The Illinois Department of Financial and Professional Regulation (IDFPR) has released the e-prescription guidance regarding exemptions for the upcoming requirement for submitting prescriptions for controlled substances electronically.

The guidance indicates for those prescribers who certify they issue 150 or fewer controlled substance prescriptions in a 12-month period; the prescriber will need to answer an attestation-type question for the waiver on the license renewal application. IDFPR has indicated to ISDS that the 12-month period will be calculated on a calendar year basis.

Details of the New Law

Beginning January 1, 2024, all healthcare providers prescribing controlled substances schedule II-V must submit prescriptions electronically. The legislation provides for the following exemptions to submitting the prescriptions electronically:

• A provider does not issue more than 150 prescriptions during a 12-month period until December 31, 2028. Starting January 1, 2029, a prescriber would be exempt if they do not issue more than 50 prescriptions during a 12-month period.
• Before January 1, 2026, the prescriber demonstrates financial difficulty buying or managing an electronic prescription option.
• On and after January 1, 2026, the prescriber provides proof of a waiver from the Centers for Medicare and Medicaid Services for economic hardship.
• Temporary technological or electrical failure that prevents an electronic prescription from being issued.
• The practitioner determines it would be impractical for the patient to obtain in a timely manner if prescribed electronically and would adversely impact the patient’s medical condition.
• Patients in specific locations and situations, such as nursing homes, correctional facilities, or undergoing hospice care.