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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3764

Introduced 2/5/2026, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

720 ILCS 570/312

from Ch. 56 1/2, par. 1312

Amends the Illinois Controlled Substances Act. Provides that,
notwithstanding the provisions of the Act that physicians may issue
multiple prescriptions (3 sequential 30-day supplies) for the same
Schedule II controlled substance, authorizing up to a 90-day supply,
provides that prescriptions for non-opioid, non-narcotic controlled
substances found in Schedule II, where a 90-day supply, but in no event
more than a 90-day supply, may be dispensed at any one time.
LRB104 17696 RLC 31127 b

A BILL FOR

SB3764
LRB104 17696 RLC 31127 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 312 as follows:

6

(720 ILCS 570/312)

(from Ch. 56 1/2, par. 1312)
7

Sec. 312.
Requirements for dispensing controlled
8
substances.
9

(a) A practitioner, in good faith, may dispense a Schedule
10
II controlled substance, which is a narcotic drug listed in
11
Section 206 of this Act; or which contains any quantity of
12
amphetamine or methamphetamine, their salts, optical isomers
13
or salts of optical isomers; phenmetrazine and its salts; or
14
pentazocine; and Schedule III, IV, or V controlled substances
15
to any person upon a written or electronic prescription of any
16
prescriber, dated and signed by the person prescribing (or
17
electronically validated in compliance with Section 311.5) on
18
the day when issued and bearing the name and address of the
19
patient for whom, or the owner of the animal for which the
20
controlled substance is dispensed, and the full name, address
21
and registry number under the laws of the United States
22
relating to controlled substances of the prescriber, if he or
23
she is required by those laws to be registered. If the

SB3764
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LRB104 17696 RLC 31127 b
1
prescription is for an animal it shall state the species of
2
animal for which it is ordered. The practitioner filling the
3
prescription shall, unless otherwise permitted, write the date
4
of filling and his or her own signature on the face of the
5
written prescription or, alternatively, shall indicate such
6
filling using a unique identifier as defined in paragraph (v)
7
of Section 3 of the Pharmacy Practice Act. The written
8
prescription shall be retained on file by the practitioner who
9
filled it or pharmacy in which the prescription was filled for
10
a period of 2 years, so as to be readily accessible for
11
inspection or removal by any officer or employee engaged in
12
the enforcement of this Act. Whenever the practitioner's or
13
pharmacy's copy of any prescription is removed by an officer
14
or employee engaged in the enforcement of this Act, for the
15
purpose of investigation or as evidence, such officer or
16
employee shall give to the practitioner or pharmacy a receipt
17
in lieu thereof. If the specific prescription is machine or
18
computer generated and printed at the prescriber's office, the
19
date does not need to be handwritten. A prescription for a
20
Schedule II controlled substance shall not be issued for more
21
than a 30 day supply, except as provided in subsection (a-5),
22
and shall be valid for up to 90 days after the date of
23
issuance. A written prescription for Schedule III, IV or V
24
controlled substances shall not be filled or refilled more
25
than 6 months after the date thereof or refilled more than 5
26
times unless renewed, in writing, by the prescriber. A

SB3764
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LRB104 17696 RLC 31127 b
1
pharmacy shall maintain a policy regarding the type of
2
identification necessary, if any, to receive a prescription in
3
accordance with State and federal law. The pharmacy must post
4
such information where prescriptions are filled.
5

(a-5) Physicians may issue multiple prescriptions (3
6
sequential 30-day supplies) for the same Schedule II
7
controlled substance, authorizing up to a 90-day supply
, with
8
the exception of prescriptions for non-opioid, non-narcotic
9
controlled substances found in Schedule II, where a 90-day
10
supply, but in no event more than a 90-day supply, may be
11
dispensed at any one time
. Before authorizing a 90-day supply
12
of a Schedule II controlled substance, the physician must meet
13
the following conditions:
14

(1) Each separate prescription must be issued for a
15

legitimate medical purpose by an individual physician
16

acting in the usual course of professional practice.
17

(2) The individual physician must provide written
18

instructions on each prescription (other than the first
19

prescription, if the prescribing physician intends for the
20

prescription to be filled immediately) indicating the
21

earliest date on which a pharmacy may fill that
22

prescription.
23

(3) The physician shall document in the medical record
24

of a patient the medical necessity for the amount and
25

duration of the 3 sequential 30-day prescriptions for
26

Schedule II narcotics.

SB3764
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LRB104 17696 RLC 31127 b
1

(a-10) Prescribers who issue a prescription for an opioid
2
shall inform the patient that opioids are addictive and that
3
opioid antagonists are available by prescription or from a
4
pharmacy.
5

(b) In lieu of a written prescription required by this
6
Section, a pharmacist, in good faith, may dispense Schedule
7
III, IV, or V substances to any person either upon receiving a
8
facsimile of a written, signed prescription transmitted by the
9
prescriber or the prescriber's agent or upon a lawful oral
10
prescription of a prescriber which oral prescription shall be
11
reduced promptly to writing by the pharmacist and such written
12
memorandum thereof shall be dated on the day when such oral
13
prescription is received by the pharmacist and shall bear the
14
full name and address of the ultimate user for whom, or of the
15
owner of the animal for which the controlled substance is
16
dispensed, and the full name, address, and registry number
17
under the law of the United States relating to controlled
18
substances of the prescriber prescribing if he or she is
19
required by those laws to be so registered, and the pharmacist
20
filling such oral prescription shall write the date of filling
21
and his or her own signature on the face of such written
22
memorandum thereof. The facsimile copy of the prescription or
23
written memorandum of the oral prescription shall be retained
24
on file by the proprietor of the pharmacy in which it is filled
25
for a period of not less than two years, so as to be readily
26
accessible for inspection by any officer or employee engaged

SB3764
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LRB104 17696 RLC 31127 b
1
in the enforcement of this Act in the same manner as a written
2
prescription. The facsimile copy of the prescription or oral
3
prescription and the written memorandum thereof shall not be
4
filled or refilled more than 6 months after the date thereof or
5
be refilled more than 5 times, unless renewed, in writing, by
6
the prescriber.
7

(c) Except for any non-prescription targeted
8
methamphetamine precursor regulated by the Methamphetamine
9
Precursor Control Act, a controlled substance included in
10
Schedule V shall not be distributed or dispensed other than
11
for a medical purpose and not for the purpose of evading this
12
Act, and then:
13

(1) only personally by a person registered to dispense
14

a Schedule V controlled substance and then only to his or
15

her patients, or
16

(2) only personally by a pharmacist, and then only to
17

a person over 21 years of age who has identified himself or
18

herself to the pharmacist by means of 2 positive documents
19

of identification.
20

The dispenser shall record the name and address of the
21
purchaser, the name and quantity of the product, the date and
22
time of the sale, and the dispenser's signature.
23

No person shall purchase or be dispensed more than 120
24
milliliters or more than 120 grams of any Schedule V substance
25
which contains codeine, dihydrocodeine, or any salts thereof,
26
or ethylmorphine, or any salts thereof, in any 96-hour period.

SB3764
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LRB104 17696 RLC 31127 b
1
The purchaser shall sign a form, approved by the Department of
2
Financial and Professional Regulation, attesting that he or
3
she has not purchased any Schedule V controlled substances
4
within the immediately preceding 96 hours.
5

All records of purchases and sales shall be maintained for
6
not less than 2 years.
7

No person shall obtain or attempt to obtain within any
8
consecutive 96-hour period any Schedule V substances of more
9
than 120 milliliters or more than 120 grams containing
10
codeine, dihydrocodeine or any of its salts, or ethylmorphine
11
or any of its salts. Any person obtaining any such
12
preparations or combination of preparations in excess of this
13
limitation shall be in unlawful possession of such controlled
14
substance.
15

A person qualified to dispense controlled substances under
16
this Act and registered thereunder shall at no time maintain
17
or keep in stock a quantity of Schedule V controlled
18
substances in excess of 4.5 liters for each substance; a
19
pharmacy shall at no time maintain or keep in stock a quantity
20
of Schedule V controlled substances as defined in excess of
21
4.5 liters for each substance, plus the additional quantity of
22
controlled substances necessary to fill the largest number of
23
prescription orders filled by that pharmacy for such
24
controlled substances in any one week in the previous year.
25
These limitations shall not apply to Schedule V controlled
26
substances which Federal law prohibits from being dispensed

SB3764
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LRB104 17696 RLC 31127 b
1
without a prescription.
2

No person shall distribute or dispense butyl nitrite for
3
inhalation or other introduction into the human body for
4
euphoric or physical effect.
5

(d) Every practitioner shall keep a record or log of
6
controlled substances received by him or her and a record of
7
all such controlled substances administered, dispensed or
8
professionally used by him or her otherwise than by
9
prescription. It shall, however, be sufficient compliance with
10
this paragraph if any practitioner utilizing controlled
11
substances listed in Schedules III, IV and V shall keep a
12
record of all those substances dispensed and distributed by
13
him or her other than those controlled substances which are
14
administered by the direct application of a controlled
15
substance, whether by injection, inhalation, ingestion, or any
16
other means to the body of a patient or research subject. A
17
practitioner who dispenses, other than by administering, a
18
controlled substance in Schedule II, which is a narcotic drug
19
listed in Section 206 of this Act, or which contains any
20
quantity of amphetamine or methamphetamine, their salts,
21
optical isomers or salts of optical isomers, pentazocine, or
22
methaqualone shall do so only upon the issuance of a written
23
prescription blank or electronic prescription issued by a
24
prescriber.
25

(e) Whenever a manufacturer distributes a controlled
26
substance in a package prepared by him or her, and whenever a

SB3764
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LRB104 17696 RLC 31127 b
1
wholesale distributor distributes a controlled substance in a
2
package prepared by him or her or the manufacturer, he or she
3
shall securely affix to each package in which that substance
4
is contained a label showing in legible English the name and
5
address of the manufacturer, the distributor and the quantity,
6
kind and form of controlled substance contained therein. No
7
person except a pharmacist and only for the purposes of
8
filling a prescription under this Act, shall alter, deface or
9
remove any label so affixed.
10

(f) Whenever a practitioner dispenses any controlled
11
substance except a non-prescription Schedule V product or a
12
non-prescription targeted methamphetamine precursor regulated
13
by the Methamphetamine Precursor Control Act, he or she shall
14
affix to the container in which such substance is sold or
15
dispensed, a label indicating the date of initial filling, the
16
practitioner's name and address, the name of the patient, the
17
name of the prescriber, the directions for use and cautionary
18
statements, if any, contained in any prescription or required
19
by law, the proprietary name or names or the established name
20
of the controlled substance, and the dosage and quantity,
21
except as otherwise authorized by regulation by the Department
22
of Financial and Professional Regulation. No person shall
23
alter, deface or remove any label so affixed as long as the
24
specific medication remains in the container.
25

(g) A person to whom or for whose use any controlled
26
substance has been prescribed or dispensed by a practitioner,

SB3764
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LRB104 17696 RLC 31127 b
1
or other persons authorized under this Act, and the owner of
2
any animal for which such substance has been prescribed or
3
dispensed by a veterinarian, may lawfully possess such
4
substance only in the container in which it was delivered to
5
him or her by the person dispensing such substance.
6

(h) The responsibility for the proper prescribing or
7
dispensing of controlled substances that are under the
8
prescriber's direct control is upon the prescriber. The
9
responsibility for the proper filling of a prescription for
10
controlled substance drugs rests with the pharmacist. An order
11
purporting to be a prescription issued to any individual,
12
which is not in the regular course of professional treatment
13
nor part of an authorized methadone maintenance program, nor
14
in legitimate and authorized research instituted by any
15
accredited hospital, educational institution, charitable
16
foundation, or federal, state or local governmental agency,
17
and which is intended to provide that individual with
18
controlled substances sufficient to maintain that individual's
19
or any other individual's, habitual or customary use,
20
dependence, or diversion of that controlled substance is not a
21
prescription within the meaning and intent of this Act; and
22
the person issuing it, shall be subject to the penalties
23
provided for violations of the law relating to controlled
24
substances.
25

(i) A prescriber shall not pre-print or cause to be
26
pre-printed a prescription for any controlled substance; nor

SB3764
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LRB104 17696 RLC 31127 b
1
shall any practitioner issue, fill or cause to be issued or
2
filled, a pre-printed prescription for any controlled
3
substance.
4

(i-5) A prescriber may use a machine or electronic device
5
to individually generate a printed prescription, but the
6
prescriber is still required to affix his or her manual
7
signature.
8

(j) No person shall manufacture, dispense, deliver,
9
possess with intent to deliver, prescribe, or administer or
10
cause to be administered under his or her direction any
11
anabolic steroid, for any use in humans other than the
12
treatment of disease in accordance with the order of a
13
physician licensed to practice medicine in all its branches
14
for a valid medical purpose in the course of professional
15
practice. The use of anabolic steroids for the purpose of
16
hormonal manipulation that is intended to increase muscle
17
mass, strength or weight without a medical necessity to do so,
18
or for the intended purpose of improving physical appearance
19
or performance in any form of exercise, sport, or game, is not
20
a valid medical purpose or in the course of professional
21
practice.
22

(k) Controlled substances may be mailed if all of the
23
following conditions are met:
24

(1) The controlled substances are not outwardly
25

dangerous and are not likely, of their own force, to cause
26

injury to a person's life or health.

SB3764
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LRB104 17696 RLC 31127 b
1

(2) The inner container of a parcel containing
2

controlled substances must be marked and sealed as
3

required under this Act and its rules, and be placed in a
4

plain outer container or securely wrapped in plain paper.
5

(3) If the controlled substances consist of
6

prescription medicines, the inner container must be
7

labeled to show the name and address of the pharmacy or
8

practitioner dispensing the prescription.
9

(4) The outside wrapper or container must be free of
10

markings that would indicate the nature of the contents.
11

(l) Notwithstanding any other provision of this Act to the
12
contrary, emergency medical services personnel may administer
13
Schedule II, III, IV, or V controlled substances to a person in
14
the scope of their employment without a written, electronic,
15
or oral prescription of a prescriber.
16
(Source: P.A. 102-1040, eff. 1-1-23; 103-154, eff. 6-30-23;
17
103-881, eff. 1-1-25
.)

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