102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3454

 

Introduced 2/22/2021, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/315.7 new

    Amends the Illinois Controlled Substances Act. Provides that a prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient when one or more of the following conditions are present: (1) the prescription dosage for the patient is 90 or more morphine milligram equivalents of an opioid medication per day; (2) an opioid medication is prescribed concurrently with a prescription for benzodiazepine; (3) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant. Provides other requirements and exemptions. Makes other changes. Effective January 1, 2022.


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A BILL FOR

 

HB3454LRB102 14181 KMF 19533 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Controlled Substances Act is
5amended by adding Section 315.7 as follows:
 
6    (720 ILCS 570/315.7 new)
7    Sec. 315.7. Prescriber requirements; opioid depression.
8    (a) Notwithstanding any provision of law to the contrary,
9a prescriber shall:
10        (1) Offer a prescription for naloxone hydrochloride or
11    another drug approved by the United States Food and Drug
12    Administration for the complete or partial reversal of
13    opioid depression to a patient when one or more of the
14    following conditions are present:
15            (A) The prescription dosage for the patient is 90
16        or more morphine milligram equivalents of an opioid
17        medication per day.
18            (B) An opioid medication is prescribed
19        concurrently with a prescription for benzodiazepine.
20            (C) The patient presents with an increased risk
21        for overdose, including a patient with a history of
22        overdose, a patient with a history of substance use
23        disorder, or a patient at risk for returning to a high

 

 

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1        dose of opioid medication to which the patient is no
2        longer tolerant.
3        (2) Consistent with the existing standard of care,
4    provide education to patients receiving a prescription
5    under paragraph (1) of this subsection (a) on overdose
6    prevention and the use of naloxone hydrochloride or
7    another drug approved by the United States Food and Drug
8    Administration for the complete or partial reversal of
9    opioid depression.
10        (3) Consistent with the existing standard of care,
11    provide education on overdose prevention and the use of
12    naloxone hydrochloride or another drug approved by the
13    United States Food and Drug Administration for the
14    complete or partial reversal of opioid depression to one
15    or more persons designated by the patient, or, for a
16    patient who is a minor, to the minor's parent or guardian.
17    (b) This Section does not apply to a prescriber when
18prescribing to an inmate or youth under the jurisdiction of
19the Department of Corrections or the Department of Juvenile
20Justice.
21    (c) A prescriber who does not comply with subsection (a)
22is subject to administrative sanctions under the appropriate
23licensing board. This Section does not create a private right
24of action against a prescriber and does not limit a
25prescriber's liability for the negligent failure to diagnose
26or treat a patient.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2022.