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.