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Illinois General Assembly· SB 3213Governor Approved

ELECTRONIC PRESCRIPTIONS, the official text

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SB3213 Enrolled                     LRB104 18996 RLC 32441 b

1   AN ACT concerning electronic prescriptions.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Pharmacy Practice Act is amended by

5 changing Section 19 as follows:

6   (225 ILCS 85/19) (from Ch. 111, par. 4139)

7   (Section scheduled to be repealed on January 1, 2028)

8   Sec. 19. Nothing contained in this Act shall be construed

9 to prohibit a pharmacist licensed in this State from filling

10 or refilling a valid prescription for prescription drugs which

11 is on file in a pharmacy licensed in any state and has been

12 transferred from one pharmacy to another by any means,

13 including by way of electronic data processing equipment upon

14 the following conditions and exceptions:

15  (1) Prior to dispensing pursuant to any such

16  prescription, the dispensing pharmacist shall:

17  (a) Advise the patient that the prescription on

18  file at such other pharmacy must be canceled before he

19  or she will be able to fill or refill it.

20  (b) Determine that the prescription is valid and

21  on file at such other pharmacy and that such

22  prescription may be filled or refilled, as requested,

23  in accordance with the prescriber's intent expressed
    SB3213 Enrolled  -2-      LRB104 18996 RLC 32441 b

1   on such prescription.

2   (c) Notify the pharmacy where the prescription is

3   on file that the prescription must be canceled.

4   (d) Record in writing or electronically the

5   prescription order, the name of the pharmacy at which

6   the prescription was on file, the prescription number,

7   the name of the drug and the original amount

8   dispensed, the date of original dispensing, and the

9   number of remaining authorized refills.

10  (e) Obtain the consent of the prescriber to the

11  refilling of the prescription when the prescription,

12  in the professional judgment of the dispensing

13  pharmacist, so requires.

14  (2) Upon receipt of a request for prescription

15  information set forth in subparagraph (d) of paragraph (1)

16  of this Section, if the requested pharmacist is satisfied

17  in his professional judgment that such request is valid

18  and legal, the requested pharmacist shall:

19  (a) Provide such information accurately and

20  completely.

21  (b) Record electronically or, if in writing, on

22  the face of the prescription, the name of the

23  requesting pharmacy and pharmacist and the date of

24  request.

25  (c) Cancel the prescription on file by writing the

26  word "void" on its face or the electronic equivalent,
    SB3213 Enrolled  -3-                LRB104 18996 RLC 32441 b

1   if not in written format. No further prescription

2   information shall be given or medication dispensed

3   pursuant to such original prescription.

4   (3) In the event that, after the information set forth

5   in subparagraph (d) of paragraph (1) of this Section has

6   been provided, a prescription is not dispensed by the

7   requesting pharmacist, then such pharmacist shall provide

8   notice of this fact to the pharmacy from which such

9   information was obtained; such notice shall then cancel

10  the prescription in the same manner as set forth in

11  subparagraph (c) of paragraph (2) of this Section.

12  (4) When filling or refilling a valid prescription on

13  file in another state, the dispensing pharmacist shall be

14  required to follow all the requirements of Illinois law

15  which apply to the dispensing of prescription drugs. If

16  anything in Illinois law prevents the filling or refilling

17  of the original prescription it shall be unlawful to

18  dispense pursuant to this Section.

19  (5) Prescriptions for drugs in Schedules II, III, IV,

20  and V of the Illinois Controlled Substances Act may be

21  transferred only once and may not be further transferred,

22  consistent with 21 CFR 1306. However, pharmacies

23  electronically sharing a real-time, online database may

24  transfer up to the maximum refills permitted by the law

25  and the prescriber's authorization.

26  (6) Upon a patient's request, a pharmacy must transfer
    SB3213 Enrolled       -4-            LRB104 18996 RLC 32441 b

1   the prescription to another pharmacy, including Schedule

2   II controlled substances, if the prescription has been

3   received but not yet filled. However, the transfer is not

4   required if:

5   (a) the prescriber prohibits transfer in writing

6   on the prescription and documents a clinical reason

7   prohibiting transfer on the prescription; or

8   (b) the transfer is otherwise prohibited by

9   federal law.

10  Transfers may occur electronically or by facsimile

11  when permitted by federal law, and a licensed pharmacy

12  technician may perform the transfer if delegated by a

13  pharmacist.

14 (Source: P.A. 100-497, eff. 9-8-17.)

15  Section 10. The Illinois Controlled Substances Act is

16 amended by changing Section 311.6 as follows:

17  (720 ILCS 570/311.6)

18  Sec. 311.6. Prescriptions for substance classified in

19 Schedule II, III, IV, or V sent electronically; exceptions.

20  (a) Notwithstanding any other provision of law, a

21 prescription for a substance classified in Schedule II, III,

22 IV, or V must be sent electronically, in accordance with

23 Section 316. Prescriptions sent in accordance with this

24 subsection (a) must be accepted by the dispenser in electronic
    SB3213 Enrolled          -5-   LRB104 18996 RLC 32441 b

1 format.

2   (b) Beginning on January 1, 2024 (the effective date of

3 Public Act 103-425) until December 31, 2028, notwithstanding

4 any other provision of this Section or any other provision of

5 law, a prescriber shall not be required to issue prescriptions

6 electronically if he or she certifies to the Department of

7 Financial and Professional Regulation that he or she will not

8 issue more than 150 prescriptions during a 12-month period.

9 Prescriptions in both oral and written form for controlled

10 substances shall be included in determining whether the

11 prescriber will reach the limit of 150 prescriptions.

12 Beginning January 1, 2029, notwithstanding any other provision

13 of this Section or any other provision of law, a prescriber

14 shall not be required to issue prescriptions electronically if

15 he or she certifies to the Department of Financial and

16 Professional Regulation that he or she will not issue more

17 than 50 prescriptions during a 12-month period. Prescriptions

18 in both oral and written form for controlled substances shall

19 be included in determining whether the prescriber will reach

20 the limit of 50 prescriptions.

21  (b-5) Notwithstanding any other provision of this Section

22 or any other provision of law, a prescriber shall not be

23 required to issue prescriptions electronically under the

24 following circumstances:

25         (1) prior to January 1, 2026, the prescriber

26  demonstrates financial difficulties in buying or managing
    SB3213 Enrolled       -6-  LRB104 18996 RLC 32441 b

1   an electronic prescription option, whether it is an

2   electronic health record or some other electronic

3   prescribing product;

4   (2) on and after January 1, 2026, the prescriber

5   provides proof of a waiver from the Centers for Medicare

6   and Medicaid Services for the Electronic Prescribing for

7   Controlled Substances Program due to demonstrated economic

8   hardship for the previous compliance year;

9   (3) there is a temporary technological or electrical

10  failure that prevents an electronic prescription from

11  being issued;

12  (4) the prescription is for a drug that the

13  practitioner reasonably determines would be impractical

14  for the patient to obtain in a timely manner if prescribed

15  by an electronic data transmission prescription and the

16  delay would adversely impact the patient's medical

17  condition;

18  (4.5) prescriptions issued prior to January 1, 2028

19  that may need to be filled outside of typical retail

20  pharmacy operating hours;

21  (4.6) prescriptions issued prior to January 1, 2028

22  that may be difficult to obtain because the prescriber

23  knows of drug shortages or pharmacy inventory limitations;

24  (5) the prescription is for an individual who:

25  (A) resides in a nursing or assisted living

26  facility;
    SB3213 Enrolled     -7-         LRB104 18996 RLC 32441 b

1   (B) is receiving hospice or palliative care;

2   (C) is receiving care at an outpatient renal

3   dialysis facility and the prescription is related to

4   the care provided;

5   (D) is receiving care through the United States

6   Department of Veterans Affairs; or

7   (E) is incarcerated in a state, detained, or

8   confined in a correctional facility;

9   (6) the prescription prescribes a drug under a

10  research protocol;

11  (7) the prescription is a non-patient specific

12  prescription dispensed under a standing order, approved

13  protocol for drug therapy, collaborative drug management,

14  or comprehensive medication management, or in response to

15  a public health emergency or other circumstance in which

16  the practitioner may issue a non-patient specific

17  prescription;

18  (8) the prescription is issued when the prescriber and

19  dispenser are the same entity;

20  (9) the prescription is issued for a compound

21  prescription containing 2 or more compounds; or

22  (10) the prescription is issued by a licensed

23  veterinarian within 7 years after November 17, 2023 (the

24  effective date of Public Act 103-563).

25  (c) The Department of Financial and Professional

26 Regulation may adopt rules for the administration of this
    SB3213 Enrolled  -8-              LRB104 18996 RLC 32441 b

1 Section to the requirements under this Section that the

2 Department of Financial and Professional Regulation may deem

3 appropriate.

4   (d) Any prescriber who makes a good faith effort to

5 prescribe electronically, but for reasons not within the

6 prescriber's control is unable to prescribe electronically,

7 may be exempt from any disciplinary action.

8   (e) Any pharmacist who dispenses in good faith based upon

9 a valid prescription that is not prescribed electronically may

10 be exempt from any disciplinary action. A pharmacist is not

11 required to ensure or responsible for ensuring the

12 prescriber's compliance under subsection (b), nor may any

13 other entity or organization require a pharmacist to ensure

14 the prescriber's compliance with that subsection. A pharmacist

15 may not refuse to fill a valid prescription solely because it

16 is not prescribed electronically.

17  (f) It shall be a violation of this Section for any

18 prescriber or dispenser to adopt a policy contrary to this

19 Section.

20  (g) A compliance action with respect to this Section

21 initiated by the Department of Financial and Professional

22 Regulation prior to December 31, 2030 is limited to a

23 non-disciplinary warning letter or citation, unless the

24 prescriber or dispenser fails to abide by the initial

25 non-disciplinary warning letter or citation, has acted in bad

26 faith, or a pattern of practice in violation of this Section
SB3213 Enrolled  -9-  LRB104 18996 RLC 32441 b

1 occurs.
2 (Source: P.A. 103-425, eff. 1-1-24; 103-563, eff. 11-17-23;
3 103-732, eff. 8-2-24; 104-424, eff. 8-15-25.)
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