101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2638
 
Introduced , by Rep. Marcus C. Evans, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 570/315.7 new

     Amends the Illinois Controlled Substances Act. Provides that a prescriber shall offer a prescription for naloxone hydrochloride or another drug approved by the United States Food and Drug Administration for the complete or partial reversal of opioid depression to a patient when one or more of the following conditions are present: (1) the prescription dosage for the patient is 90 or more morphine milligram equivalents of an opioid medication per day; (2) an opioid medication is prescribed concurrently with a prescription for benzodiazepine; (3) the patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder, or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant. Provides other requirements and exemptions. Makes other changes. Effective January 1, 2020.
  


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A BILL FOR
 

  
HB2638LRB101 08658 SLF 53742 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Controlled Substances Act is 
5amended  by adding Section 315.7 as follows:
 
6    (720 ILCS 570/315.7 new)
7    Sec. 315.7. Prescriber requirements; opioid depression.
8    (a) Notwithstanding any provision of law to the contrary, a 
9prescriber shall: 
10        (1) Offer a prescription for naloxone hydrochloride or 
11    another drug approved by the United States Food and Drug 
12    Administration for the complete or partial reversal of 
13    opioid depression to a patient when one or more of the 
14    following conditions are present: 
15            (A) The prescription dosage for the patient is 90 
16        or more morphine milligram equivalents of an opioid 
17        medication per day. 
18            (B) An opioid medication is prescribed 
19        concurrently with a prescription for benzodiazepine. 
20            (C) The patient presents with an increased risk for 
21        overdose, including a patient with a history of 
22        overdose, a patient with a history of substance use 
23        disorder, or a patient at risk for returning to a high 
 
 
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1        dose of opioid medication to which the patient is no 
2        longer tolerant. 
3        (2) Consistent with the existing standard of care, 
4    provide education to patients receiving a prescription 
5    under paragraph (1) of this subsection (a) on overdose 
6    prevention and the use of naloxone hydrochloride or another 
7    drug approved by the United States Food and Drug 
8    Administration for the complete or partial reversal of 
9    opioid depression. 
10        (3) Consistent with the existing standard of care, 
11    provide education on overdose prevention and the use of 
12    naloxone hydrochloride or another drug approved by the 
13    United States Food and Drug Administration for the complete 
14    or partial reversal of opioid depression to one or more 
15    persons designated by the patient, or, for a patient who is 
16    a minor, to the minor's parent or guardian. 
17    (b) This Section does not apply to a  prescriber when 
18prescribing to an inmate or youth under the jurisdiction of the 
19Department of Corrections or the Department of Juvenile 
20Justice. 
21    (c) A prescriber who does not comply with subsection (a) is 
22subject to administrative sanctions under the appropriate 
23licensing board. This Section does not create a private right 
24of action against a prescriber and does not limit a 
25prescriber's liability for the negligent failure to diagnose or 
26treat a patient. 
 
 
 
 
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1    Section 99. Effective date. This Act takes effect January 
21, 2020.