Illinois General Assembly - Full Text of HB3355
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Full Text of HB3355  102nd General Assembly


Sen. Jason Plummer

Filed: 5/14/2021





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2    AMENDMENT NO. ______. Amend House Bill 3355, on page 1, by
3replacing line 4 through line 5 with the following:
4    "Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 313 and by adding Section 315.6 as
6follows:"; and
7on page 1, immediately below line 5, by inserting the
9    "(720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
10    Sec. 313. (a) Controlled substances which are lawfully
11administered in hospitals or institutions licensed under the
12Hospital Licensing Act shall be exempt from the requirements
13of Sections 312, 315.6, and 316, except that the prescription
14for the controlled substance shall be in writing on the
15patient's record, signed by the prescriber, and dated, and
16shall state the name and quantity of controlled substances



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1ordered and the quantity actually administered. The records of
2such prescriptions shall be maintained for two years and shall
3be available for inspection by officers and employees of the
4Illinois State Police and the Department of Financial and
5Professional Regulation.
6    The exemption under this subsection (a) does not apply to
7a prescription (including an outpatient prescription from an
8emergency department or outpatient clinic) for more than a
972-hour supply of a discharge medication to be consumed
10outside of the hospital or institution.
11    (b) Controlled substances that can lawfully be
12administered or dispensed directly to a patient in a long-term
13care facility licensed by the Department of Public Health as a
14skilled nursing facility, intermediate care facility, or
15long-term care facility for residents under 22 years of age,
16are exempt from the requirements of Section 312 except that a
17prescription for a Schedule II controlled substance must be
18either a prescription signed by the prescriber or a
19prescription transmitted by the prescriber or prescriber's
20agent to the dispensing pharmacy by facsimile. The facsimile
21serves as the original prescription and must be maintained for
222 years from the date of issue in the same manner as a written
23prescription signed by the prescriber.
24    (c) A prescription that is generated for a Schedule II
25controlled substance to be compounded for direct
26administration to a patient in a private residence, long-term



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1care facility, or hospice program may be transmitted by
2facsimile by the prescriber or the prescriber's agent to the
3pharmacy providing the home infusion services. The facsimile
4serves as the original prescription for purposes of this
5paragraph (c) and it shall be maintained in the same manner as
6the original prescription.
7    (c-1) A prescription generated for a Schedule II
8controlled substance for a patient residing in a hospice
9certified by Medicare under Title XVIII of the Social Security
10Act or licensed by the State may be transmitted by the
11practitioner or the practitioner's agent to the dispensing
12pharmacy by facsimile or electronically as provided in Section
13311.5. The practitioner or practitioner's agent must note on
14the prescription that the patient is a hospice patient. The
15facsimile or electronic record serves as the original
16prescription for purposes of this paragraph (c-1) and it shall
17be maintained in the same manner as the original prescription.
18    (d) Controlled substances which are lawfully administered
19and/or dispensed in drug abuse treatment programs licensed by
20the Department shall be exempt from the requirements of
21Sections 312 and 316, except that the prescription for such
22controlled substances shall be issued and authenticated on
23official prescription logs prepared and maintained in
24accordance with 77 Ill. Adm. Code 2060: Alcoholism and
25Substance Abuse Treatment and Intervention Licenses, and in
26compliance with other applicable State and federal laws. The



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1Department-licensed drug treatment program shall report
2applicable prescriptions via electronic record keeping
3software approved by the Department. This software must be
4compatible with the specifications of the Department. Drug
5abuse treatment programs shall report to the Department
6methadone prescriptions or medications dispensed through the
7use of Department-approved File Transfer Protocols (FTPs).
8Methadone prescription records must be maintained in
9accordance with the applicable requirements as set forth by
10the Department in accordance with 77 Ill. Adm. Code 2060:
11Alcoholism and Substance Abuse Treatment and Intervention
12Licenses, and in compliance with other applicable State and
13federal laws.
14    (e) Nothing in this Act shall be construed to limit the
15authority of a hospital pursuant to Section 65-45 of the Nurse
16Practice Act to grant hospital clinical privileges to an
17individual advanced practice registered nurse to select, order
18or administer medications, including controlled substances to
19provide services within a hospital. Nothing in this Act shall
20be construed to limit the authority of an ambulatory surgical
21treatment center pursuant to Section 65-45 of the Nurse
22Practice Act to grant ambulatory surgical treatment center
23clinical privileges to an individual advanced practice
24registered nurse to select, order or administer medications,
25including controlled substances to provide services within an
26ambulatory surgical treatment center.



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1(Source: P.A. 100-513, eff. 1-1-18.)".