95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0691


 
Introduced 2/6/2007, by Rep. Karen May
 
SYNOPSIS AS INTRODUCED:
 		













410 ILCS 620/3.23 new










    Amends the Illinois Food, Drug and Cosmetic Act. Provides that licensed prescribers may not knowingly prescribe medications for a patient via the Internet, World Wide Web, telephone, facsimile, or any other electronic means unless (1)  the patient has been physically examined by the prescriber or has been given a documented patient evaluation, including health history and a physical examination, to establish the diagnosis for which any legend drug is prescribed; (2)  the prescriber and the patient have discussed treatment options and the risks and benefits of treatment; and (3)  the prescriber has maintained the patient's medical records.  Provides that these provisions shall not be construed to prohibit patient care in certain circumstances or to prevent the electronic distribution of a prescription to a pharmacy. Provides that a person convicted of violating these provisions is guilty of a business offense and shall be fined not less than $1,000 for the first violation and not less than $2,000 for a second or subsequent violation. Requires a  person convicted of violating this Section to be reported to the Division of Professional Regulation of the Department of Financial and Professional Regulation for appropriate licensing board review.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0691

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    AN ACT concerning public health.

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


 
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    Section 5. The Illinois Food, Drug and Cosmetic Act is 
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amended  by adding Section 3.23 as follows:
 
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    (410 ILCS 620/3.23  new)
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    Sec. 3.23. Prohibition on Internet prescribing.
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    (a)  In this Section:
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    "Licensed prescribers" means physicians licensed to 
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practice medicine in all its branches, licensed podiatrists, 
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therapeutically-certified optometrists, licensed dentists, 
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licensed physician assistants who have been delegated 
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prescriptive authority by a supervising physician, and 
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licensed advanced practice registered nurses who have a written 
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collaborative agreement with a collaborating physician that 
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authorizes prescriptive authority.

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    (b) Licensed prescribers may not knowingly prescribe 
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medications for a patient via the Internet, World Wide Web, 
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telephone, facsimile, or any other electronic means unless the 
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following elements have been met:
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        (1)  the patient has been physically examined by the 
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    prescriber or has been given a documented patient 
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    evaluation, including health history and a physical 
 


 






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    examination, to establish the diagnosis for which any 
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    legend drug is prescribed;
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        (2)  the prescriber and the patient have discussed 
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    treatment options and the risks and benefits of treatment; 
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    and
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        (3)  the prescriber has maintained the patient's 
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    medical records.

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    (c)  The provisions of subdivision (1) of subsection (b) of 
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this Section are not applicable in an emergency situation.  For 
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purposes of this Section, an emergency situation means those 
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situations in which the prescriber determines that the 
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immediate administration of the medication is necessary for the 
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proper treatment  of the patient and it is not reasonably 
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possible for the prescriber to comply with the provisions of 
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this Section prior to providing such prescription.
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    (d)  The provisions of subdivision (1) of subsection (b) of 
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this Section shall not be construed to prohibit patient care in 
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the following circumstances:

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        (1)  in consultation with another health care 
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    professional who has an ongoing relationship with the 
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    patient and who has agreed to supervise the patient's 
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    treatment, including the use of any prescribed 
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    medications;
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        (2)  on-call or cross-coverage situations in which a 
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    prescriber provides care for another prescriber's 
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    patients;
 


 






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        (3)  admission orders for a newly hospitalized patient;
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        (4)  orders for patients in long-term care facilities or 
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    hospitals recommended by registered professional nurses; 
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    and
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        (5)  continuing medications on a short-term basis for a 
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    new patient prior to the first appointment.

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    (e)  Nothing in this Section shall be construed to prevent 
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the electronic distribution of a prescription to a pharmacy.
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    (f)  A person convicted of violating this Section is guilty 
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of a business offense and shall be fined not less than $1,000 
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for the first violation and not less than $2,000 for a second 
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or subsequent violation.

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    (g) A person convicted of violating this Section must be 
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reported to the Division of Professional Regulation of the 
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Department of Financial and Professional Regulation for 
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appropriate licensing board review.