HB 4198

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Full Text of HB4198
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	HB4198 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4198
Introduced 1/14/2026, by Rep. Amy L. Grant
SYNOPSIS AS INTRODUCED:
225 ILCS 85/43
Amends the Pharmacy Practice Act. In provisions concerning the dispensation of contraceptives, changes the contraceptives dispensed to contraceptives, including emergency contraception (rather than hormonal contraceptives). Provides that, if contraceptives, including emergency contraception, are dispensed or delivered to an adult individual on behalf of a minor, a pharmacist shall require positive identification of the adult individual if the individual is not known to the pharmacist or pharmacy employees. Provides that the amendatory provisions shall not apply if positive identification is not available and a pharmacist exercising professional judgment determines that a delay in dispensing the contraceptives may be detrimental to a patient.
LRB104 14071 AAS 27203 b
A BILL FOR
		HB4198		LRB104 14071 AAS 27203 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Pharmacy Practice Act is amended by
5changing Section 43 as follows:
6    (225 ILCS 85/43)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 43. Dispensation of [hormonal] contraceptives, 
9including emergency contraception.
10    (a) The dispensing of [hormonal] contraceptives, including 
11emergency contraception, to a patient shall be pursuant to a
12valid prescription, or pursuant to a standing order by a
13physician licensed to practice medicine in all its branches, a
14standing order by the medical director of a local health
15department, or a standing order by the Department of Public
16Health pursuant to the following:
17        (1) a pharmacist may dispense no more than a 12-month
18    supply of [hormonal] contraceptives, including emergency 
19    contraception, to a patient;
20        (2) a pharmacist must complete an educational training
21    program accredited by the Accreditation Council for
22    Pharmacy Education and approved by the Department that is
23    related to the patient self-screening risk assessment,
		HB4198	- 2 -	LRB104 14071 AAS 27203 b
1    patient assessment contraceptive counseling and education,
2    and dispensation of [hormonal] contraceptives, including 
3    emergency contraception;
4        (3) a pharmacist shall have the patient complete the
5    self-screening risk assessment tool; the self-screening
6    risk assessment tool is to be based on the most current
7    version of the United States Medical Eligibility Criteria
8    for Contraceptive Use published by the federal Centers for
9    Disease Control and Prevention;
10        (4) based upon the results of the self-screening risk
11    assessment and the patient assessment, the pharmacist
12    shall use his or her professional and clinical judgment as
13    to when a patient should be referred to the patient's
14    physician or another health care provider;
15        (5) a pharmacist shall provide, during the patient
16    assessment and consultation, counseling and education
17    about all methods of contraception, including methods not
18    covered under the standing order, and their proper use and
19    effectiveness;
20        (6) the patient consultation shall take place in a
21    private manner; and
22        (7) a pharmacist and pharmacy must maintain
23    appropriate records.
24    (a-5) If contraceptives, including emergency 
25contraception, are dispensed or delivered to an adult 
26individual on behalf of a minor, a pharmacist shall require 
		HB4198	- 3 -	LRB104 14071 AAS 27203 b
1positive identification of the adult individual if the 
2individual is not known to the pharmacist or pharmacy 
3employees. The requirement under this subsection (a-5) shall 
4not apply if positive identification is not available and a 
5pharmacist exercising professional judgment determines that a 
6delay in dispensing the contraceptives may be detrimental to a 
7patient.
8    (b) The Department may adopt rules to implement this
9Section.
10    (c) Nothing in this Section shall be interpreted to
11require a pharmacist to dispense [hormonal] contraception, 
12including emergency contraception, under a standing order
13issued by a physician licensed to practice medicine in all its
14branches or the medical director of a local health department.
15    (d) Notwithstanding any other provision of the law to the
16contrary, a pharmacist may dispense [hormonal] contraceptives, 
17including emergency contraception, in conformance with
18standing orders issued pursuant to this Section without prior
19establishment of a relationship between the pharmacist and the
20person receiving [hormonal] contraception.
21    (e) No employee of the Department of Public Health issuing
22a standing order pursuant to this Section shall, as a result of
23the employee's acts or omissions in issuing the standing order
24pursuant to this Section, be subject to (i) any disciplinary
25or other adverse action under the Medical Practice Act of
261987, (ii) any civil liability, or (iii) any criminal
		HB4198	- 4 -	LRB104 14071 AAS 27203 b
1liability.
2(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;
3102-1117, eff. 1-13-23.)