Illinois General Assembly - Full Text of HB4198

LRB104 14071 AAS 27203 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4198

Introduced 1/14/2026, by Rep. Amy L. Grant

SYNOPSIS AS INTRODUCED:

225 ILCS 85/43

Amends the Pharmacy Practice Act. In provisions concerning the dispensation of contraceptives, changes the contraceptives dispensed to contraceptives, including emergency contraception (rather than hormonal contraceptives). Provides that, if contraceptives, including emergency contraception, are dispensed or delivered to an adult individual on behalf of a minor, a pharmacist shall require positive identification of the adult individual if the individual is not known to the pharmacist or pharmacy employees. Provides that the amendatory provisions shall not apply if positive identification is not available and a pharmacist exercising professional judgment determines that a delay in dispensing the contraceptives may be detrimental to a patient.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Pharmacy Practice Act is amended by changing Section 43 as follows:

(225 ILCS 85/43)

(Section scheduled to be repealed on January 1, 2028)

Sec. 43. Dispensation of hormonal contraceptives, including emergency contraception.

(a) The dispensing of hormonal contraceptives, including emergency contraception, to a patient shall be pursuant to a valid prescription, or pursuant to a standing order by a physician licensed to practice medicine in all its branches, a standing order by the medical director of a local health department, or a standing order by the Department of Public Health pursuant to the following:

(1) a pharmacist may dispense no more than a 12-month supply of hormonal contraceptives, including emergency contraception, to a patient;

(2) a pharmacist must complete an educational training program accredited by the Accreditation Council for Pharmacy Education and approved by the Department that is related to the patient self-screening risk assessment, patient assessment contraceptive counseling and education, and dispensation of hormonal contraceptives, including emergency contraception;

(3) a pharmacist shall have the patient complete the self-screening risk assessment tool; the self-screening risk assessment tool is to be based on the most current version of the United States Medical Eligibility Criteria for Contraceptive Use published by the federal Centers for Disease Control and Prevention;

(4) based upon the results of the self-screening risk assessment and the patient assessment, the pharmacist shall use his or her professional and clinical judgment as to when a patient should be referred to the patient's physician or another health care provider;

(5) a pharmacist shall provide, during the patient assessment and consultation, counseling and education about all methods of contraception, including methods not covered under the standing order, and their proper use and effectiveness;

(6) the patient consultation shall take place in a private manner; and

(7) a pharmacist and pharmacy must maintain appropriate records.

(a-5) If contraceptives, including emergency contraception, are dispensed or delivered to an adult individual on behalf of a minor, a pharmacist shall require positive identification of the adult individual if the individual is not known to the pharmacist or pharmacy employees. The requirement under this subsection (a-5) shall not apply if positive identification is not available and a pharmacist exercising professional judgment determines that a delay in dispensing the contraceptives may be detrimental to a patient.

(b) The Department may adopt rules to implement this Section.

(c) Nothing in this Section shall be interpreted to require a pharmacist to dispense hormonal contraception, including emergency contraception, under a standing order issued by a physician licensed to practice medicine in all its branches or the medical director of a local health department.

(d) Notwithstanding any other provision of the law to the contrary, a pharmacist may dispense hormonal contraceptives, including emergency contraception, in conformance with standing orders issued pursuant to this Section without prior establishment of a relationship between the pharmacist and the person receiving hormonal contraception.

(e) No employee of the Department of Public Health issuing a standing order pursuant to this Section shall, as a result of the employee's acts or omissions in issuing the standing order pursuant to this Section, be subject to (i) any disciplinary or other adverse action under the Medical Practice Act of 1987, (ii) any civil liability, or (iii) any criminal liability.

(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1117, eff. 1-13-23.)