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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3521

Introduced 2/5/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

720 ILCS 570/318

Amends the Illinois Controlled Substances Act. Provides that, in
relation to the prescriber and dispenser inquiry system, "one-to-one
secure link" includes any communications exchange platform that aligns
with widely adopted standards, including, but not limited to, the
Prescription Monitoring Information Exchange standard, which facilitates
the secure transfer of prescription monitoring program data across state
lines.
LRB104 19704 RLC 33153 b

A BILL FOR

SB3521
LRB104 19704 RLC 33153 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Controlled Substances Act is
5
amended by changing Section 318 as follows:

6

(720 ILCS 570/318)
7

Sec. 318.
Confidentiality of information.
8

(a) Information received by the central repository under
9
Section 316 and former Section 321 is confidential.
10

(a-1) To ensure the federal Health Insurance Portability
11
and Accountability Act and confidentiality of substance use
12
disorder patient records rules that mandate the privacy of an
13
individual's prescription data reported to the Prescription
14
Monitoring Program received from a retail dispenser under this
15
Act, and in order to execute the duties and responsibilities
16
under Section 316 of this Act and rules for disclosure under
17
this Section, the Clinical Director of the Prescription
18
Monitoring Program or his or her designee shall maintain
19
direct access to all Prescription Monitoring Program data. Any
20
request for Prescription Monitoring Program data from any
21
other department or agency must be approved in writing by the
22
Clinical Director of the Prescription Monitoring Program or
23
his or her designee unless otherwise permitted by law.

SB3521
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LRB104 19704 RLC 33153 b
1
Prescription Monitoring Program data shall only be disclosed
2
as permitted by law. Confidential information received from
3
opioid treatment programs or confidential information
4
otherwise protected under federal confidentiality of substance
5
use disorder patient records regulations under 42 CFR Part 2
6
shall not be included in the information shared.
7

(a-2) As an active step to address the current opioid
8
crisis in this State and to prevent and reduce substance use
9
disorders resulting from a sports injury or an accident, the
10
Prescription Monitoring Program and the Department of Public
11
Health shall coordinate a continuous review of the
12
Prescription Monitoring Program and the Department of Public
13
Health data to determine if a patient may be at risk of opioid
14
use disorder. Each patient discharged from any medical
15
facility with an International Classification of Disease, 10th
16
edition code related to a sport or accident injury shall be
17
subject to the data review. If the discharged patient is
18
dispensed a controlled substance, the Prescription Monitoring
19
Program shall alert the patient's prescriber as to the risk of
20
developing a substance use disorder and urge each to follow
21
the Centers for Disease Control and Prevention guidelines or
22
his or her respective profession's treatment guidelines
23
related to the patient's injury. This subsection (a-2), other
24
than this sentence, is inoperative on or after January 1,
25
2024.
26

(b) The Department must carry out a program to protect the

SB3521
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LRB104 19704 RLC 33153 b
1
confidentiality of the information described in subsection
2
(a). The Department may disclose the information to another
3
person only under subsection (c), (d), or (f) and may charge a
4
fee not to exceed the actual cost of furnishing the
5
information.
6

(c) The Department may disclose confidential information
7
described in subsection (a) to any person who is engaged in
8
receiving, processing, or storing the information.
9

(d) The Department may release confidential information
10
described in subsection (a) to the following persons:
11

(1) A governing body that licenses practitioners and
12

is engaged in an investigation, an adjudication, or a
13

prosecution of a violation under any State or federal law
14

that involves a controlled substance.
15

(2) An investigator for the Consumer Protection
16

Division of the office of the Attorney General, a
17

prosecuting attorney, the Attorney General, a deputy
18

Attorney General, or an investigator from the office of
19

the Attorney General, who is engaged in any of the
20

following activities involving controlled substances:
21

(A) an investigation;
22

(B) an adjudication; or
23

(C) a prosecution of a violation under any State
24

or federal law that involves a controlled substance.
25

(3) A law enforcement officer who is:
26

(A) authorized by the Illinois State Police or the

SB3521
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LRB104 19704 RLC 33153 b
1

office of a county sheriff or State's Attorney or
2

municipal police department of Illinois to receive
3

information of the type requested for the purpose of
4

investigations involving controlled substances; or
5

(B) approved by the Department to receive
6

information of the type requested for the purpose of
7

investigations involving controlled substances; and
8

(C) engaged in the investigation or prosecution of
9

a violation under any State or federal law that
10

involves a controlled substance.
11

(4) Select representatives of the Department of
12

Children and Family Services through the indirect online
13

request process. Access shall be established by an
14

intergovernmental agreement between the Department of
15

Children and Family Services and the Department of Human
16

Services.
17

(e) Before the Department releases confidential
18
information under subsection (d), all of the following must be
19
demonstrated in writing to the Department by the applicant:
20

(1) the applicant has reason to believe that a
21

violation under any State or federal law that involves a
22

controlled substance has occurred;
23

(2) the requested information is reasonably related to
24

the investigation, adjudication, or prosecution of the
25

violation described in subdivision (1); and
26

(3) the applicant has a valid court order or subpoena,

SB3521
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LRB104 19704 RLC 33153 b
1

or an administrative subpoena issued by the Department of
2

Financial and Professional Regulation, for the
3

confidential information requested.
4

(f) The Department may receive and release confidential
5
prescription record information collected under Sections 316
6
and 321 (now repealed) that identifies vendors or
7
practitioners, or both, who are prescribing or dispensing
8
large quantities of Schedule II, III, IV, or V controlled
9
substances outside the scope of their practice, pharmacy, or
10
business, as determined by the Advisory Committee created by
11
Section 320, to:
12

(1) a governing body that licenses practitioners;
13

(2) an investigator for the Consumer Protection
14

Division of the office of the Attorney General, a
15

prosecuting attorney, the Attorney General, a deputy
16

Attorney General, or an investigator from the office of
17

the Attorney General;
18

(3) any Illinois law enforcement officer who is:
19

(A) authorized to receive the type of information
20

released; and
21

(B) approved by the Department to receive the type
22

of information released; or
23

(4) prescription monitoring entities in other states
24

per the provisions outlined in subsection (g) and (h)
25

below.
26

(f-5) In accordance with a confidentiality agreement

SB3521
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LRB104 19704 RLC 33153 b
1
entered into with the Department, a medical director, or a
2
public health administrator and their delegated analysts, of a
3
county or municipal health department or the Department of
4
Public Health shall have access to data from the system for any
5
of the following purposes:
6

(1) developing education programs or public health
7

interventions relating to prescribing trends and
8

controlled substance use; or
9

(2) conducting analyses and publish reports on
10

prescribing trends in their respective jurisdictions.
11

At a minimum, the confidentiality agreement entered into
12
with the Department shall:
13

(i) prohibit analysis and reports produced under
14

subparagraph (2) from including information that
15

identifies, by name, license, or address, any
16

practitioner, dispenser, ultimate user, or other person
17

administering a controlled substance; and
18

(ii) specify the appropriate technical and physical
19

safeguards that the county or municipal health department
20

must implement to ensure the privacy and security of data
21

obtained from the system. The data from the system shall
22

not be admissible as evidence, nor discoverable in any
23

action of any kind in any court or before any tribunal,
24

board, agency, or person. The disclosure of any such
25

information or data, whether proper or improper, shall not
26

waive or have any effect upon its confidentiality,

SB3521
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LRB104 19704 RLC 33153 b
1

non-discoverability, or non-admissibility.
2

(g) The information described in subsection (f) may not be
3
released until it has been reviewed by an employee of the
4
Department who is licensed as a prescriber or a dispenser and
5
until that employee has certified that further investigation
6
is warranted. Upon review and approval by a licensed
7
prescriber or dispenser, or trained designee, the Prescription
8
Monitoring Program may release information described in
9
subsection (f). However, failure to comply with this
10
subsection (g) does not invalidate the use of any evidence
11
that is otherwise admissible in a proceeding described in
12
subsection (h).
13

(h) An investigator or a law enforcement officer receiving
14
confidential information under subsection (c), (d), or (f) may
15
disclose the information to a law enforcement officer or an
16
attorney for the office of the Attorney General for use as
17
evidence in the following:
18

(1) A proceeding under any State or federal law that
19

involves a controlled substance.
20

(2) A criminal proceeding or a proceeding in juvenile
21

court that involves a controlled substance.
22

(i) The Department may compile statistical reports from
23
the information described in subsection (a). The reports must
24
not include information that identifies, by name, license or
25
address, any practitioner, dispenser, ultimate user, or other
26
person administering a controlled substance.

SB3521
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LRB104 19704 RLC 33153 b
1

(j) Based upon federal, initial and maintenance funding, a
2
prescriber and dispenser inquiry system shall be developed to
3
assist the health care community in its goal of effective
4
clinical practice and to prevent patients from diverting or
5
abusing medications.
6

(1) An inquirer shall have read-only access to a
7

stand-alone database which shall contain records for the
8

previous 12 months.
9

(2) Dispensers may, upon positive and secure
10

identification, make an inquiry on a patient or customer
11

solely for a medical purpose as delineated within the
12

federal HIPAA law.
13

(3) The Department shall provide a one-to-one secure
14

link and encrypted software necessary to establish the
15

link between an inquirer and the Department. Technical
16

assistance shall also be provided.
As used in this
17

paragraph (3), "one-to-one secure link" includes any
18

communications exchange platform that aligns with widely
19

adopted standards, including, but not limited to, the
20

Prescription Monitoring Information Exchange standard,
21

which facilitates the secure transfer of prescription
22

monitoring program data across state lines.

23

(4) Written inquiries are acceptable but must include
24

the fee and the requester's Drug Enforcement
25

Administration license number and submitted upon the
26

requester's business stationery.

SB3521
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LRB104 19704 RLC 33153 b
1

(5) As directed by the Prescription Monitoring Program
2

Advisory Committee and the Clinical Director for the
3

Prescription Monitoring Program, aggregate data that does
4

not indicate any prescriber, practitioner, dispenser, or
5

patient may be used for clinical studies.
6

(6) Tracking analysis shall be established and used
7

per administrative rule.
8

(7) Nothing in this Act or Illinois law shall be
9

construed to require a prescriber or dispenser to make use
10

of this inquiry system.
11

(8) If there is an adverse outcome because of a
12

prescriber or dispenser making an inquiry, which is
13

initiated in good faith, the prescriber or dispenser shall
14

be held harmless from any civil liability.
15

(k) The Department shall establish, by rule, the process
16
by which to evaluate possible erroneous association of
17
prescriptions to any licensed prescriber or end user of the
18
Illinois Prescription Information Library (PIL).
19

(l) The Prescription Monitoring Program Advisory Committee
20
is authorized to evaluate the need for and method of
21
establishing a patient specific identifier.
22

(m) Patients who identify prescriptions attributed to them
23
that were not obtained by them shall be given access to their
24
personal prescription history pursuant to the validation
25
process as set forth by administrative rule.
26

(n) The Prescription Monitoring Program is authorized to

SB3521
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LRB104 19704 RLC 33153 b
1
develop operational push reports to entities with compatible
2
electronic medical records. The process shall be covered
3
within administrative rule established by the Department.
4

(o) Hospital emergency departments and freestanding
5
healthcare facilities providing healthcare to walk-in patients
6
may obtain, for the purpose of improving patient care, a
7
unique identifier for each shift to utilize the PIL system.
8

(p) The Prescription Monitoring Program shall
9
automatically create a log-in to the inquiry system when a
10
prescriber or dispenser obtains or renews his or her
11
controlled substance license. The Department of Financial and
12
Professional Regulation must provide the Prescription
13
Monitoring Program with electronic access to the license
14
information of a prescriber or dispenser to facilitate the
15
creation of this profile. The Prescription Monitoring Program
16
shall send the prescriber or dispenser information regarding
17
the inquiry system, including instructions on how to log into
18
the system, instructions on how to use the system to promote
19
effective clinical practice, and opportunities for continuing
20
education for the prescribing of controlled substances. The
21
Prescription Monitoring Program shall also send to all
22
enrolled prescribers, dispensers, and designees information
23
regarding the unsolicited reports produced pursuant to Section
24
314.5 of this Act.
25

(q) A prescriber or dispenser may authorize a designee to
26
consult the inquiry system established by the Department under

SB3521
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LRB104 19704 RLC 33153 b
1
this subsection on his or her behalf, provided that all the
2
following conditions are met:
3

(1) the designee so authorized is employed by the same
4

hospital or health care system; is employed by the same
5

professional practice; or is under contract with such
6

practice, hospital, or health care system;
7

(2) the prescriber or dispenser takes reasonable steps
8

to ensure that such designee is sufficiently competent in
9

the use of the inquiry system;
10

(3) the prescriber or dispenser remains responsible
11

for ensuring that access to the inquiry system by the
12

designee is limited to authorized purposes and occurs in a
13

manner that protects the confidentiality of the
14

information obtained from the inquiry system, and remains
15

responsible for any breach of confidentiality; and
16

(4) the ultimate decision as to whether or not to
17

prescribe or dispense a controlled substance remains with
18

the prescriber or dispenser.
19

The Prescription Monitoring Program shall send to
20
registered designees information regarding the inquiry system,
21
including instructions on how to log onto the system.
22

(r) The Prescription Monitoring Program shall maintain an
23
Internet website in conjunction with its prescriber and
24
dispenser inquiry system. This website shall include, at a
25
minimum, the following information:
26

(1) current clinical guidelines developed by health

SB3521
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LRB104 19704 RLC 33153 b
1

care professional organizations on the prescribing of
2

opioids or other controlled substances as determined by
3

the Advisory Committee;
4

(2) accredited continuing education programs related
5

to prescribing of controlled substances;
6

(3) programs or information developed by health care
7

professionals that may be used to assess patients or help
8

ensure compliance with prescriptions;
9

(4) updates from the Food and Drug Administration, the
10

Centers for Disease Control and Prevention, and other
11

public and private organizations which are relevant to
12

prescribing;
13

(5) relevant medical studies related to prescribing;
14

(6) other information regarding the prescription of
15

controlled substances; and
16

(7) information regarding prescription drug disposal
17

events, including take-back programs or other disposal
18

options or events.
19

The content of the Internet website shall be periodically
20
reviewed by the Prescription Monitoring Program Advisory
21
Committee as set forth in Section 320 and updated in
22
accordance with the recommendation of the advisory committee.
23

(s) The Prescription Monitoring Program shall regularly
24
send electronic updates to the registered users of the
25
Program. The Prescription Monitoring Program Advisory
26
Committee shall review any communications sent to registered

SB3521
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LRB104 19704 RLC 33153 b
1
users and also make recommendations for communications as set
2
forth in Section 320. These updates shall include the
3
following information:
4

(1) opportunities for accredited continuing education
5

programs related to prescribing of controlled substances;
6

(2) current clinical guidelines developed by health
7

care professional organizations on the prescribing of
8

opioids or other drugs as determined by the Advisory
9

Committee;
10

(3) programs or information developed by health care
11

professionals that may be used to assess patients or help
12

ensure compliance with prescriptions;
13

(4) updates from the Food and Drug Administration, the
14

Centers for Disease Control and Prevention, and other
15

public and private organizations which are relevant to
16

prescribing;
17

(5) relevant medical studies related to prescribing;
18

(6) other information regarding prescribing of
19

controlled substances;
20

(7) information regarding prescription drug disposal
21

events, including take-back programs or other disposal
22

options or events; and
23

(8) reminders that the Prescription Monitoring Program
24

is a useful clinical tool.
25

(t) Notwithstanding any other provision of this Act,
26
neither the Prescription Monitoring Program nor any other

SB3521
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LRB104 19704 RLC 33153 b
1
person shall disclose any information in violation of the
2
restrictions and requirements of paragraph (3.5) of subsection
3
(a) of Section 316 as implemented under Public Act 102-527.
4
(Source: P.A. 102-751, eff. 1-1-23; 103-881, eff. 1-1-25;
5
103-1064, eff. 2-7-25.)

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