HB3532 102ND GENERAL ASSEMBLY

LRB102 12163 KMF 17500 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3532

Introduced 2/22/2021, by Rep. Deb Conroy

SYNOPSIS AS INTRODUCED:

720 ILCS 570/316.5 new

Amends the Illinois Controlled Substances Act. Provides that except as otherwise provided in the Act, when issuing a first-time opioid prescription for outpatient use to an adult patient with an acute condition, a medical practitioner shall not issue a prescription for more than a 7-day supply. Provides that except as otherwise provided in the Act, a medical practitioner shall not issue a prescription for an opioid to a minor for more than a 7-day supply at any time and shall discuss with a parent, tutor, or guardian of the minor the risks associated with opioid use and the reasons why the prescription is necessary. Determines when a medical practitioner can prescribe more than a 7-day supply. Provides that a prescription may be filled for less than the prescribed amount.

A BILL FOR

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 adding Section 316.5 as follows:

(720 ILCS 570/316.5 new)

Sec. 316.5. Opioid prescriptions.

(1)(a) Except as provided in paragraph (2) of this subsection, when issuing a first-time opioid prescription for outpatient use to an adult patient with an acute condition, a medical practitioner shall not issue a prescription for more than a 7-day supply.

(b) Except as provided in paragraph (2) of this subsection, a medical practitioner shall not issue a prescription for an opioid to a minor for more than a 7-day supply at any time and shall discuss with a parent, tutor, or guardian of the minor the risks associated with opioid use and the reasons why the prescription is necessary.

(2) If, in the professional medical judgment of a medical practitioner, more than a seven-day supply of an opioid is required to treat the adult or minor patient's acute medical condition or is necessary for the treatment of chronic pain management, pain associated with a cancer diagnosis, or for palliative care, the practitioner may issue a prescription for the quantity needed to treat the patient's acute medical condition or pain. The condition triggering the prescription of an opioid for more than a seven-day supply shall be documented in the patient's medical record and the practitioner shall indicate that a nonopioid alternative was not appropriate to address the medical condition.

(3) This Subsection shall not apply to medications designed for the treatment of substance abuse or opioid dependence.

(4) Prior to issuing a prescription for an opioid, a medical practitioner shall do both of the following:

(a) Consult with the patient regarding the quantity of the opioid and the patient's option to fill the prescription in a lesser quantity.

(b) Inform the patient of the risks associated with the opioid prescribed.

(5) (a) A pharmacist filling a prescription for an opioid may dispense the prescribed substance in an amount less than the recommended full quantity indicated on the prescription if requested by the patient and the prescription complies with the provisions of this Section. The patient may request that the pharmacist fill an additional amount not to exceed the remaining prescribed quantity in accordance with 21 U.S.C. 829.

(b) If the dispensed amount is less than the recommended full quantity, the pharmacist or a designee shall ensure that the actual dispensed amount is accurately recorded in the prescription monitoring program. The pharmacist or a designee shall also, within seven days, make a notation in the interoperable electronic health record of the patient if the pharmacist has access to the record.

(c) Nothing in this Subsection shall be interpreted to conflict with or supersede any other requirement established in this Section for a prescription of a controlled dangerous substance or any requirements or conditions for drug substitutions established by law.