Bill Text: IL HB4198 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-01-14 - Referred to Rules Committee [HB4198 Detail]

Download: Illinois-2025-HB4198-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4198 Introduced , 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.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Pharmacy Practice Act is amended by
changing Section 43 as follows:
(225 ILCS 85/43)
(Section scheduled to be repealed on January 1, 2028)
Sec. 43. Dispensation of hormonal contraceptives,
including emergency contraception.
(a) The dispensing of hormonal contraceptives, including
emergency contraception, to a patient shall be pursuant to a
valid prescription, or pursuant to a standing order by a
physician licensed to practice medicine in all its branches, a
standing order by the medical director of a local health
department, or a standing order by the Department of Public
Health pursuant to the following:
(1) a pharmacist may dispense no more than a 12-month
supply of hormonal contraceptives, including emergency
contraception, to a patient;
(2) a pharmacist must complete an educational training
program accredited by the Accreditation Council for
Pharmacy Education and approved by the Department that is
related to the patient self-screening risk assessment,

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patient assessment contraceptive counseling and education,
and dispensation of hormonal contraceptives, including
emergency contraception;
(3) a pharmacist shall have the patient complete the
self-screening risk assessment tool; the self-screening
risk assessment tool is to be based on the most current
version of the United States Medical Eligibility Criteria
for Contraceptive Use published by the federal Centers for
Disease Control and Prevention;
(4) based upon the results of the self-screening risk
assessment and the patient assessment, the pharmacist
shall use his or her professional and clinical judgment as
to when a patient should be referred to the patient's
physician or another health care provider;
(5) a pharmacist shall provide, during the patient
assessment and consultation, counseling and education
about all methods of contraception, including methods not
covered under the standing order, and their proper use and
effectiveness;
(6) the patient consultation shall take place in a
private manner; and
(7) a pharmacist and pharmacy must maintain
appropriate records.
(a-5) If contraceptives, including emergency
contraception, are dispensed or delivered to an adult
individual on behalf of a minor, a pharmacist shall require

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positive identification of the adult individual if the
individual is not known to the pharmacist or pharmacy
employees. The requirement under this subsection (a-5) 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.
(b) The Department may adopt rules to implement this
Section.
(c) Nothing in this Section shall be interpreted to
require a pharmacist to dispense hormonal contraception,
including emergency contraception, under a standing order
issued by a physician licensed to practice medicine in all its
branches or the medical director of a local health department.
(d) Notwithstanding any other provision of the law to the
contrary, a pharmacist may dispense hormonal contraceptives,
including emergency contraception, in conformance with
standing orders issued pursuant to this Section without prior
establishment of a relationship between the pharmacist and the
person receiving hormonal contraception.
(e) No employee of the Department of Public Health issuing
a standing order pursuant to this Section shall, as a result of
the employee's acts or omissions in issuing the standing order
pursuant to this Section, be subject to (i) any disciplinary
or other adverse action under the Medical Practice Act of
1987, (ii) any civil liability, or (iii) any criminal

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liability.
(Source: P.A. 102-103, eff. 1-1-22; 102-813, eff. 5-13-22;
102-1117, eff. 1-13-23.)