SB 2535

Abstract

Amends the Illinois Controlled Substances Act. Provides that a prescriber shall offer a prescription for naloxone hydrochloride, or another similar drug approved by the Food and Drug Administration, under specified circumstances. Provides for educational information to be provided concerning overdose prevention and the use of naloxone hydrochloride. Provides that a prescriber who does not comply with specified requirements shall be subject to administrative sanctions under the appropriate licensing board. Specifies that the provisions do not create a private right of action against a prescriber, and do not limit a prescriber's liability for the negligent failure to diagnose or treat a patient. Provides that these provisions do apply to a patient receiving hospice care in accordance with the Hospice Program Licensing Act. Contains a purpose provision. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 720 ILCS 570/322 new Adds reference to: 225 ILCS 85/19.1 720 ILCS 570/312 from Ch. 56 1/2, par. 1312 720 ILCS 570/313 from Ch. 56 1/2, par. 1313 Replaces everything after the enacting clause. Amends the Pharmacy Practice Act. In a provision regarding dispensing opioid antagonists, provides that notwithstanding any general or special law to the contrary, a licensed pharmacist shall (rather than may) dispense an opioid antagonist in accordance with written, standardized procedures or protocols developed by the Department of Financial and Professional Regulation with the Department of Public Health and the Department of Human Services and filed at the pharmacy. Provides that before dispensing an opioid a pharmacist shall inform patients that opioids are addictive and offer to dispense an opioid antagonist. Deletes language concerning a training program approved by the Department of Human Services for pharmacists to complete before dispensing an opioid. Amends the Illinois Controlled Substances Act. Provides that prescribers who issue a prescription for an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that in a hospital or institution licensed under the Hospital Licensing Act, all prescribers of an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that upon discharge any patient who has overdosed on controlled substances shall be provided with an opioid antagonist. Provides that if the patient is not able to pay for the opioid antagonist, then the State of Illinois shall reimburse the hospital for the opioid antagonist from federal grant funds to address substance use disorder or other State funds for the same purpose. Adds an effective date provision of January 1, 2022. Senate Floor Amendment No. 3 Changes the effective date of the bill from January 1, 2022 to January 1, 2023. Senate Floor Amendment No. 4 Provides that in a hospital or institution licensed under the Hospital Licensing Act, all prescribers of an opioid shall inform the patient that opioids are addictive and that opioid antagonists are available by prescription or from a pharmacy. Provides that upon discharge, any patient who has overdosed on controlled substances shall be provided with an opioid antagonist in accordance with written, standardized procedures or protocols developed by the Department of Financial and Professional Regulation with the Department of Human Services and the Department of Public Health and filed at the pharmacy before implementation and are available to the Department of Human Services upon request. Defines "opioid antagonist". Senate Floor Amendment No. 5 Deletes reference to: 720 ILCS 570/313 Deletes provisions of the bill, as amended by Senate Amendment No. 2, that relate to prescriptions of opioids in hospitals or institutions licensed under the Hospital Licensing Act and requirements for providing opioid antagonists to patients who are being discharged after having overdosed on controlled substances.