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HB 3168

Relating to residential developmental disabilities services; prescribing an effective date.

2025 Regular Session Introduced by Pam Marsh and 1 co-sponsor

Prohibits selling or distributing any product with tianeptine in Illinois starting Jan 1, 2026, with an exception for prescriptions or dispenses by licensed health professionals.

In committee upon adjournment.
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Bill Summary · HB 3168

Summary — HB 3168 (Retail Sale of Tianeptine Prohibition Act)

  • Bill number: HB 3168
  • Sponsor: Rep. Jawaharial Williams
  • Introduced: February 18–21, 2025 (filed with Clerk 2/6/2025)
  • Status: In committee upon adjournment (as of 2025-06-28)
  • Effective date (if enacted): January 1, 2026

Purpose

The bill would prohibit the retail sale, offer to sell, or distribution in Illinois of any product containing tianeptine beginning January 1, 2026. The intent is to remove tianeptine-containing products from general commercial distribution while preserving access when the substance is lawfully prescribed or dispensed by licensed health professionals.

Key provisions

  • Creates the "Retail Sale of Tianeptine Prohibition Act."
  • Prohibition: Beginning January 1, 2026, it is unlawful to sell, offer to sell, or distribute any product that contains tianeptine in Illinois.
  • Exception: The prohibition does not apply to products containing tianeptine that are lawfully dispensed or prescribed by a pharmacist or a "health care professional."
  • Definition: "Health care professional" is defined in the bill as a person who treats human ailments and is subject to licensure or regulation by the State, and explicitly includes students and residents.
  • Enforcement/penalty: A violation is classified as a business offense, punishable by a minimum fine of $1,500 for each violation. The bill does not specify criminal penalties or imprisonment.

Who would be affected

  • Retailers, online sellers, distributors, and businesses that currently sell tianeptine-containing products would be prohibited from retail distribution.
  • Pharmacists and licensed health care professionals would still be able to lawfully prescribe or dispense tianeptine-containing products under the exception.
  • Consumers who obtain tianeptine through retail channels would be impacted; lawful medical use via prescription would remain permitted.

Legislative status and timeline

  • Readings, referrals and actions include: first readings (2/18–2/21/2025), multiple committee referrals (Rules, Executive, Early Childhood and Human Services, Ways & Means), a public hearing (3/4/2025), work session (3/25/2025), recommendation “do pass” and referral to Ways & Means (3/31/2025). As of 2025-06-28 the bill is in committee upon adjournment.
  • Companion bills: SB 1809 and HB 3014.

Considerations / potential impacts

  • The measure primarily restricts commercial availability of tianeptine while preserving clinical access.
  • Businesses selling supplements or other consumer products containing tianeptine would need to cease retail distribution or face fines.
  • Enforcement practicalities (inspection, seizure, appeals) and interactions with federal law are not detailed in the bill text.

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

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