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Public Act 102-0608
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| HB3355 Enrolled | LRB102 16962 RLC 22380 b |
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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 |
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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 |
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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 |
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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. |
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(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. |