SB 3213

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Full Text of SB3213
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	SB3213 - 104th General Assembly
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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,
3represented in the General Assembly:
4    Section 5. The Pharmacy Practice Act is amended by
5changing 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7    (Section scheduled to be repealed on January 1, 2028)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
9to prohibit a pharmacist licensed in this State from filling
10or refilling a valid prescription for prescription drugs which
11is on file in a pharmacy licensed in any state and has been
12transferred from one pharmacy to another by any means,
13including by way of electronic data processing equipment upon
14the 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
16amended by changing Section 311.6 as follows:
17    (720 ILCS 570/311.6)
18    Sec. 311.6. Prescriptions for substance classified in
19Schedule II, III, IV, or V sent electronically; exceptions.
20    (a) Notwithstanding any other provision of law, a
21prescription for a substance classified in Schedule II, III,
22IV, or V must be sent electronically, in accordance with
23Section 316. Prescriptions sent in accordance with this
24subsection (a) must be accepted by the dispenser in electronic
		SB3213 Enrolled	- 5 -	LRB104 18996 RLC 32441 b
1format.
2    (b) Beginning on January 1, 2024 (the effective date of
3Public Act 103-425) until December 31, 2028, notwithstanding
4any other provision of this Section or any other provision of
5law, a prescriber shall not be required to issue prescriptions
6electronically if he or she certifies to the Department of
7Financial and Professional Regulation that he or she will not
8issue more than 150 prescriptions during a 12-month period.
9Prescriptions in both oral and written form for controlled
10substances shall be included in determining whether the
11prescriber will reach the limit of 150 prescriptions.
12Beginning January 1, 2029, notwithstanding any other provision
13of this Section or any other provision of law, a prescriber
14shall not be required to issue prescriptions electronically if
15he or she certifies to the Department of Financial and
16Professional Regulation that he or she will not issue more
17than 50 prescriptions during a 12-month period. Prescriptions
18in both oral and written form for controlled substances shall
19be included in determining whether the prescriber will reach
20the limit of 50 prescriptions.
21    (b-5) Notwithstanding any other provision of this Section
22or any other provision of law, a prescriber shall not be
23required to issue prescriptions electronically under the
24following 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
26Regulation may adopt rules for the administration of this
		SB3213 Enrolled	- 8 -	LRB104 18996 RLC 32441 b
1Section to the requirements under this Section that the
2Department of Financial and Professional Regulation may deem
3appropriate.
4    (d) Any prescriber who makes a good faith effort to
5prescribe electronically, but for reasons not within the
6prescriber's control is unable to prescribe electronically,
7may be exempt from any disciplinary action.
8    (e) Any pharmacist who dispenses in good faith based upon
9a valid prescription that is not prescribed electronically may
10be exempt from any disciplinary action. A pharmacist is not
11required to ensure or responsible for ensuring the
12prescriber's compliance under subsection (b), nor may any
13other entity or organization require a pharmacist to ensure
14the prescriber's compliance with that subsection. A pharmacist
15may not refuse to fill a valid prescription solely because it
16is not prescribed electronically.
17    (f) It shall be a violation of this Section for any
18prescriber or dispenser to adopt a policy contrary to this
19Section.
20    (g) A compliance action with respect to this Section
21initiated by the Department of Financial and Professional
22Regulation prior to December 31, 2030 is limited to a
23non-disciplinary warning letter or citation, unless the
24prescriber or dispenser fails to abide by the initial
25non-disciplinary warning letter or citation, has acted in bad
26faith, or a pattern of practice in violation of this Section
		SB3213 Enrolled	- 9 -	LRB104 18996 RLC 32441 b
1occurs.
2(Source: P.A. 103-425, eff. 1-1-24; 103-563, eff. 11-17-23;
3103-732, eff. 8-2-24; 104-424, eff. 8-15-25.)