(225 ILCS 85/19)
(from Ch. 111, par. 4139)
(Section scheduled to be repealed on January 1, 2023)
Nothing contained in this Act shall be construed to prohibit
a pharmacist licensed in this State from filling or refilling a valid
prescription for prescription drugs which is on file in a pharmacy licensed in
any state and has been transferred from one pharmacy to another by any means,
including by way of electronic data processing equipment upon the following
conditions and exceptions:
(1) Prior to dispensing pursuant to any such
prescription, the dispensing pharmacist shall:
(a) Advise the patient that the prescription on
file at such other pharmacy must be canceled before he or she will be able to fill or refill it.
(b) Determine that the prescription is valid and
on file at such other pharmacy and that such prescription may be filled or refilled, as requested, in accordance with the prescriber's intent expressed on such prescription.
(c) Notify the pharmacy where the prescription is
on file that the prescription must be canceled.
(d) Record in writing or electronically the
prescription order, the name of the pharmacy at which the prescription was on file, the prescription number, the name of the drug and the original amount dispensed, the date of original dispensing, and the number of remaining authorized refills.
(e) Obtain the consent of the prescriber to the
refilling of the prescription when the prescription, in the professional judgment of the dispensing pharmacist, so requires.
(2) Upon receipt of a request for prescription
information set forth in subparagraph (d) of paragraph (1) of this Section, if the requested pharmacist is satisfied in his professional judgment that such request is valid and legal, the requested pharmacist shall:
(a) Provide such information accurately and
(b) Record electronically or, if in writing, on
the face of the prescription, the name of the requesting pharmacy and pharmacist and the date of request.
(c) Cancel the prescription on file by writing
the word "void" on its face or the electronic equivalent, if not in written format. No further prescription information shall be given or medication dispensed pursuant to such original prescription.
(3) In the event that, after the information set
forth in subparagraph (d) of paragraph (1) of this Section has been provided, a prescription is not dispensed by the requesting pharmacist, then such pharmacist shall provide notice of this fact to the pharmacy from which such information was obtained; such notice shall then cancel the prescription in the same manner as set forth in subparagraph (c) of paragraph (2) of this Section.
(4) When filling or refilling a valid prescription on
file in another state, the dispensing pharmacist shall be required to follow all the requirements of Illinois law which apply to the dispensing of prescription drugs. If anything in Illinois law prevents the filling or refilling of the original prescription it shall be unlawful to dispense pursuant to this Section.
(5) Prescriptions for drugs in Schedules III, IV, and
V of the Illinois Controlled Substances Act may be transferred only once and may not be further transferred. However, pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by the law and the prescriber's authorization.
(Source: P.A. 100-497, eff. 9-8-17