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




HB3355 EnrolledLRB102 16962 RLC 22380 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 changing Section 313 and by adding Section 315.6 as
7    (720 ILCS 570/313)  (from Ch. 56 1/2, par. 1313)
8    Sec. 313. (a) Controlled substances which are lawfully
9administered in hospitals or institutions licensed under the
10Hospital Licensing Act shall be exempt from the requirements
11of Sections 312, 315.6, and 316, except that the prescription
12for the controlled substance shall be in writing on the
13patient's record, signed by the prescriber, and dated, and
14shall state the name and quantity of controlled substances
15ordered and the quantity actually administered. The records of
16such prescriptions shall be maintained for two years and shall
17be available for inspection by officers and employees of the
18Illinois State Police and the Department of Financial and
19Professional Regulation.
20    The exemption under this subsection (a) does not apply to
21a prescription (including an outpatient prescription from an
22emergency department or outpatient clinic) for more than a
2372-hour supply of a discharge medication to be consumed



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1outside of the hospital or institution.
2    (b) Controlled substances that can lawfully be
3administered or dispensed directly to a patient in a long-term
4care facility licensed by the Department of Public Health as a
5skilled nursing facility, intermediate care facility, or
6long-term care facility for residents under 22 years of age,
7are exempt from the requirements of Section 312 except that a
8prescription for a Schedule II controlled substance must be
9either a prescription signed by the prescriber or a
10prescription transmitted by the prescriber or prescriber's
11agent to the dispensing pharmacy by facsimile. The facsimile
12serves as the original prescription and must be maintained for
132 years from the date of issue in the same manner as a written
14prescription signed by the prescriber.
15    (c) A prescription that is generated for a Schedule II
16controlled substance to be compounded for direct
17administration to a patient in a private residence, long-term
18care facility, or hospice program may be transmitted by
19facsimile by the prescriber or the prescriber's agent to the
20pharmacy providing the home infusion services. The facsimile
21serves as the original prescription for purposes of this
22paragraph (c) and it shall be maintained in the same manner as
23the original prescription.
24    (c-1) A prescription generated for a Schedule II
25controlled substance for a patient residing in a hospice
26certified by Medicare under Title XVIII of the Social Security



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1Act or licensed by the State may be transmitted by the
2practitioner or the practitioner's agent to the dispensing
3pharmacy by facsimile or electronically as provided in Section
4311.5. The practitioner or practitioner's agent must note on
5the prescription that the patient is a hospice patient. The
6facsimile or electronic record serves as the original
7prescription for purposes of this paragraph (c-1) and it shall
8be maintained in the same manner as the original prescription.
9    (d) Controlled substances which are lawfully administered
10and/or dispensed in drug abuse treatment programs licensed by
11the Department shall be exempt from the requirements of
12Sections 312 and 316, except that the prescription for such
13controlled substances shall be issued and authenticated on
14official prescription logs prepared and maintained in
15accordance with 77 Ill. Adm. Code 2060: Alcoholism and
16Substance Abuse Treatment and Intervention Licenses, and in
17compliance with other applicable State and federal laws. The
18Department-licensed drug treatment program shall report
19applicable prescriptions via electronic record keeping
20software approved by the Department. This software must be
21compatible with the specifications of the Department. Drug
22abuse treatment programs shall report to the Department
23methadone prescriptions or medications dispensed through the
24use of Department-approved File Transfer Protocols (FTPs).
25Methadone prescription records must be maintained in
26accordance with the applicable requirements as set forth by



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1the Department in accordance with 77 Ill. Adm. Code 2060:
2Alcoholism and Substance Abuse Treatment and Intervention
3Licenses, and in compliance with other applicable State and
4federal laws.
5    (e) Nothing in this Act shall be construed to limit the
6authority of a hospital pursuant to Section 65-45 of the Nurse
7Practice Act to grant hospital clinical privileges to an
8individual advanced practice registered nurse to select, order
9or administer medications, including controlled substances to
10provide services within a hospital. Nothing in this Act shall
11be construed to limit the authority of an ambulatory surgical
12treatment center pursuant to Section 65-45 of the Nurse
13Practice Act to grant ambulatory surgical treatment center
14clinical privileges to an individual advanced practice
15registered nurse to select, order or administer medications,
16including controlled substances to provide services within an
17ambulatory surgical treatment center.
18(Source: P.A. 100-513, eff. 1-1-18.)
19    (720 ILCS 570/315.6 new)
20    Sec. 315.6. Risks of dependence on opioids.
21    (a) Definitions. As used in this Section:
22        (1) "Opioid" means a narcotic drug or substance that
23    is a Schedule II controlled substance under paragraph (1),
24    (2), (3), or (5) of subsection (b) or under subsection (c)
25    of Section 206 of this Act.



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1        (2) "Department" means the Department of Human
2    Services.
3    (b) The Department shall develop and make available on its
4website information on the risks of developing a physical or
5psychological dependence on opioids and any alternative
6treatments, including the Opioid Alternative Pilot Program.
7    (c) The Department shall develop and make available upon
8request to all prescribers, pharmacists, and patients in the
9State a pamphlet which explains the risks of developing a
10physical or psychological dependence on opioids. This pamphlet
11may contain any information which the Secretary of the
12Department deems necessary and may be revised by the
13Department whenever new information becomes available. The
14pamphlet shall be downloadable from the Department's website.
15    (d) A pharmacist shall, prior to dispensing an opioid that
16is a Schedule II controlled substance, furnish the pamphlet or
17information therein developed by the Department and discuss
18the risks of developing a physical or psychological dependence
19on opioids.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.