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Public Act 102-0608


 

Public Act 0608 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0608
 
HB3355 EnrolledLRB102 16962 RLC 22380 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Controlled Substances Act is
amended by changing Section 313 and by adding Section 315.6 as
follows:
 
    (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. 100-513, eff. 1-1-18.)
 
    (720 ILCS 570/315.6 new)
    Sec. 315.6. Risks of dependence on opioids.
    (a) Definitions. As used in this Section:
        (1) "Opioid" means a narcotic drug or substance that
    is a Schedule II controlled substance under paragraph (1),
    (2), (3), or (5) of subsection (b) or under subsection (c)
    of Section 206 of this Act.
        (2) "Department" means the Department of Human
    Services.
    (b) The Department shall develop and make available on its
website information on the risks of developing a physical or
psychological dependence on opioids and any alternative
treatments, including the Opioid Alternative Pilot Program.
    (c) The Department shall develop and make available upon
request to all prescribers, pharmacists, and patients in the
State a pamphlet which explains the risks of developing a
physical or psychological dependence on opioids. This pamphlet
may contain any information which the Secretary of the
Department deems necessary and may be revised by the
Department whenever new information becomes available. The
pamphlet shall be downloadable from the Department's website.
    (d) A pharmacist shall, prior to dispensing an opioid that
is a Schedule II controlled substance, furnish the pamphlet or
information therein developed by the Department and discuss
the risks of developing a physical or psychological dependence
on opioids.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/27/2021