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(720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
Sec. 313. (a) Controlled substances which are lawfully administered in
hospitals or institutions licensed under the Hospital Licensing Act shall
be exempt from the requirements of Sections 312, 315.6, and 316, except
that the
prescription for the controlled substance shall be in writing on the
patient's record, signed by the prescriber, and dated, and shall state the
name and quantity of controlled substances ordered and the quantity
actually administered. The records of such prescriptions shall be
maintained for two years and shall be available for inspection by officers
and employees of the Illinois State Police and the Department of Financial and
Professional Regulation. The exemption under this subsection (a) does not apply to a prescription (including an outpatient prescription from an emergency department or outpatient clinic) for more than a 72-hour supply of a discharge medication to be consumed outside of the hospital or institution.
(b) Controlled substances that can lawfully be administered or dispensed
directly to a patient in a long-term care facility licensed by the Department
of Public Health as a skilled nursing facility, intermediate care facility, or
long-term care facility for residents under 22 years of age, are exempt from
the requirements of Section 312 except that a prescription
for a
Schedule II controlled substance must be either a prescription signed
by the prescriber or a prescription transmitted by the prescriber or
prescriber's agent to the dispensing pharmacy by facsimile. The
facsimile serves as the original prescription and must be maintained for 2
years from the date of issue in the same manner as a written prescription
signed by the prescriber.
(c) A prescription that is generated for a Schedule II controlled substance
to be compounded for direct administration to a patient in a private
residence, long-term care facility, or hospice program
may be transmitted by
facsimile by the prescriber or the prescriber's agent to the pharmacy providing
the home infusion services. The facsimile serves as the original
prescription for purposes of this paragraph (c) and it shall be maintained in
the same manner as the original prescription.
(c-1) A prescription generated for a Schedule II controlled substance for a
patient residing in a hospice certified by Medicare under Title XVIII of the
Social Security Act or
licensed by the State may be transmitted by the practitioner or the
practitioner's
agent to the dispensing pharmacy by facsimile or electronically as provided in Section 311.5. The practitioner or
practitioner's
agent must note on the prescription that the patient is a hospice patient. The
facsimile or electronic record serves as the original prescription for purposes of this
paragraph (c-1) and it shall be maintained in the same manner as the original
prescription.
(d) Controlled substances which are lawfully administered
and/or dispensed
in drug abuse treatment programs licensed by the Department shall be exempt
from the requirements of Sections 312 and 316, except that the
prescription
for such controlled substances shall be issued and authenticated
on official prescription logs prepared and maintained in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. The Department-licensed drug treatment program shall report applicable prescriptions via electronic record keeping software approved by the Department. This software must be compatible with the specifications of the Department. Drug abuse treatment programs shall report to the Department methadone prescriptions or medications dispensed through the use of Department-approved File Transfer Protocols (FTPs). Methadone prescription records must be maintained in accordance with the applicable requirements as set forth by the Department in accordance with 77 Ill. Adm. Code 2060: Alcoholism and Substance Abuse Treatment and Intervention Licenses, and in compliance with other applicable State and federal laws. (e) Nothing in this Act shall be construed to limit the authority of a hospital pursuant to Section 65-45 of the Nurse Practice Act to grant hospital clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within a hospital. Nothing in this Act shall be construed to limit the authority of an ambulatory surgical treatment center pursuant to Section 65-45 of the Nurse Practice Act to grant ambulatory surgical treatment center clinical privileges to an individual advanced practice registered nurse to select, order or administer medications, including controlled substances to provide services within an ambulatory surgical treatment center.
(Source: P.A. 102-608, eff. 8-27-21.)
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