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SB 3213

ELECTRONIC PRESCRIPTIONS

104th Regular Session Introduced by Chris Balkema and 7 co-sponsors

Illinois narrows transfer of Schedule II prescriptions to one-time transfer, requires e-prescribing for most controlled substances, and adds waivers to allow non-electronic prescri

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Bill Summary · SB 3213

Summary of SB3213 (104th Illinois General Assembly)

Date Introduced: February 2, 2026
Sponsor: Sen. Steve McClure (Co-sponsors: Sen. Jason Plummer, Rep. Kelly Cassidy)
Jurisdiction: Illinois

Effective Date: Takes effect upon becoming law.

Status: As introduced, SB3213 is aligned with changes to the Pharmacy Practice Act and the Illinois Controlled Substances Act. It has moved through various committees and readings in 2026.

1) Purpose and Intent

  • To modify rules governing electronic prescriptions (e-prescribing) in Illinois, with an emphasis on controlled substances and cross-state prescribing.
  • To limit the transferability of prescriptions for Schedule II drugs and related controlled substances and to clarify transfer rules consistent with federal regulation.
  • To provide exemptions from mandatory electronic prescribing under certain circumstances, particularly when e-prescribing would be impractical or unavailable due to hours, shortages, or other barriers.

2) Key Provisions and Changes

A. Transferability of Prescriptions for Schedule II Drugs (Illinois Pharmacy Practice Act)

  • Prescriptions for drugs in Schedule II of the Illinois Controlled Substances Act may be transferred only once and may not be transferred again, consistent with federal regulations (21 CFR 1306).
  • When a prescription is transferred, the receiving (dispensing) pharmacist must follow a defined process:
    • Inform the patient that the original prescription must be canceled at the current pharmacy before transfer can be filled.
    • Verify the prescription’s validity and that it may be refilled as requested.
    • Notify the originating pharmacy to cancel the original prescription.
    • Record details (prescription order, originating pharmacy, prescription number, drug name, original quantity dispensed, date of original dispensing, remaining refills).
    • Obtain prescriber consent to any refilling when required.
  • Upon receiving a request for prescription information from another pharmacist, the requesting pharmacist must:
    • Ensure the request is valid and legal.
    • Provide accurate information and record the request (pharmacy and pharmacist name, date).
    • Cancel the original prescription if appropriate (mark as void if in written format).
    • If the prescription is not dispensed after information is provided, notify the originating pharmacy and cancel the prescription similarly.

B. Interstate Prescribing and State Law Compliance

  • When filling or refilling a valid prescription on file in another state, Illinois law and requirements apply; if Illinois law would prevent dispensing, it shall be unlawful to dispense under this section.

C. Electronic Prescriptions in Illinois Controlled Substances

  • Schedule II–V drug prescriptions must be sent electronically and accepted in electronic format by the dispenser (consistent with existing electronic prescribing expectations).

D. E-Prescribing Waivers and Exceptions (B-5)

  • Temporary exemptions from mandatory e-prescribing under several circumstances, including:
    • Financial hardship or inability to acquire electronic prescribing tools (before 2026 and afterwards)
    • CMS waiver for economic hardship related to e-prescribing (post-2026)
    • Temporary technological or electrical failure
    • Practical difficulties for patients in obtaining electronic prescriptions (e.g., out-of-hours, shortages, inventory limitations)
    • Certain patient populations or settings (nursing/assisted living, hospice/palliative care, outpatient renal dialysis, Veterans Affairs care, incarceration)
    • Prescriptions issued under a research protocol, standing orders, collaborative drug management, public health emergencies, or non-patient-specific prescriptions
    • Prescriptions issued when the prescriber and dispenser are the same entity
    • Compound prescriptions or veterinary prescriptions (with specific timing limitations)
  • Effective compliance protections:
    • Good-faith efforts to prescribe electronically may avoid disciplinary action.
    • Pharmacists dispensing non-electronically prescribed valid prescriptions may avoid disciplinary action.
    • Pharmacists are not required to ensure a prescriber’s compliance with e-prescribing mandates.
    • Prohibition on penalties for pharmacists refusing to fill non-electronically prescribed valid prescriptions solely on that basis.

E. Departmental Authority and Compliance

  • The Illinois Department of Financial and Professional Regulation (DFPR) may adopt rules to administer these provisions.
  • Non-disciplinary warnings or citations are the initial enforcement posture for DFPR through December 31, 2030, with potential disciplinary escalations if there is bad faith or pattern of violations.

3) Who/What Is Affected

  • Pharmacists licensed in Illinois and Illinois pharmacies (including those transferring prescriptions across pharmacies and across state lines).
  • Prescribers who issue prescriptions for Schedule II–V controlled substances (and those who may require or request waivers from e-prescribing).
  • Patients receiving prescriptions for controlled substances, particularly in contexts where e-prescribing may be impractical due to hours, shortages, or access barriers.
  • Entities providing electronic prescribing tools (e-prescribing systems, EHRs) and providers seeking waivers for economic hardship.

4) Procedural and Timeline Details

  • Electronic prescriptions for substances in Schedules II–V are the default; required to be sent electronically under the statute.
  • Transition windows:
    • 2024–2028: Optional non-electronic prescribing if the prescriber certifies not issuing more than 150 prescriptions in 12 months.
    • 2029 onward: Optional non-electronic prescribing if the prescriber certifies not issuing more than 50 prescriptions in 12 months.
  • Various exemptions and waivers may apply before or after these dates, including hardship exemptions, temporary outages, and patient-specific circumstances.
  • Enforcement: Early enforcement is non-disciplinary (warnings/citations) through 2030, expanding for bad faith or pattern violations thereafter.

5) Practical Implications

  • Increased clarity around transferability and documentation of Schedule II prescriptions, potentially reducing confusion and ensuring traceability when prescriptions move between pharmacies.
  • Expanded flexibility for prescribers and patients in situations where e-prescribing is not feasible, potentially improving timely access to medications during shortages or unusual care circumstances.
  • Expect ongoing DFPR rulemaking to detail compliance expectations, privacy considerations, and operational workflows for transfers and waivers.

If you’d like, I can provide a side-by-side comparison with current Illinois law or a plain-language quick-read version for distribution.

Compiled from official sources — confirm details with the bill’s official record.

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