286286 3 the controlled substance is prescribed for a period of 90
287287 4 days.
288288 5 (e) Whenever a manufacturer distributes a controlled
289289 6 substance in a package prepared by him or her, and whenever a
290290 7 wholesale distributor distributes a controlled substance in a
291291 8 package prepared by him or her or the manufacturer, he or she
292292 9 shall securely affix to each package in which that substance
293293 10 is contained a label showing in legible English the name and
294294 11 address of the manufacturer, the distributor and the quantity,
295295 12 kind and form of controlled substance contained therein. No
296296 13 person except a pharmacist and only for the purposes of
297297 14 filling a prescription under this Act, shall alter, deface or
298298 15 remove any label so affixed.
299299 16 (f) Whenever a practitioner dispenses any controlled
300300 17 substance except a non-prescription Schedule V product or a
301301 18 non-prescription targeted methamphetamine precursor regulated
302302 19 by the Methamphetamine Precursor Control Act, he or she shall
303303 20 affix to the container in which such substance is sold or
304304 21 dispensed, a label indicating the date of initial filling, the
305305 22 practitioner's name and address, the name of the patient, the
306306 23 name of the prescriber, the directions for use and cautionary
307307 24 statements, if any, contained in any prescription or required
308308 25 by law, the proprietary name or names or the established name
309309 26 of the controlled substance, and the dosage and quantity,
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320320 1 except as otherwise authorized by regulation by the Department
321321 2 of Financial and Professional Regulation. No person shall
322322 3 alter, deface or remove any label so affixed as long as the
323323 4 specific medication remains in the container.
324324 5 (g) A person to whom or for whose use any controlled
325325 6 substance has been prescribed or dispensed by a practitioner,
326326 7 or other persons authorized under this Act, and the owner of
327327 8 any animal for which such substance has been prescribed or
328328 9 dispensed by a veterinarian, may lawfully possess such
329329 10 substance only in the container in which it was delivered to
330330 11 him or her by the person dispensing such substance.
331331 12 (h) The responsibility for the proper prescribing or
332332 13 dispensing of controlled substances that are under the
333333 14 prescriber's direct control is upon the prescriber. The
334334 15 responsibility for the proper filling of a prescription for
335335 16 controlled substance drugs rests with the pharmacist. An order
336336 17 purporting to be a prescription issued to any individual,
337337 18 which is not in the regular course of professional treatment
338338 19 nor part of an authorized methadone maintenance program, nor
339339 20 in legitimate and authorized research instituted by any
340340 21 accredited hospital, educational institution, charitable
341341 22 foundation, or federal, state or local governmental agency,
342342 23 and which is intended to provide that individual with
343343 24 controlled substances sufficient to maintain that individual's
344344 25 or any other individual's, habitual or customary use,
345345 26 dependence, or diversion of that controlled substance is not a
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356356 1 prescription within the meaning and intent of this Act; and
357357 2 the person issuing it, shall be subject to the penalties
358358 3 provided for violations of the law relating to controlled
359359 4 substances.
360360 5 (i) A prescriber shall not pre-print or cause to be
361361 6 pre-printed a prescription for any controlled substance; nor
362362 7 shall any practitioner issue, fill or cause to be issued or
363363 8 filled, a pre-printed prescription for any controlled
364364 9 substance.
365365 10 (i-5) A prescriber may use a machine or electronic device
366366 11 to individually generate a printed prescription, but the
367367 12 prescriber is still required to affix his or her manual
368368 13 signature.
369369 14 (j) No person shall manufacture, dispense, deliver,
370370 15 possess with intent to deliver, prescribe, or administer or
371371 16 cause to be administered under his or her direction any
372372 17 anabolic steroid, for any use in humans other than the
373373 18 treatment of disease in accordance with the order of a
374374 19 physician licensed to practice medicine in all its branches
375375 20 for a valid medical purpose in the course of professional
376376 21 practice. The use of anabolic steroids for the purpose of
377377 22 hormonal manipulation that is intended to increase muscle
378378 23 mass, strength or weight without a medical necessity to do so,
379379 24 or for the intended purpose of improving physical appearance
380380 25 or performance in any form of exercise, sport, or game, is not
381381 26 a valid medical purpose or in the course of professional
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