SB 3323

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Full Text of SB3323
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	SB3323 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3323
Introduced 2/3/2026, by Sen. Adriane Johnson
SYNOPSIS AS INTRODUCED:
720 ILCS 570/316
720 ILCS 570/316.2 new
Amends the Illinois Controlled Substances Act. Provides that the Prescription Monitoring Program does not apply to testosterone, mifepristone, misoprostol, GnRH analogues, or estrogen. Provides that the Department of Human Services shall purge from the records of the Prescription Monitoring Program all existing information concerning the prescribing or dispensing of testosterone, including any such information contained in the central repository or database, on or before January 1, 2027, and shall ensure that no further records concerning the prescribing and dispensing of testosterone are created or maintained by the Prescription Monitoring Program. Provides that the Department shall update and adopt rules consistent with the provision no later than January 1, 2027. Effective immediately.
LRB104 19137 RLC 32582 b
A BILL FOR
		SB3323		LRB104 19137 RLC 32582 b
1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Controlled Substances Act is
5amended by changing Section 316 and by adding Section 316.2 as
6follows:
7    (720 ILCS 570/316)
8    Sec. 316. Prescription Monitoring Program.
9    (a) The Department must provide for a Prescription
10Monitoring Program for Schedule II, III, IV, and V controlled
11substances, except testosterone, that includes the following
12components and requirements:
13        (1) The dispenser must transmit to the central
14    repository, in a form and manner specified by the
15    Department, the following information:
16            (A) The recipient's name and address.
17            (B) The recipient's date of birth and gender.
18            (C) The national drug code number of the
19        controlled substance dispensed.
20            (D) (Blank).
21            (E) The quantity of the controlled substance
22        dispensed and days supply.
23            (F) The dispenser's United States Drug Enforcement
		SB3323	- 2 -	LRB104 19137 RLC 32582 b
1        Administration registration number.
2            (G) The prescriber's United States Drug
3        Enforcement Administration registration number.
4            (H) The dates the controlled substance
5        prescription is filled.
6            (I) The payment type used to purchase the
7        controlled substance (i.e. Medicaid, cash, third party
8        insurance).
9            (J) The patient location code (i.e. home, nursing
10        home, outpatient, etc.) for the controlled substances
11        other than those filled at a retail pharmacy.
12            (K) Any additional information that may be
13        required by the department by administrative rule,
14        including but not limited to information required for
15        compliance with the criteria for electronic reporting
16        of the American Society for Automation and Pharmacy or
17        its successor.
18        (2) The information required to be transmitted under
19    this Section must be transmitted not later than the end of
20    the business day on which a controlled substance is
21    dispensed, or at such other time as may be required by the
22    Department by administrative rule.
23        (3) A dispenser must transmit electronically, as
24    provided by Department rule, the information required to
25    be transmitted under this Section.
26        (3.5) The requirements of paragraphs (1), (2), and (3)
		SB3323	- 3 -	LRB104 19137 RLC 32582 b
1    of this subsection also apply to opioid treatment programs
2    that are licensed or certified by the Department of Human
3    Services' Division of Substance Use Prevention and
4    Recovery and are authorized by the federal Drug
5    Enforcement Administration to prescribe Schedule II, III,
6    IV, or V controlled substances for the treatment of opioid
7    use disorders. Opioid treatment programs shall attempt to
8    obtain written patient consent, shall document attempts to
9    obtain the written consent, and shall not transmit
10    information without patient consent. Documentation
11    obtained under this paragraph shall not be utilized for
12    law enforcement purposes, as proscribed under 42 CFR 2, as
13    amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
14    not be conditioned upon his or her written consent.
15        (4) The Department may impose a civil fine of up to
16    $100 per day for willful failure to report controlled
17    substance dispensing to the Prescription Monitoring
18    Program. The fine shall be calculated on no more than the
19    number of days from the time the report was required to be
20    made until the time the problem was resolved, and shall be
21    payable to the Prescription Monitoring Program.
22    (a-5) Notwithstanding subsection (a), a licensed
23veterinarian is exempt from the reporting requirements of this
24Section. If a person who is presenting an animal for treatment
25is suspected of fraudulently obtaining any controlled
26substance or prescription for a controlled substance, the
		SB3323	- 4 -	LRB104 19137 RLC 32582 b
1licensed veterinarian shall report that information to the
2local law enforcement agency.
3    (b) The Department, by rule, may include in the
4Prescription Monitoring Program certain other select drugs
5that are not included in Schedule II, III, IV, or V. The
6Prescription Monitoring Program does not apply to
7testosterone, mifepristone, misoprostol, GnRH analogues, 
8estrogen, or controlled substance prescriptions as exempted
9under Section 313.
10    (c) The collection of data on select drugs and scheduled
11substances by the Prescription Monitoring Program may be used
12as a tool for addressing oversight requirements of long-term
13care institutions as set forth by Public Act 96-1372.
14Long-term care pharmacies shall transmit patient medication
15profiles to the Prescription Monitoring Program monthly or
16more frequently as established by administrative rule.
17    (d) The Department of Human Services shall appoint a
18full-time Clinical Director of the Prescription Monitoring
19Program.
20    (e) (Blank).
21    (f) It is the responsibility of any new, ceased, or
22unconnected healthcare facility and its selected Electronic
23Health Records System or Pharmacy Management System to make
24contact with and ensure integration with the Prescription
25Monitoring Program. As soon as practicable after the effective
26date of this amendatory Act of the 103rd General Assembly, the
		SB3323	- 5 -	LRB104 19137 RLC 32582 b
1Department shall adopt rules requiring Electronic Health
2Records Systems and Pharmacy Management Systems to interface,
3by January 1, 2024, with the Prescription Monitoring Program
4to ensure that providers have access to specific patient
5records during the treatment of their patients. The Department
6shall identify actions to be taken if a prescriber's
7Electronic Health Records System and Pharmacy Management
8Systems does not effectively interface with the Prescription
9Monitoring Program once the Prescription Monitoring Program is
10aware of the non-integrated connection.
11    (g) The Department, in consultation with the Prescription
12Monitoring Program Advisory Committee, shall adopt rules
13allowing licensed prescribers or pharmacists who have
14registered to access the Prescription Monitoring Program to
15authorize a licensed or non-licensed designee employed in that
16licensed prescriber's office or a licensed designee in a
17licensed pharmacist's pharmacy who has received training in
18the federal Health Insurance Portability and Accountability
19Act and 42 CFR 2 to consult the Prescription Monitoring
20Program on their behalf. The rules shall include reasonable
21parameters concerning a practitioner's authority to authorize
22a designee, and the eligibility of a person to be selected as a
23designee. In this subsection (g), "pharmacist" shall include a
24clinical pharmacist employed by and designated by a Medicaid
25Managed Care Organization providing services under Article V
26of the Illinois Public Aid Code under a contract with the
		SB3323	- 6 -	LRB104 19137 RLC 32582 b
1Department of Healthcare and Family Services for the sole
2purpose of clinical review of services provided to persons
3covered by the entity under the contract to determine
4compliance with subsections (a) and (b) of Section 314.5 of
5this Act. A managed care entity pharmacist shall notify
6prescribers of review activities.
7(Source: P.A. 102-527, eff. 8-20-21; 102-813, eff. 5-13-22;
8103-477, eff. 8-4-23.)
9    (720 ILCS 570/316.2 new)
10    Sec. 316.2. Information concerning testosterone. The 
11Department shall purge from the records of the Prescription 
12Monitoring Program, as established by Section 316 of this Act, 
13all existing information concerning the prescribing or 
14dispensing of testosterone, including any such information 
15contained in the central repository or database created under 
16Section 317 of this Act, on or before January 1, 2027, and 
17shall ensure that no further records concerning the 
18prescribing and dispensing of testosterone are created or 
19maintained by the Prescription Monitoring Program. The 
20Department shall update and adopt rules consistent with this 
21Section no later than January 1, 2027.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.