Illinois General Assembly - Full Text of HB4874
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4874  103rd General Assembly



HB4874 EnrolledLRB103 37508 RLC 69489 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 changing Section 311.6 as follows:
6    (720 ILCS 570/311.6)
7    Sec. 311.6. Opioid prescriptions.
8    (a) Notwithstanding any other provision of law, a
9prescription for a substance classified in Schedule II, III,
10IV, or V must be sent electronically, in accordance with
11Section 316. Prescriptions sent in accordance with this
12subsection (a) must be accepted by the dispenser in electronic
14    (b) Beginning on the effective date of this amendatory Act
15of the 103rd General Assembly until December 31, 2028,
16notwithstanding any other provision of this Section or any
17other provision of law, a prescriber shall not be required to
18issue prescriptions electronically if he or she certifies to
19the Department of Financial and Professional Regulation that
20he or she will not issue more than 150 prescriptions during a
2112-month period. Prescriptions in both oral and written form
22for controlled substances shall be included in determining
23whether the prescriber will reach the limit of 150



HB4874 Enrolled- 2 -LRB103 37508 RLC 69489 b

1prescriptions. Beginning January 1, 2029, notwithstanding any
2other provision of this Section or any other provision of law,
3a prescriber shall not be required to issue prescriptions
4electronically if he or she certifies to the Department of
5Financial and Professional Regulation that he or she will not
6issue more than 50 prescriptions during a 12-month period.
7Prescriptions in both oral and written form for controlled
8substances shall be included in determining whether the
9prescriber will reach the limit of 50 prescriptions.
10    (b-5) Notwithstanding any other provision of this Section
11or any other provision of law, a prescriber shall not be
12required to issue prescriptions electronically under the
13following circumstances:
14        (1) prior to January 1, 2026, the prescriber
15    demonstrates financial difficulties in buying or managing
16    an electronic prescription option, whether it is an
17    electronic health record or some other electronic
18    prescribing product;
19        (2) on and after January 1, 2026, the prescriber
20    provides proof of a waiver from the Centers for Medicare
21    and Medicaid Services for the Electronic Prescribing for
22    Controlled Substances Program due to demonstrated economic
23    hardship for the previous compliance year;
24        (3) there is a temporary technological or electrical
25    failure that prevents an electronic prescription from
26    being issued;



HB4874 Enrolled- 3 -LRB103 37508 RLC 69489 b

1        (4) the prescription is for a drug that the
2    practitioner reasonably determines would be impractical
3    for the patient to obtain in a timely manner if prescribed
4    by an electronic data transmission prescription and the
5    delay would adversely impact the patient's medical
6    condition;
7        (5) the prescription is for an individual who:
8            (A) resides in a nursing or assisted living
9        facility;
10            (B) is receiving hospice or palliative care;
11            (C) is receiving care at an outpatient renal
12        dialysis facility and the prescription is related to
13        the care provided;
14            (D) is receiving care through the United States
15        Department of Veterans Affairs; or
16            (E) is incarcerated in a state, detained, or
17        confined in a correctional facility;
18        (6) the prescription prescribes a drug under a
19    research protocol;
20        (7) the prescription is a non-patient specific
21    prescription dispensed under a standing order, approved
22    protocol for drug therapy, collaborative drug management,
23    or comprehensive medication management, or in response to
24    a public health emergency or other circumstance in which
25    the practitioner may issue a non-patient specific
26    prescription;



HB4874 Enrolled- 4 -LRB103 37508 RLC 69489 b

1        (8) the prescription is issued when the prescriber and
2    dispenser are the same entity;
3        (9) the prescription is issued for a compound
4    prescription containing 2 or more compounds; or
5        (10) the prescription is issued by a licensed
6    veterinarian within 2 years after the effective date of
7    this amendatory Act of the 103rd General Assembly.
8    (c) The Department of Financial and Professional
9Regulation may adopt rules for the administration of this
10Section to the requirements under this Section that the
11Department of Financial and Professional Regulation may deem
13    (d) Any prescriber who makes a good faith effort to
14prescribe electronically, but for reasons not within the
15prescriber's control is unable to prescribe electronically,
16may be exempt from any disciplinary action.
17    (e) Any pharmacist who dispenses in good faith based upon
18a valid prescription that is not prescribed electronically may
19be exempt from any disciplinary action. A pharmacist is not
20required to ensure or responsible for ensuring the
21prescriber's compliance under subsection (b), nor may any
22other entity or organization require a pharmacist to ensure
23the prescriber's compliance with that subsection. A pharmacist
24may not refuse to fill a valid prescription solely because it
25is not prescribed electronically.
26    (f) It shall be a violation of this Section for any



HB4874 Enrolled- 5 -LRB103 37508 RLC 69489 b

1prescriber or dispenser to adopt a policy contrary to this
3    (g) A compliance action with respect to this Section
4initiated by the Department of Financial and Professional
5Regulation prior to December 31, 2030 is limited to a
6non-disciplinary warning letter or citation, unless the
7prescriber or dispenser fails to abide by the initial
8non-disciplinary warning letter or citation, has acted in bad
9faith, or a pattern of practice in violation of this Section
11(Source: P.A. 102-490, eff. 1-1-24 (See Section 55 of P.A.
12102-1109 for effective date of P.A. 102-490); 103-425, eff.
131-1-24; 103-563, eff. 11-17-23.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.