SB1414 103RD GENERAL ASSEMBLY

LRB103 24837 RLC 52324 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1414

Introduced 2/6/2023, by Sen. Linda Holmes

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 electronically if he or she certifies to the Department of Financial and Professional Regulation that he or she will not issue more than 100 (rather than 25) prescriptions during a 12-month period. Provides that prescriptions in both oral and written form for controlled substances shall be included in determining whether the prescriber will reach the limit of 100 (rather than 25) prescriptions. Provides that the Department of Financial and Professional Regulation shall consider various factors in determining exemptions from the requirement of a prescriber to issue electronic prescriptions. Provides that 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, is exempt from any disciplinary action.

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 changing Section 311.6 as follows:

(720 ILCS 570/311.6)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 311.6. Electronic Opioid prescriptions; exemptions.

(a) Electronic prescriptions. 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) Electronic prescriptions not required. 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 100 25 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 100 25 prescriptions.

(b-5) Exemptions. The Department when developing rules for exemptions from subsection (a) shall consider the following:

(1) prescribers who do not have electronic health records in their practice;

(2) prescribers who may have financial difficulties in buying or managing an electronic prescription option, whether it is an electronic health record or some other e-Rx product;

(3) temporary technological or electrical failure that prevents an electronic prescription from being issued;

(4) prescriptions that the practitioner reasonably determines would be impractical for the patient to obtain medications prescribed by an electronic data transmission prescription in a timely manner and the delay would adversely impact the patient's medical condition;

(5) the patient or the patient's representative does not know which pharmacy the patient prefers or is available, the patient is out of the patient's home area, or needs to fill a prescription across state lines;

(6) 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;

(E) is incarcerated in a state, detained, or confined in a correctional facility;

(7) prescriptions that include elements that are not supported by the most recent version of the National Council for Prescription Drug Programs prescriber or pharmacist interface SCRIPT standard;

(8) prescriptions issued for compounded preparations containing 2 or more components;

(9) the prescription prescribes a drug under a research protocol;

(10) non-patient specific prescriptions 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 circumstances in which the practitioner may issue a non-patient specific prescription; and

(11) prescriptions issued when the prescriber and dispenser are the same entity.

(c) Rules. The Department of Financial and Professional Regulation shall adopt rules for the administration of this Section that include language to require pharmacies to accommodate paper prescriptions issued consistent with the exemptions provided in subsection (b-5). These rules shall provide for the implementation of any such exemption to the requirements under this Section that the Department of Financial and Professional Regulation may deem appropriate, including the exemption provided for in subsection (b).

(d) Disciplinary action. 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, is exempt from any disciplinary action.

(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).)