Text of IL HB 4834 (2026)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4834 Introduced , by Rep. Kelly M. Cassidy 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 19323 RLC 32769 b A BILL FOR HB4834LRB104 19323 RLC 32769 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 HB4834- 2 -LRB104 19323 RLC 32769 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) HB4834- 3 -LRB104 19323 RLC 32769 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 HB4834- 4 -LRB104 19323 RLC 32769 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 HB4834- 5 -LRB104 19323 RLC 32769 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 HB4834- 6 -LRB104 19323 RLC 32769 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.

HB4834 EnrolledLRB104 19323 RLC 32769 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 HB4834 Enrolled- 2 -LRB104 19323 RLC 32769 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) HB4834 Enrolled- 3 -LRB104 19323 RLC 32769 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 HB4834 Enrolled- 4 -LRB104 19323 RLC 32769 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 HB4834 Enrolled- 5 -LRB104 19323 RLC 32769 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 HB4834 Enrolled- 6 -LRB104 19323 RLC 32769 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.