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| Public Act 102-0608 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Controlled Substances Act is | ||||
amended by changing Section 313 and by adding Section 315.6 as | ||||
follows:
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(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
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Sec. 313. (a) Controlled substances which are lawfully | ||||
administered in
hospitals or institutions licensed under the | ||||
Hospital Licensing Act shall
be exempt from the requirements | ||||
of Sections 312, 315.6, and 316, except
that the
prescription | ||||
for the controlled substance shall be in writing on the
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patient's record, signed by the prescriber, and dated, and | ||||
shall state the
name and quantity of controlled substances | ||||
ordered and the quantity
actually administered. The records of | ||||
such prescriptions shall be
maintained for two years and shall | ||||
be available for inspection by officers
and employees of the | ||||
Illinois State Police and the Department of Financial and
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Professional Regulation. | ||||
The exemption under this subsection (a) does not apply to | ||||
a prescription (including an outpatient prescription from an | ||||
emergency department or outpatient clinic) for more than a | ||||
72-hour supply of a discharge medication to be consumed | ||||
outside of the hospital or institution.
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(b) Controlled substances that can lawfully be | ||
administered or dispensed
directly to a patient in a long-term | ||
care facility licensed by the Department
of Public Health as a | ||
skilled nursing facility, intermediate care facility, or
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long-term care facility for residents under 22 years of age, | ||
are exempt from
the requirements of Section 312 except that a | ||
prescription
for a
Schedule II controlled substance must be | ||
either a prescription signed
by the prescriber or a | ||
prescription transmitted by the prescriber or
prescriber's | ||
agent to the dispensing pharmacy by facsimile. The
facsimile | ||
serves as the original prescription and must be maintained for | ||
2
years from the date of issue in the same manner as a written | ||
prescription
signed by the prescriber.
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(c) A prescription that is generated for a Schedule II | ||
controlled substance
to be compounded for direct | ||
administration to a patient in a private
residence, long-term | ||
care facility, or hospice program
may be transmitted by
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facsimile by the prescriber or the prescriber's agent to the | ||
pharmacy providing
the home infusion services. The facsimile | ||
serves as the original
prescription for purposes of this | ||
paragraph (c) and it shall be maintained in
the same manner as | ||
the original prescription.
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(c-1) A prescription generated for a Schedule II | ||
controlled substance for a
patient residing in a hospice | ||
certified by Medicare under Title XVIII of the
Social Security | ||
Act or
licensed by the State may be transmitted by the | ||
practitioner or the
practitioner's
agent to the dispensing | ||
pharmacy by facsimile or electronically as provided in Section | ||
311.5. The practitioner or
practitioner's
agent must note on | ||
the prescription that the patient is a hospice patient. The
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facsimile or electronic record serves as the original | ||
prescription for purposes of this
paragraph (c-1) and it shall | ||
be maintained in the same manner as the original
prescription.
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(d) Controlled substances which are lawfully administered
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and/or dispensed
in drug abuse treatment programs licensed by | ||
the Department shall be exempt
from the requirements of | ||
Sections 312 and 316, except that the
prescription
for such | ||
controlled substances shall be issued and authenticated
on | ||
official prescription logs prepared and maintained in | ||
accordance with 77 Ill. Adm. Code 2060: Alcoholism and | ||
Substance Abuse Treatment and Intervention Licenses, and in | ||
compliance with other applicable State and federal laws. The | ||
Department-licensed drug treatment program shall report | ||
applicable prescriptions via electronic record keeping | ||
software approved by the Department. This software must be | ||
compatible with the specifications of the Department. Drug | ||
abuse treatment programs shall report to the Department | ||
methadone prescriptions or medications dispensed through the | ||
use of Department-approved File Transfer Protocols (FTPs). | ||
Methadone prescription records must be maintained in | ||
accordance with the applicable requirements as set forth by | ||
the Department in accordance with 77 Ill. Adm. Code 2060: | ||
Alcoholism and Substance Abuse Treatment and Intervention | ||
Licenses, and in compliance with other applicable State and | ||
federal laws. | ||
(e) Nothing in this Act shall be construed to limit the | ||
authority of a hospital pursuant to Section 65-45 of the Nurse | ||
Practice Act to grant hospital clinical privileges to an | ||
individual advanced practice registered nurse to select, order | ||
or administer medications, including controlled substances to | ||
provide services within a hospital. Nothing in this Act shall | ||
be construed to limit the authority of an ambulatory surgical | ||
treatment center pursuant to Section 65-45 of the Nurse | ||
Practice Act to grant ambulatory surgical treatment center | ||
clinical privileges to an individual advanced practice | ||
registered nurse to select, order or administer medications, | ||
including controlled substances to provide services within an | ||
ambulatory surgical treatment center.
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(Source: P.A. 100-513, eff. 1-1-18.)
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(720 ILCS 570/315.6 new) | ||
Sec. 315.6. Risks of dependence on opioids. | ||
(a) Definitions. As used in this Section: | ||
(1) "Opioid" means a narcotic drug or substance that | ||
is a Schedule II controlled substance under paragraph (1), | ||
(2), (3), or (5) of subsection (b) or under subsection (c) | ||
of Section 206 of this Act. | ||
(2) "Department" means the Department of Human | ||
Services. | ||
(b) The Department shall develop and make available on its | ||
website information on the risks of developing a physical or | ||
psychological dependence on opioids and any alternative | ||
treatments, including the Opioid Alternative Pilot Program. | ||
(c) The Department shall develop and make available upon | ||
request to all prescribers, pharmacists, and patients in the | ||
State a pamphlet which explains the risks of developing a | ||
physical or psychological dependence on opioids. This pamphlet | ||
may contain any information which the Secretary of the | ||
Department deems necessary and may be revised by the | ||
Department whenever new information becomes available. The | ||
pamphlet shall be downloadable from the Department's website. | ||
(d) A pharmacist shall, prior to dispensing an opioid that | ||
is a Schedule II controlled substance, furnish the pamphlet or | ||
information therein developed by the Department and discuss | ||
the risks of developing a physical or psychological dependence | ||
on opioids.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||