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Back to HB 5148
Illinois General Assembly· HB 5148Governor Approved

CONT SUB-PMP-SCHEDULE II&IV, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Illinois General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
HB5148 Enrolled                     LRB104 17903 RLC 31339 b

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 314.5 as follows:

6   (720 ILCS 570/314.5)

7   Sec. 314.5. Medication shopping; pharmacy shopping.

8   (a) It shall be unlawful for any person knowingly or

9 intentionally to fraudulently obtain or fraudulently seek to

10 obtain any controlled substance or prescription for a

11 controlled substance from a prescriber or dispenser while

12 being supplied with any controlled substance or prescription

13 for a controlled substance by another prescriber or dispenser,

14 without disclosing the fact of the existing controlled

15 substance or prescription for a controlled substance to the

16 prescriber or dispenser from whom the subsequent controlled

17 substance or prescription for a controlled substance is

18 sought.

19  (b) It shall be unlawful for a person knowingly or

20 intentionally to fraudulently obtain or fraudulently seek to

21 obtain any controlled substance from a pharmacy while being

22 supplied with any controlled substance by another pharmacy,

23 without disclosing the fact of the existing controlled
   HB5148 Enrolled      -2-  LRB104 17903 RLC 31339 b

1 substance to the pharmacy from which the subsequent controlled

2 substance is sought.

3  (c) A person may be in violation of Section 3.23 of the

4 Illinois Food, Drug and Cosmetic Act or Section 406 of this Act

5 when medication shopping or pharmacy shopping, or both.

6  (c-5) Each Effective January 1, 2018, each prescriber

7 possessing an Illinois controlled substances license shall

8 register with the Prescription Monitoring Program. A

9 prescriber is not subject to criminal liability or

10 professional discipline for failure to register with the

11 Prescription Monitoring Program due to technological or

12 electrical failures or operational issues that prevent

13 registration. Notwithstanding any provision of this Act to the

14 contrary, beginning on and after the effective date of this

15 amendatory Act of the 101st General Assembly, a licensed

16 veterinarian shall be exempt from registration and prohibited

17 from accessing patient information in the Prescription

18 Monitoring Program. Licensed veterinarians that are existing

19 registrants shall be removed from the Prescription Monitoring

20 Program. Each prescriber or the prescriber's his or her

21 designee shall also document an attempt to access patient

22 information in the Prescription Monitoring Program to assess

23 patient access to controlled substances when providing an

24 initial prescription for any stimulant substances listed in

25 Schedule II and all prescriptions an initial prescription for

26 Schedule II opioids and Schedule IV benzodiazepine, narcotics
    HB5148 Enrolled              -3-  LRB104 17903 RLC 31339 b

1 such as opioids, except for prescriptions for oncology

2 treatment or palliative care, or a 7-day or less supply

3 provided by a hospital emergency department when treating a an

4 acute, traumatic medical condition. This attempt to access

5 shall be documented in the patient's medical record. The

6 hospital shall facilitate the designation of a prescriber's

7 designee for the purpose of accessing the Prescription

8 Monitoring Program for services provided at the hospital.

9   (d) When a person has been identified as having 5 or more

10 prescribers or 5 or more pharmacies, or both, that do not

11 utilize a common electronic file as specified in Section 20 of

12 the Pharmacy Practice Act for controlled substances within the

13 course of a 6-month period, the Prescription Monitoring

14 Program may issue an unsolicited report to the prescribers,

15 dispensers, and their designees informing them of the

16 potential medication shopping. If an unsolicited report is

17 issued to a prescriber or prescribers, then the report must

18 also be sent to the applicable dispensing pharmacy.

19  (e) Nothing in this Section shall be construed to create a

20 requirement that any prescriber, dispenser, or pharmacist

21 request any patient medication disclosure, report any patient

22 activity, or prescribe or refuse to prescribe or dispense any

23 medications.

24  (f) This Section shall not be construed to apply to

25 inpatients or residents at hospitals or other institutions or

26 to institutional pharmacies.
   HB5148 Enrolled  -4-  LRB104 17903 RLC 31339 b

1  (g) Any patient feedback, including grades, ratings, or

2 written or verbal statements, in opposition to a clinical

3 decision that the prescription of a controlled substance is

4 not medically necessary shall not be the basis of any adverse

5 action, evaluation, or any other type of negative

6 credentialing, contracting, licensure, or employment action

7 taken against a prescriber or dispenser.

8 (Source: P.A. 101-414, eff. 8-16-19; 102-527, eff. 8-20-21.)
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