Bill Text: IL SB3213 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Pharmacy Practice Act. Provides that prescriptions for drugs in Schedules II, III, IV, and V (rather than Schedules III, IV, and V controlled substances) of the Illinois Controlled Substances Act may be transferred only once and may not be further transferred, consistent with federal regulations concerning the prescription, administering, and dispensing of controlled substances. Provides that upon a patient's request, a pharmacy must transfer the prescription to another pharmacy, including Schedule II controlled substances, if the prescription has been received but not yet filled. Provides that the transfer is not required if: (1) the prescriber prohibits transfer in writing on the prescription and documents a clinical reason prohibiting transfer on the prescription; or (2) the transfer is otherwise prohibited by federal law. Provides that transfers may occur electronically or by facsimile when permitted by federal law, and a licensed pharmacy technician may perform the transfer if delegated by a pharmacist. Amends the Illinois Controlled Substances Act. Provides that a prescriber shall not be required to issue prescriptions electronically: (1) prescriptions issued prior to January 1, 2028 that may need to be filled outside of typical retail pharmacy operating hours; or (2) prescriptions issued prior to January 1, 2028 that may be difficult to obtain because the prescriber knows of drug shortages or pharmacy inventory limitations.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Enrolled) 2026-05-31 - Passed Both Houses [SB3213 Detail]

Download: Illinois-2025-SB3213-Enrolled.html

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AN ACT concerning electronic prescriptions.
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 19 as follows:
(225 ILCS 85/19) (from Ch. 111, par. 4139)
(Section scheduled to be repealed on January 1, 2028)
Sec. 19. Nothing contained in this Act shall be construed
to prohibit a pharmacist licensed in this State from filling
or refilling a valid prescription for prescription drugs which
is on file in a pharmacy licensed in any state and has been
transferred from one pharmacy to another by any means,
including by way of electronic data processing equipment upon
the following conditions and exceptions:
(1) Prior to dispensing pursuant to any such
prescription, the dispensing pharmacist shall:
(a) Advise the patient that the prescription on
file at such other pharmacy must be canceled before he
or she will be able to fill or refill it.
(b) Determine that the prescription is valid and
on file at such other pharmacy and that such
prescription may be filled or refilled, as requested,
in accordance with the prescriber's intent expressed

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on such prescription.
(c) Notify the pharmacy where the prescription is
on file that the prescription must be canceled.
(d) Record in writing or electronically the
prescription order, the name of the pharmacy at which
the prescription was on file, the prescription number,
the name of the drug and the original amount
dispensed, the date of original dispensing, and the
number of remaining authorized refills.
(e) Obtain the consent of the prescriber to the
refilling of the prescription when the prescription,
in the professional judgment of the dispensing
pharmacist, so requires.
(2) Upon receipt of a request for prescription
information set forth in subparagraph (d) of paragraph (1)
of this Section, if the requested pharmacist is satisfied
in his professional judgment that such request is valid
and legal, the requested pharmacist shall:
(a) Provide such information accurately and
completely.
(b) Record electronically or, if in writing, on
the face of the prescription, the name of the
requesting pharmacy and pharmacist and the date of
request.
(c) Cancel the prescription on file by writing the
word "void" on its face or the electronic equivalent,

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if not in written format. No further prescription
information shall be given or medication dispensed
pursuant to such original prescription.
(3) In the event that, after the information set forth
in subparagraph (d) of paragraph (1) of this Section has
been provided, a prescription is not dispensed by the
requesting pharmacist, then such pharmacist shall provide
notice of this fact to the pharmacy from which such
information was obtained; such notice shall then cancel
the prescription in the same manner as set forth in
subparagraph (c) of paragraph (2) of this Section.
(4) When filling or refilling a valid prescription on
file in another state, the dispensing pharmacist shall be
required to follow all the requirements of Illinois law
which apply to the dispensing of prescription drugs. If
anything in Illinois law prevents the filling or refilling
of the original prescription it shall be unlawful to
dispense pursuant to this Section.
(5) Prescriptions for drugs in Schedules II, III, IV,
and V of the Illinois Controlled Substances Act may be
transferred only once and may not be further transferred,
consistent with 21 CFR 1306. However, pharmacies
electronically sharing a real-time, online database may
transfer up to the maximum refills permitted by the law
and the prescriber's authorization.
(6) Upon a patient's request, a pharmacy must transfer

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the prescription to another pharmacy, including Schedule
II controlled substances, if the prescription has been
received but not yet filled. However, the transfer is not
required if:
(a) the prescriber prohibits transfer in writing
on the prescription and documents a clinical reason
prohibiting transfer on the prescription; or
(b) the transfer is otherwise prohibited by
federal law.
Transfers may occur electronically or by facsimile
when permitted by federal law, and a licensed pharmacy
technician may perform the transfer if delegated by a
pharmacist.
(Source: P.A. 100-497, eff. 9-8-17.)
Section 10. The Illinois Controlled Substances Act is
amended by changing Section 311.6 as follows:
(720 ILCS 570/311.6)
Sec. 311.6. Prescriptions for substance classified in
Schedule II, III, IV, or V sent electronically; exceptions.
(a) Notwithstanding any other provision of law, a
prescription for a substance classified in Schedule II, III,
IV, or V must be sent electronically, in accordance with
Section 316. Prescriptions sent in accordance with this
subsection (a) must be accepted by the dispenser in electronic

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format.
(b) Beginning on January 1, 2024 (the effective date of
Public Act 103-425) until December 31, 2028, notwithstanding
any other provision of this Section or any other provision of
law, a prescriber shall not be required to issue prescriptions
electronically if he or she certifies to the Department of
Financial and Professional Regulation that he or she will not
issue more than 150 prescriptions during a 12-month period.
Prescriptions in both oral and written form for controlled
substances shall be included in determining whether the
prescriber will reach the limit of 150 prescriptions.
Beginning January 1, 2029, notwithstanding any other provision
of this Section or any other provision of law, a prescriber
shall not be required to issue prescriptions electronically if
he or she certifies to the Department of Financial and
Professional Regulation that he or she will not issue more
than 50 prescriptions during a 12-month period. Prescriptions
in both oral and written form for controlled substances shall
be included in determining whether the prescriber will reach
the limit of 50 prescriptions.
(b-5) Notwithstanding any other provision of this Section
or any other provision of law, a prescriber shall not be
required to issue prescriptions electronically under the
following circumstances:
(1) prior to January 1, 2026, the prescriber
demonstrates financial difficulties in buying or managing

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an electronic prescription option, whether it is an
electronic health record or some other electronic
prescribing product;
(2) on and after January 1, 2026, the prescriber
provides proof of a waiver from the Centers for Medicare
and Medicaid Services for the Electronic Prescribing for
Controlled Substances Program due to demonstrated economic
hardship for the previous compliance year;
(3) there is a temporary technological or electrical
failure that prevents an electronic prescription from
being issued;
(4) the prescription is for a drug that the
practitioner reasonably determines would be impractical
for the patient to obtain in a timely manner if prescribed
by an electronic data transmission prescription and the
delay would adversely impact the patient's medical
condition;
(4.5) prescriptions issued prior to January 1, 2028
that may need to be filled outside of typical retail
pharmacy operating hours;
(4.6) prescriptions issued prior to January 1, 2028
that may be difficult to obtain because the prescriber
knows of drug shortages or pharmacy inventory limitations;
(5) the prescription is for an individual who:
(A) resides in a nursing or assisted living
facility;

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(B) is receiving hospice or palliative care;
(C) is receiving care at an outpatient renal
dialysis facility and the prescription is related to
the care provided;
(D) is receiving care through the United States
Department of Veterans Affairs; or
(E) is incarcerated in a state, detained, or
confined in a correctional facility;
(6) the prescription prescribes a drug under a
research protocol;
(7) the prescription is a non-patient specific
prescription dispensed under a standing order, approved
protocol for drug therapy, collaborative drug management,
or comprehensive medication management, or in response to
a public health emergency or other circumstance in which
the practitioner may issue a non-patient specific
prescription;
(8) the prescription is issued when the prescriber and
dispenser are the same entity;
(9) the prescription is issued for a compound
prescription containing 2 or more compounds; or
(10) the prescription is issued by a licensed
veterinarian within 7 years after November 17, 2023 (the
effective date of Public Act 103-563).
(c) The Department of Financial and Professional
Regulation may adopt rules for the administration of this

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Section to the requirements under this Section that the
Department of Financial and Professional Regulation may deem
appropriate.
(d) Any prescriber who makes a good faith effort to
prescribe electronically, but for reasons not within the
prescriber's control is unable to prescribe electronically,
may be exempt from any disciplinary action.
(e) Any pharmacist who dispenses in good faith based upon
a valid prescription that is not prescribed electronically may
be exempt from any disciplinary action. A pharmacist is not
required to ensure or responsible for ensuring the
prescriber's compliance under subsection (b), nor may any
other entity or organization require a pharmacist to ensure
the prescriber's compliance with that subsection. A pharmacist
may not refuse to fill a valid prescription solely because it
is not prescribed electronically.
(f) It shall be a violation of this Section for any
prescriber or dispenser to adopt a policy contrary to this
Section.
(g) A compliance action with respect to this Section
initiated by the Department of Financial and Professional
Regulation prior to December 31, 2030 is limited to a
non-disciplinary warning letter or citation, unless the
prescriber or dispenser fails to abide by the initial
non-disciplinary warning letter or citation, has acted in bad
faith, or a pattern of practice in violation of this Section

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