Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2469 Latest Draft

Bill / Introduced Version Filed 02/07/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2469 Introduced 2/7/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: 720 ILCS 570/311.6 Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions for a substance classified in Schedule II, III, IV, or V electronically if the prescription is issued by a licensed veterinarian within 7 (rather than 2) years after November 17, 2023 (the effective date of Public Act 103-563). LRB104 08825 RLC 18880 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2469 Introduced 2/7/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:  720 ILCS 570/311.6 720 ILCS 570/311.6  Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions for a substance classified in Schedule II, III, IV, or V electronically if the prescription is issued by a licensed veterinarian within 7 (rather than 2) years after November 17, 2023 (the effective date of Public Act 103-563).  LRB104 08825 RLC 18880 b     LRB104 08825 RLC 18880 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2469 Introduced 2/7/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
720 ILCS 570/311.6 720 ILCS 570/311.6
720 ILCS 570/311.6
Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions for a substance classified in Schedule II, III, IV, or V electronically if the prescription is issued by a licensed veterinarian within 7 (rather than 2) years after November 17, 2023 (the effective date of Public Act 103-563).
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    LRB104 08825 RLC 18880 b
A BILL FOR
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1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Controlled Substances Act is
5  amended by changing Section 311.6 as follows:
6  (720 ILCS 570/311.6)
7  Sec. 311.6. Prescriptions for substance classified in
8  Schedule II, III, IV, or V sent electronically; exceptions
9  Opioid prescriptions.
10  (a) Notwithstanding any other provision of law, a
11  prescription for a substance classified in Schedule II, III,
12  IV, or V must be sent electronically, in accordance with
13  Section 316. Prescriptions sent in accordance with this
14  subsection (a) must be accepted by the dispenser in electronic
15  format.
16  (b) Beginning on January 1, 2024 (the effective date of
17  Public Act 103-425) this amendatory Act of the 103rd General
18  Assembly until December 31, 2028, notwithstanding any other
19  provision of this Section or any other provision of law, a
20  prescriber shall not be required to issue prescriptions
21  electronically if he or she certifies to the Department of
22  Financial and Professional Regulation that he or she will not
23  issue more than 150 prescriptions during a 12-month period.

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 SB2469 Introduced 2/7/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED:
720 ILCS 570/311.6 720 ILCS 570/311.6
720 ILCS 570/311.6
Amends the Illinois Controlled Substances Act. Provides that, notwithstanding any other provision of law, a prescriber shall not be required to issue prescriptions for a substance classified in Schedule II, III, IV, or V electronically if the prescription is issued by a licensed veterinarian within 7 (rather than 2) years after November 17, 2023 (the effective date of Public Act 103-563).
LRB104 08825 RLC 18880 b     LRB104 08825 RLC 18880 b
    LRB104 08825 RLC 18880 b
A BILL FOR

 

 

720 ILCS 570/311.6



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1  Prescriptions in both oral and written form for controlled
2  substances shall be included in determining whether the
3  prescriber will reach the limit of 150 prescriptions.
4  Beginning January 1, 2029, notwithstanding any other provision
5  of this Section or any other provision of law, a prescriber
6  shall not be required to issue prescriptions electronically if
7  he or she certifies to the Department of Financial and
8  Professional Regulation that he or she will not issue more
9  than 50 prescriptions during a 12-month period. Prescriptions
10  in both oral and written form for controlled substances shall
11  be included in determining whether the prescriber will reach
12  the limit of 50 prescriptions.
13  (b-5) Notwithstanding any other provision of this Section
14  or any other provision of law, a prescriber shall not be
15  required to issue prescriptions electronically under the
16  following circumstances:
17  (1) prior to January 1, 2026, the prescriber
18  demonstrates financial difficulties in buying or managing
19  an electronic prescription option, whether it is an
20  electronic health record or some other electronic
21  prescribing product;
22  (2) on and after January 1, 2026, the prescriber
23  provides proof of a waiver from the Centers for Medicare
24  and Medicaid Services for the Electronic Prescribing for
25  Controlled Substances Program due to demonstrated economic
26  hardship for the previous compliance year;

 

 

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1  (3) there is a temporary technological or electrical
2  failure that prevents an electronic prescription from
3  being issued;
4  (4) the prescription is for a drug that the
5  practitioner reasonably determines would be impractical
6  for the patient to obtain in a timely manner if prescribed
7  by an electronic data transmission prescription and the
8  delay would adversely impact the patient's medical
9  condition;
10  (5) the prescription is for an individual who:
11  (A) resides in a nursing or assisted living
12  facility;
13  (B) is receiving hospice or palliative care;
14  (C) is receiving care at an outpatient renal
15  dialysis facility and the prescription is related to
16  the care provided;
17  (D) is receiving care through the United States
18  Department of Veterans Affairs; or
19  (E) is incarcerated in a state, detained, or
20  confined in a correctional facility;
21  (6) the prescription prescribes a drug under a
22  research protocol;
23  (7) the prescription is a non-patient specific
24  prescription dispensed under a standing order, approved
25  protocol for drug therapy, collaborative drug management,
26  or comprehensive medication management, or in response to

 

 

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1  a public health emergency or other circumstance in which
2  the practitioner may issue a non-patient specific
3  prescription;
4  (8) the prescription is issued when the prescriber and
5  dispenser are the same entity;
6  (9) the prescription is issued for a compound
7  prescription containing 2 or more compounds; or
8  (10) the prescription is issued by a licensed
9  veterinarian within 7 2 years after November 17, 2023 (
10  the effective date of Public Act 103-563) this amendatory
11  Act of the 103rd General Assembly.
12  (c) The Department of Financial and Professional
13  Regulation may adopt rules for the administration of this
14  Section to the requirements under this Section that the
15  Department of Financial and Professional Regulation may deem
16  appropriate.
17  (d) Any prescriber who makes a good faith effort to
18  prescribe electronically, but for reasons not within the
19  prescriber's control is unable to prescribe electronically,
20  may be exempt from any disciplinary action.
21  (e) Any pharmacist who dispenses in good faith based upon
22  a valid prescription that is not prescribed electronically may
23  be exempt from any disciplinary action. A pharmacist is not
24  required to ensure or responsible for ensuring the
25  prescriber's compliance under subsection (b), nor may any
26  other entity or organization require a pharmacist to ensure

 

 

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