Bill Text: IL HB4874 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Controlled Substances Act. Provides that a pharmacist may not refuse to fill a valid prescription solely because it is not prescribed electronically. Provides that a compliance action with respect to this provision initiated by the Department of Financial and Professional Regulation prior to December 31, 2030 is limited to a non-disciplinary warning letter or citation, unless the prescriber fails to abide by the initial non-disciplinary warning letter or citation, has acted in bad faith, or a pattern of practice in violation of this Section occurs. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4874 Detail]

Download: Illinois-2023-HB4874-Engrossed.html

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HB4874 Engrossed LRB103 37508 RLC 69489 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Controlled Substances Act is
amended by changing Section 311.6 as follows:
(720 ILCS 570/311.6)
Sec. 311.6. Opioid prescriptions.
(a) Notwithstanding any other provision of law, a
prescription for a substance classified in Schedule II, III,
IV, or V must be sent electronically, in accordance with
Section 316. Prescriptions sent in accordance with this
subsection (a) must be accepted by the dispenser in electronic
format.
(b) Beginning on the effective date of this amendatory Act
of the 103rd General Assembly until December 31, 2028,
notwithstanding any other provision of this Section or any
other provision of law, a prescriber shall not be required to
issue prescriptions electronically if he or she certifies to
the Department of Financial and Professional Regulation that
he or she will not issue more than 150 prescriptions during a
12-month period. Prescriptions in both oral and written form
for controlled substances shall be included in determining
whether the prescriber will reach the limit of 150

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prescriptions. Beginning January 1, 2029, notwithstanding any
other provision of this Section or any other provision of law,
a prescriber shall not be required to issue prescriptions
electronically if he or she certifies to the Department of
Financial and Professional Regulation that he or she will not
issue more than 50 prescriptions during a 12-month period.
Prescriptions in both oral and written form for controlled
substances shall be included in determining whether the
prescriber will reach the limit of 50 prescriptions.
(b-5) Notwithstanding any other provision of this Section
or any other provision of law, a prescriber shall not be
required to issue prescriptions electronically under the
following circumstances:
(1) prior to January 1, 2026, the prescriber
demonstrates financial difficulties in buying or managing
an electronic prescription option, whether it is an
electronic health record or some other electronic
prescribing product;
(2) on and after January 1, 2026, the prescriber
provides proof of a waiver from the Centers for Medicare
and Medicaid Services for the Electronic Prescribing for
Controlled Substances Program due to demonstrated economic
hardship for the previous compliance year;
(3) there is a temporary technological or electrical
failure that prevents an electronic prescription from
being issued;

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(4) the prescription is for a drug that the
practitioner reasonably determines would be impractical
for the patient to obtain in a timely manner if prescribed
by an electronic data transmission prescription and the
delay would adversely impact the patient's medical
condition;
(5) the prescription is for an individual who:
(A) resides in a nursing or assisted living
facility;
(B) is receiving hospice or palliative care;
(C) is receiving care at an outpatient renal
dialysis facility and the prescription is related to
the care provided;
(D) is receiving care through the United States
Department of Veterans Affairs; or
(E) is incarcerated in a state, detained, or
confined in a correctional facility;
(6) the prescription prescribes a drug under a
research protocol;
(7) the prescription is a non-patient specific
prescription dispensed under a standing order, approved
protocol for drug therapy, collaborative drug management,
or comprehensive medication management, or in response to
a public health emergency or other circumstance in which
the practitioner may issue a non-patient specific
prescription;

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(8) the prescription is issued when the prescriber and
dispenser are the same entity;
(9) the prescription is issued for a compound
prescription containing 2 or more compounds; or
(10) the prescription is issued by a licensed
veterinarian within 2 years after the effective date of
this amendatory Act of the 103rd General Assembly.
(c) The Department of Financial and Professional
Regulation may adopt rules for the administration of this
Section to the requirements under this Section that the
Department of Financial and Professional Regulation may deem
appropriate.
(d) Any prescriber who makes a good faith effort to
prescribe electronically, but for reasons not within the
prescriber's control is unable to prescribe electronically,
may be exempt from any disciplinary action.
(e) Any pharmacist who dispenses in good faith based upon
a valid prescription that is not prescribed electronically may
be exempt from any disciplinary action. A pharmacist is not
required to ensure or responsible for ensuring the
prescriber's compliance under subsection (b), nor may any
other entity or organization require a pharmacist to ensure
the prescriber's compliance with that subsection. A pharmacist
may not refuse to fill a valid prescription solely because it
is not prescribed electronically.
(f) It shall be a violation of this Section for any

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prescriber or dispenser to adopt a policy contrary to this
Section.
(g) A compliance action with respect to this Section
initiated by the Department of Financial and Professional
Regulation prior to December 31, 2030 is limited to a
non-disciplinary warning letter or citation, unless the
prescriber or dispenser fails to abide by the initial
non-disciplinary warning letter or citation, has acted in bad
faith, or a pattern of practice in violation of this Section
occurs.
(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
102-1109 for effective date of P.A. 102-490); 103-425, eff.
1-1-24; 103-563, eff. 11-17-23.)