102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3578

 

Introduced 2/22/2021, by Rep. Deb Conroy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 570/315.7 new

    Amends the Illinois Controlled Substances Act. Provides that a prescriber shall prescribe 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 if 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, 2022.


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A BILL FOR

 

HB3578LRB102 12604 KMF 17942 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.
8    (a) Notwithstanding any provision of law to the contrary,
9a prescriber shall:
10        (1) Prescribe naloxone hydrochloride or another drug
11    approved by the United States Food and Drug Administration
12    for the complete or partial reversal of opioid depression
13    to a patient when the patient presents with an increased
14    risk for overdose, including a patient with a history of
15    overdose, a patient with a history of substance use
16    disorder, or a patient at risk for returning to a high dose
17    of opioid medication to which the patient is no longer
18    tolerant.
19        (2) Consistent with the existing standard of care,
20    provide education to patients receiving a prescription
21    under paragraph (1) of this subsection (a) on overdose
22    prevention and the use of naloxone hydrochloride or
23    another drug approved by the United States Food and Drug

 

 

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1    Administration for the complete or partial reversal of
2    opioid depression.
3        (3) Consistent with the existing standard of care,
4    provide education on overdose prevention and the use of
5    naloxone hydrochloride or another drug approved by the
6    United States Food and Drug Administration for the
7    complete or partial reversal of opioid depression to one
8    or more persons designated by the patient, or, for a
9    patient who is a minor, to the minor's parent or guardian.
10    (b) This Section does not apply to a prescriber when
11prescribing to an inmate or youth under the jurisdiction of
12the Department of Corrections or the Department of Juvenile
13Justice.
14    (c) A prescriber who does not comply with subsection (a)
15is subject to administrative sanctions under the appropriate
16licensing board. This Section does not create a private right
17of action against a prescriber and does not limit a
18prescriber's liability for the negligent failure to diagnose
19or treat a patient.
 
20    Section 99. Effective date. This Act takes effect January
211, 2022.