Full Text of HB3355 102nd General Assembly
HB3355enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Controlled Substances Act is | 5 | | amended by changing Section 313 and by adding Section 315.6 as | 6 | | follows:
| 7 | | (720 ILCS 570/313) (from Ch. 56 1/2, par. 1313)
| 8 | | Sec. 313. (a) Controlled substances which are lawfully | 9 | | administered in
hospitals or institutions licensed under the | 10 | | Hospital Licensing Act shall
be exempt from the requirements | 11 | | of Sections 312 , 315.6, and 316, except
that the
prescription | 12 | | for the controlled substance shall be in writing on the
| 13 | | patient's record, signed by the prescriber, and dated, and | 14 | | shall state the
name and quantity of controlled substances | 15 | | ordered and the quantity
actually administered. The records of | 16 | | such prescriptions shall be
maintained for two years and shall | 17 | | be available for inspection by officers
and employees of the | 18 | | Illinois State Police and the Department of Financial and
| 19 | | Professional Regulation. | 20 | | The exemption under this subsection (a) does not apply to | 21 | | a prescription (including an outpatient prescription from an | 22 | | emergency department or outpatient clinic) for more than a | 23 | | 72-hour supply of a discharge medication to be consumed |
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| 1 | | outside of the hospital or institution.
| 2 | | (b) Controlled substances that can lawfully be | 3 | | administered or dispensed
directly to a patient in a long-term | 4 | | care facility licensed by the Department
of Public Health as a | 5 | | skilled nursing facility, intermediate care facility, or
| 6 | | long-term care facility for residents under 22 years of age, | 7 | | are exempt from
the requirements of Section 312 except that a | 8 | | prescription
for a
Schedule II controlled substance must be | 9 | | either a prescription signed
by the prescriber or a | 10 | | prescription transmitted by the prescriber or
prescriber's | 11 | | agent to the dispensing pharmacy by facsimile. The
facsimile | 12 | | serves as the original prescription and must be maintained for | 13 | | 2
years from the date of issue in the same manner as a written | 14 | | prescription
signed by the prescriber.
| 15 | | (c) A prescription that is generated for a Schedule II | 16 | | controlled substance
to be compounded for direct | 17 | | administration to a patient in a private
residence, long-term | 18 | | care facility, or hospice program
may be transmitted by
| 19 | | facsimile by the prescriber or the prescriber's agent to the | 20 | | pharmacy providing
the home infusion services. The facsimile | 21 | | serves as the original
prescription for purposes of this | 22 | | paragraph (c) and it shall be maintained in
the same manner as | 23 | | the original prescription.
| 24 | | (c-1) A prescription generated for a Schedule II | 25 | | controlled substance for a
patient residing in a hospice | 26 | | certified by Medicare under Title XVIII of the
Social Security |
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| 1 | | Act or
licensed by the State may be transmitted by the | 2 | | practitioner or the
practitioner's
agent to the dispensing | 3 | | pharmacy by facsimile or electronically as provided in Section | 4 | | 311.5. The practitioner or
practitioner's
agent must note on | 5 | | the prescription that the patient is a hospice patient. The
| 6 | | facsimile or electronic record serves as the original | 7 | | prescription for purposes of this
paragraph (c-1) and it shall | 8 | | be maintained in the same manner as the original
prescription.
| 9 | | (d) Controlled substances which are lawfully administered
| 10 | | and/or dispensed
in drug abuse treatment programs licensed by | 11 | | the Department shall be exempt
from the requirements of | 12 | | Sections 312 and 316, except that the
prescription
for such | 13 | | controlled substances shall be issued and authenticated
on | 14 | | official prescription logs prepared and maintained in | 15 | | accordance with 77 Ill. Adm. Code 2060: Alcoholism and | 16 | | Substance Abuse Treatment and Intervention Licenses, and in | 17 | | compliance with other applicable State and federal laws. The | 18 | | Department-licensed drug treatment program shall report | 19 | | applicable prescriptions via electronic record keeping | 20 | | software approved by the Department. This software must be | 21 | | compatible with the specifications of the Department. Drug | 22 | | abuse treatment programs shall report to the Department | 23 | | methadone prescriptions or medications dispensed through the | 24 | | use of Department-approved File Transfer Protocols (FTPs). | 25 | | Methadone prescription records must be maintained in | 26 | | accordance with the applicable requirements as set forth by |
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| 1 | | the Department in accordance with 77 Ill. Adm. Code 2060: | 2 | | Alcoholism and Substance Abuse Treatment and Intervention | 3 | | Licenses, and in compliance with other applicable State and | 4 | | federal laws. | 5 | | (e) Nothing in this Act shall be construed to limit the | 6 | | authority of a hospital pursuant to Section 65-45 of the Nurse | 7 | | Practice Act to grant hospital clinical privileges to an | 8 | | individual advanced practice registered nurse to select, order | 9 | | or administer medications, including controlled substances to | 10 | | provide services within a hospital. Nothing in this Act shall | 11 | | be construed to limit the authority of an ambulatory surgical | 12 | | treatment center pursuant to Section 65-45 of the Nurse | 13 | | Practice Act to grant ambulatory surgical treatment center | 14 | | clinical privileges to an individual advanced practice | 15 | | registered nurse to select, order or administer medications, | 16 | | including controlled substances to provide services within an | 17 | | ambulatory surgical treatment center.
| 18 | | (Source: P.A. 100-513, eff. 1-1-18 .)
| 19 | | (720 ILCS 570/315.6 new) | 20 | | Sec. 315.6. Risks of dependence on opioids. | 21 | | (a) Definitions. As used in this Section: | 22 | | (1) "Opioid" means a narcotic drug or substance that | 23 | | is a Schedule II controlled substance under paragraph (1), | 24 | | (2), (3), or (5) of subsection (b) or under subsection (c) | 25 | | of Section 206 of this Act. |
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| 1 | | (2) "Department" means the Department of Human | 2 | | Services. | 3 | | (b) The Department shall develop and make available on its | 4 | | website information on the risks of developing a physical or | 5 | | psychological dependence on opioids and any alternative | 6 | | treatments, including the Opioid Alternative Pilot Program. | 7 | | (c) The Department shall develop and make available upon | 8 | | request to all prescribers, pharmacists, and patients in the | 9 | | State a pamphlet which explains the risks of developing a | 10 | | physical or psychological dependence on opioids. This pamphlet | 11 | | may contain any information which the Secretary of the | 12 | | Department deems necessary and may be revised by the | 13 | | Department whenever new information becomes available. The | 14 | | pamphlet shall be downloadable from the Department's website. | 15 | | (d) A pharmacist shall, prior to dispensing an opioid that | 16 | | is a Schedule II controlled substance, furnish the pamphlet or | 17 | | information therein developed by the Department and discuss | 18 | | the risks of developing a physical or psychological dependence | 19 | | on opioids.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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